Examples of VCP Exportadora in a sentence
This Note is one of the Notes referred to in, and is entitled to the benefits of, the Credit Agreement dated as of May 23, 2002 and amended and restated as of April 26, 2004 (as from time to time may be further amended, the "Credit Agreement"), among the Borrower, VCP North America Inc., VCP Exportadora e Participacoes Ltda., Votorantim Celulose e Papel S.A., Newark Financial, Inc., the Lenders party thereto, ABN AMRO Bank N.V. as the Administrative Agent, and The Bank of New York, as the Collateral Agent.
Neither Newark, either Newark Subsidiary, VCP Exportadora nor VCP shall take (or permit any other Person to take) any action that could reasonably be expected to result in it being required to be registered as an "investment company" under the United States Investment Company Act of 1940.
BNP Paribas 50,000,000 50,000,000 Export Prepayment Agreement, dated as of January 19, 2005, among VCP Exportadora e Participações Ltda., Votorantim Celulose e Papel S.A., VCP Trading N.V. and Banco Santander Central Hispano, S.A., London Branch.
None of Newark, either Newark Subsidiary, VCP Exportadora nor VCP is required to be registered as an "investment company" under the United States Investment Company Act of 1940.
Each of Newark, each Newark Subsidiary, VCP Exportadora and VCP has filed all material tax returns required to be filed by it (taking into account any applicable extensions) and paid all Taxes shown to be due thereon except such as are being contested in good faith by appropriate proceedings or could not reasonably be expected to have a Material Adverse Effect.
Neither Newark, either Newark Subsidiary, VCP Exportadora nor VCP shall: (a) make any material change in its line of business, (b) change its fiscal year, (c) change its name or domicile or take any other action that might adversely affect the priority, perfection or validity of the Liens created by the Loan Documents or (d) make or permit any material change in its accounting policies or reporting practices except as required by a change in GAAP (or, with respect to VCP, U.S. GAAP).
There is no fact known to Newark, either Newark Subsidiary, VCP Exportadora or VCP that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Lenders for use in connection with the transactions contemplated by the Loan Documents.
Neither Newark, either Newark Subsidiary, VCP Exportadora nor VCP (nor any other Person on their behalf) shall directly or indirectly pay or cause to be paid any remuneration in any manner whatsoever to any Lender as consideration for or as an inducement to the entering into by such Lender of any waiver or amendment of any of the Loan Documents unless such remuneration is concurrently paid ratably to each Lender even if any such Lender is not required to or did not consent to such waiver or amendment.
A copy of the audited balance sheet of each of VCP and VCP Exportadora as of December 31, 2001, and the related statements of income and cash flows for the fiscal year ending on that date, all in accordance with GAAP and, in the case of VCP only, on a consolidated basis and with a copy of VCP's most recent Form 20-F filed with the U.S. Securities and Exchange Commission (including financial statements prepared in accordance with U.S. GAAP).
Each of Newark, each Newark Subsidiary, VCP Exportadora and VCP shall assist the Arranger and the Lenders in their syndication efforts (including by making senior managers available for bank meetings and by providing upon request all information reasonably deemed necessary by any such Person to complete the syndication of the Loans and/or Commitments successfully).