Bank Facility. Enjoy's obligations contained in the Bank Facility and in the documents granted thereunder are ratified, and therefore the real and personal guarantees established in these documents to secure the payment of the obligations under the Bank Facility are maintained, ratified and reserved, expressly and in all their parts, as such obligations are modified by virtue of this Agreement, the documents that may be required under Chilean law for the due reservation, ratification and maintenance of the same must be granted. By this act, or by means of a Public Deed of Declaration (hereinafter the “Deed of Declaration Bank Facility”) accompanied to the 8th Civil Court of Santiago, in case number C- 1590-2024, prior to the celebration of the Deliberative Meeting, Enjoy, Inmobiliaria Kuden SpA, Casino del Mar S.A. and Casino del Lago S.A. (hereinafter jointly the “Guarantors of Bank Facility”), represented by their representatives Xxx. Xxxxxxx Xxxx-Righi Xxxxxxx, X.X. No. 13.454.480-5 and Xx. Xxxxxxx Xxxxx Xxxxxxx, X.X. No. 10.220.513-8, appear and expressly declare that they agree to Enjoy's obligations under the Bank Facility, as modified by virtue of this Agreement, and expressly declare that the pledges, mortgages and notes and joint and several co- debt granted by them under the terms indicated in the Bank Facility and in the respective collateral, as applicable, shall also extend to the obligations of the Debtor Company under the Bank Facility, as modified, under the terms set forth in this Agreement. For the avoidance of doubt, the real and personal guarantees that secure Enjoy's obligations under the Bank Facility, ratified herein or through the Bank Facility Declaration Deed, extend and agree to the full payment of Enjoy's debt to the Creditors of the Bank Facility, either by virtue of this Agreement or the documents granted by virtue of it, extending in all cases to the successive extensions, reagreements or novations of such credits, which is expressly accepted by the participating Guarantors of the Bank Facility. The Guarantors of the Bank Facility, represented in the manner indicated above, undertake to sign all acts, agreements and documents that are necessary or convenient for the implementation of this Reorganization Agreement, including the execution of public deeds of ratification of the guarantees, and the granting of the corresponding corporate authorizations, to the satisfaction of the Creditor of the Bank Facility. In the event that the Bank Facili...
Bank Facility. The Company shall have delivered to PIM and Prudential fully executed copies of the Bank Credit Agreement and each of the other instruments and agreements executed and/or delivered in connection therewith, each certified as true, correct and complete by an Authorized Officer of the Company and with terms and conditions satisfactory to PIM and Prudential.
Bank Facility. Concurrently with the Closing, the Bank Facility shall be satisfied in full as described in Section 1.3(c) and any and all Encumbrances related thereto released in their entirety. If the Closing occurs, all closing conditions set forth in this Section 7.2 that have not been fully satisfied as of the Closing shall be deemed to have been fully waived by Purchaser; provided that such waiver will not affect any right to indemnification pursuant to Article VIII in respect of any inaccuracy in any certification made pursuant to Section 7.2(c)(i).
Bank Facility. Increase The Company shall have received a written commitment from the Lenders, as such term is defined in the Credit Agreement, agreeing to increase the Company's credit facility from $75 million to an amount not less than $100 million.
Bank Facility. The Companies shall have a line of credit in a minimum amount of $6,000,000 with Sterling National Bank or such other bank reasonably acceptable to Purchaser, such line of credit shall be in good standing, with no outstanding balances and the Companies shall be in compliance with all financial covenants and in all material respects with all other loan covenants contained in such line of credit. The Companies and Subsidiaries shall have the ability to draw on such line of credit.
Bank Facility. The Purchasers shall have received a true, correct and complete copy of Amendment No. 6 to the Credit Agreement dated June 11, 2015.
Bank Facility. The overdraft facility granted by Bank of East Asia in favour of JTT has been repaid in full and cancelled and there is no amount outstanding or due thereunder by the Group.
Bank Facility. The Purchasers shall have received a true, correct and complete copy of Amendment No. 3 to the Credit Agreement and Amendment No. 1 to Security Agreement dated August 26, 2015.
Bank Facility. The Company shall arrange a facility for its initial working capital (the “Bank Facility”) with Mizuho Bank (or such other bank as the Shareholders may select which offers more favourable terms) (the “Bank”). The amount of the Bank Facility shall be JPY 30,460,000 or such other amount as the Bank will lend without requiring any recourse to either Shareholder. To the extent required by the Bank, the Shareholders shall severally guarantee the Bank Facility. The proportions in which the Shareholders shall each be required to guarantee the Company’s obligations shall not exceed the proportion in which the Shareholders respectively hold Shares. The Bank Facility shall be on the basis that the Bank will not acquire the right to participate in the share capital of the Company or otherwise in the Business. To the extent required by the Bank, the Shareholders shall subordinate any Loan Notes to all sums owed to the Bank.
Bank Facility. Each Purchaser has received a true, correct and duly authorized and executed copy of each of the documents executed in connection with the Bank Facility, including all schedules and exhibits thereto and side letters, if any, affecting the terms thereof or delivered in connection therewith, together with all amendments and waivers thereto, and no material provision of any of the foregoing agreements has been amended, supplemented or otherwise modified or waived without the prior written consent of each Purchaser. The Company has the corporate authority to request and receive, and each of the banks a party to the Bank Facility has an obligation to advance, funds under the Bank Facility pursuant to the terms and conditions thereof.
