THE ORIGINAL BORROWERS Sample Clauses

THE ORIGINAL BORROWERS. EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA INVESTMENT ) /s/ Xxxxxx Xxxx HOLDINGS LIMITED ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA LIMITED ) /s/ Xxxxxx Xxxx ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA WHOLESALE ) /s/ Xxxxxx Xxxx LIMITED ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) /s/ Xxxxxx Xxxx VMIH SUB LIMITED ) ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA SFA FINANCE ) /s/ Xxxxxx Xxxx LIMITED ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP THE FACILITY AGENT EXECUTED as a DEED for and on behalf of DEUTSCHE BANK AG, LONDON BRANCH By: /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxxx XxXxxxx THE L/C BANK EXECUTED as a DEED for and on behalf of DEUTSCHE BANK AG, LONDON BRANCH By: /s/ Xxxxxx Xxxxx By: /s/ Xxxxx XxXxxxxxx Xxxxxx Xxxxx Xxxxx XxXxxxxxx Vice President Managing Director THE ADDITIONAL FACILITY LENDERS EXECUTED AS A DEED by ) DEUTSCHE BANK AG, LONDON ) BRANCH ) /s/ Xxxxxx Xxxxx ) Title: Vice President acting by its authorised signatories ) ) and /s/ Xxxxx XxXxxxxxx ) Title: Managing Partner acting under the authority of that ) company ) In the presence of : /s/ Xxxxx Xxxxxxxxx Name of witness: Xxxxx Xxxxxxxxx Address of witness: 0 Xxxxx Xxxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX Occupation of witness: Vice President EXECUTED AS A DEED by ) BANK OF AMERICA, N.A. ) acting by: ) /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President In the presence of: /s/ Xxxx Xxxxx Xxxx Witness name: Xxxx Xxxxx Xxxx Witness address: 00X Xxxxxxxxx Xxxx XX0 0XX Xxxxxx Witness occupation: Credit Analyst EXECUTED AS A DEED by ) BNP PARIBAS LONDON BRANCH ) acting by: ) /s/ Xxxxxxx Xxxxx /s/ Xxxxx Xxxxx Name: Xxxxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director Title: Managing Director In the presence of: /s/ Xxxxxx Xxxxxxx Witness name: Xxxxxx Xxxxxxx Witness address: 00X Xxxx...
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THE ORIGINAL BORROWERS. Name of Original Borrower Jurisdiction of incorporation Registration number (or equivalent, if any) BHP Billiton Limited Australia ABN 49 004 028 077 BHP Billiton Plc England and Wales 3196209 BHP Billiton Finance B.V. Netherlands 27154589 BHP Billiton Finance Limited Australia ABN 82 000 000 000
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THE ORIGINAL BORROWERS. Name of Original Borrower Registration number (or equivalent, if any) ------------------------- ------------------------------------------- SALTON HOLDINGS LIMITED 00114036 SALTON EUROPE LIMITED 00073700
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THE ORIGINAL BORROWERS. LUXOTTICA GROUP S.p.A. by: XXXXXX XXXXXXXXX Address: Fax: Attention: LUXOTTICA U.S. HOLDINGS CORP. by: XXXXXX XXXXXXXXX Address: Fax: Attention:
Sample 1
THE ORIGINAL BORROWERS. EXECUTED AS A DEED For and on behalf of CEMEX, S.A.B. DE C.V. By: XXXX X. XXXXXXXX Print name: XXXX X. XXXXXXXX Witness: XXXXXX XXXX XXXX XXXXXX Print name: XXXXXX XXXX XXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of CEMEX ESPAÑA, S.A. By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of NEW SUNWARD HOLDING B.V. By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of CEMEX MATERIALS LLC By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of CEMEX FINANCE LLC By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement
Sample 1
THE ORIGINAL BORROWERS the Lenders and the Agent have heretofore entered into that certain Loan and Security Agreement dated as of October 28, 1997 (as amended, restated, supplemented or otherwise modified from time to time, the "Loan Agreement").
Sample 1
THE ORIGINAL BORROWERS the Additional Borrower and the Guarantor each acknowledge and agree that the remaining outstanding principal balance of the Substitute Note as of the date hereof is $6,500,000.02 and that said sum is absolutely and unconditionally owing from them to the Bank. The Original Borrowers, the Additional Borrower and the Guarantor further acknowledge and agree that neither they, nor any of them, have any defense or claim of set off against payment of the indebtedness evidenced by the Substitute Note.
Sample 1
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THE ORIGINAL BORROWERS. (a) A copy of each Original Borrower’s constitutional documents.
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THE ORIGINAL BORROWERS. LUXOTTICA GROUP S.p.A. by: XXXXXX XXXXXXXXX Address: XXX XXXXX, 2, 20123, MILAN, ITALY Fax: +00 00 00000000 / +00 00 000000 Attention: XXXXXX XXXXXXXXX / XXXX XXXXXXXXXXXX LUXOTTICA U.S. HOLDINGS CORP. by: XXXXXX XXXXXXXXX Address: 00, XXXXXXX XXXX XXXXX, XXXX XXXXXXXXXX, XXX XXXX, 00000, XXX Fax: + 0 000 0000000 / + 1 516 4849010 / + 1 516 9183151 Attention: XXXX XXXXXXXX / XXXXXXX XXXXX / XXX XXXXX THE ORIGINAL GUARANTORS LUXOTTICA GROUP S.p.A. by: XXXXXX XXXXXXXXX Address: XXX XXXXX, 2, 20123, MILAN, ITALY Fax: +00 00 00000000 / +00 00 000000 Attention: XXXXXX XXXXXXXXX / XXXX XXXXXXXXXXXX LUXOTTICA U.S. HOLDINGS CORP. by: XXXXXX XXXXXXXXX Address: 00, XXXXXXX XXXX XXXXX, XXXX XXXXXXXXXX, XXX XXXX, 00000, XXX Fax: + 0 000 0000000 / + 1 516 4849010 / + 1 516 9183151 Attention: XXXX XXXXXXXX / XXXXXXX XXXXX / XXX XXXXX LUXOTTICA S.r.l. by: XXXXXX XXXXXXXXX Address: XXX XXXXX, 2, 20123, MILAN, ITALY 105 Fax: +00 00 00000000 / +00 00 000000 Attention: XXXXXX XXXXXXXXX / XXXX XXXXXXXXXXXX THE AGENTS UNICREDITO ITALIANO S.p.A., NEW YORK BRANCH by: XXXXXXX XXXXXXXX Address: 000 XXXX XXXXXX 0xx XXXXX, XXX XXXX, XX 00000, XXXXXX XXXXXX OF AMERICA Fax.: 00 0 000 0000000 Attention: XXXXXX XXXXX XXXXX / XXXXXXX XXXXX (CREDIT DEPT) - XXXXXX XXXXXX (LOAN ADMINISTRATION DEPT) UNICREDIT BANCA D’IMPRESA S.p.A. by: XXXXX XXXXX Address: PRESIDIO TERRITORIALE POOL LOMBARDIA 6606, XXXXX XXXXX 00, 00000, XXXXX, XXXXX Fax: +00 00 0000 0000 Attention: XXX XXXXXXX XXXXXXX THE MANDATED LEAD ARRANGERS ABN AMRO BANK N.V. by: XXXXXXX XXXXXXXX Address: Fax: Attention: BANCA INTESA S.p.A. by: XXXXXXX XXXXXXXX Address: Fax: Attention: 000 XXXX XX XXXXXXX SECURITIES LIMITED by: XXXXXXX XXXXX Address: Fax: Attention: CITIGROUP GLOBAL MARKETS LIMITED by: XXX XXXXXXXX Address: Fax: Attention: HSBC BANK PLC by: XXXX XXXXX Address: Fax: Attention: MEDIOBANCA - BANCA DI CREDITO FINANZIARIO S.p.A. by: XXXXXXX XXXXXXXX Address: Fax: Attention: THE ROYAL BANK OF SCOTLAND PLC by: XXXXXXX XXXXXXXX Address: Fax: Attention: 107 UNICREDIT BANCA MOBILIARE S.p.A. by: XXXXXXX XXXXXXXX Address: Fax: THE ORIGINAL LENDERS ABN AMRO BANK N.V., MILAN BRANCH by: XXXXXXX XXXXXXXX Address: Fax: Attention: ABN AMRO BANK N.V. Facility Office for US Borrower: by: XXXXXXX XXXXXXXX Address: Fax: Attention: BANCA INTESA S.p.A. Facility Office for US Borrower: by: XXXXXXX XXXXXXXX Address: Fax: Attention: 000 XXXX XX XXXXXXX, X.X., XXXXX XXXXXX by: XXXXXXX XXXXX Address: Fax: Attention: BANK OF AMERICA, N.A. Facility ...
Sample 1

Related to THE ORIGINAL BORROWERS

  • Additional Borrowers Upon 30 days’ prior notice to the Administrative Agent (or such shorter period of time to which the Administrative Agent may agree) and subject to the written consent of the Revolving Lenders, which consent of each Revolving Lender shall not be unreasonably withheld (it being understood that a Revolving Lender shall be deemed to have acted reasonably in withholding its consent if (i) it is unlawful for such Revolving Lender to make Revolving Loans under this Agreement to the proposed additional Borrower, (ii) if such Revolving Lender cannot or has not determined that it is lawful to do so, (iii) the making of a Revolving Loan to the proposed additional Borrower might subject such Lender to adverse tax consequences, (iv) such Lender is required or has determined that it is prudent to register or file in the jurisdiction of formation or organization of the proposed additional Borrower and it does not wish to do so or (v) such Lender is restricted by operational or administrative procedures or other applicable internal policies from extending credit under this Agreement to Persons in the jurisdiction in which the proposed additional Borrower is located), the Borrower may designate one or more Guarantors to be additional joint and several direct borrowers hereunder by written request to the Administrative Agent accompanied by (a) an executed Assumption Agreement and appropriate Notes (to the extent requested by any Lender) executed by the designated Guarantor and the Borrower, (b) a certificate of good standing of the designated Guarantor in the jurisdiction of its incorporation or organization, (c) certified resolutions of such Guarantor’s board of directors or other governing body authorizing the execution and delivery of the Assumption Agreement and such Notes, (d) a written consent to the Assumption Agreement executed by each Guarantor, (e) appropriate written legal opinions reasonably requested by the Administrative Agent with respect to such new Borrower and the Assumption Agreement covering matters similar to those covered in the opinions delivered on the Closing Date and (f) such documentation and other evidence as is reasonably requested by the Administrative Agent or any Lender in order for the Administrative Agent or such Lender to carry out and be satisfied it has complied with the results of all necessary “know your customer” or other similar checks under the USA PATRIOT Act and under similar regulations and is not otherwise prohibited by Law from making Loans to such new Borrower. The Obligations of any additional borrower designated pursuant to this Section 2.19, in its capacity as a Borrower, may be limited as to amount as directed by the Borrower; provided, however, that any such limitation shall not reduce such Person’s obligations as a Guarantor of the Obligations, if applicable, unless required by a Gaming Authority. The Administrative Agent shall promptly notify the Lenders of such request, together with copies of such of the foregoing as any Lender may request, and upon receipt of the written consents of the Revolving Lenders and satisfaction of the conditions set forth above in this Section, the designated Guarantor shall become a Borrower hereunder.

  • Conditions Precedent to All Loans and Letter of Credit Accommodations Each of the following is an additional condition precedent to Lender making Loans and/or providing Letter of Credit Accommodations to Borrower, including the initial Loans and Letter of Credit Accommodations and any future Loans and Letter of Credit Accommodations:

  • Conditions Precedent to All Borrowings The obligation of each Lender to make an Advance on the occasion of each Borrowing and of the Issuing Lender to issue, increase, or extend any Letter of Credit shall be subject to the further conditions precedent that on the date of such Borrowing or the date of the issuance, increase, or extension of such Letter of Credit:

  • Conditions Precedent to All Advances and Letters of Credit The Lender’s obligation to make each Advance or to cause the issuance of a Letter of Credit shall be subject to the further conditions precedent that:

  • Conditions Precedent to Initial Loans and Letter of Credit Accommodations Each of the following is a condition precedent to Lender making the initial Loans and providing the initial Letter of Credit Accommodations hereunder:

  • Conditions Precedent to Loans and Letters of Credit 57 Section 3.1. Conditions to Effectiveness 57 Section 3.2. Conditions to Each Credit Event 60 Section 3.3. Delivery of Documents 60

  • Conditions Precedent to All Loans and Letters of Credit In addition to satisfaction or waiver of the conditions precedent contained in Section 6.1., the obligations of (i) the Lenders to make any Loans and (ii) the Issuing Banks to issue, extend or increase any Letters of Credit are each subject to the further conditions precedent that: (a) no Default or Event of Default shall exist as of the date of the making of such Loan or date of issuance, extension or increase of such Letter of Credit or would exist immediately after giving effect thereto, and no violation of the limits described in Section 2.16. would occur after giving effect thereto; (b) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall be true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of the making of such Loan or date of issuance, extension or increase of such Letter of Credit with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of such earlier date) and (c) in the case of the borrowing of Revolving Loans, the Administrative Agent shall have received a timely Notice of Borrowing, in the case of a Swingline Loan, the Swingline Lender shall have received a timely Notice of Swingline Borrowing, and in the case of the issuance, extension or increase of a Letter of Credit the applicable Issuing Bank and the Administrative Agent shall have received a timely request for the issuance, extension or increase of such Letter of Credit. Each Credit Event shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of the giving of notice relating to such Credit Event and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of such Credit Event, as of the date of the occurrence of such Credit Event). In addition, the Borrower shall be deemed to have represented to the Administrative Agent and the Lenders at the time any Loan is made or any Letter of Credit is issued, extended or increased that all conditions to the making of such Loan or issuing, extending or increasing of such Letter of Credit contained in this Article VI. have been satisfied. Unless set forth in writing to the contrary, the making of its initial Loan by a Lender shall constitute a certification by such Lender to the Administrative Agent for the benefit of the Administrative Agent and the Lenders that the conditions precedent for initial Loans set forth in Sections 6.1. and 6.2. that have not previously been waived by the Lenders in accordance with the terms of this Agreement have been satisfied.

  • Conditions Precedent to all Credit Extensions The obligation of Bank to make each Credit Extension, including the initial Credit Extension, is further subject to the following conditions:

  • Conditions Precedent to Each Loan and Letter of Credit The obligation of each Lender on any date (including the Closing Date) to make any Loan and of each Issuer on any date (including the Closing Date) to Issue any Letter of Credit is subject to the satisfaction of each of the following conditions precedent:

  • Additional Loan Parties (a) Notify the Agent promptly after any Person becomes a Subsidiary (other than any Excluded Subsidiary but including any Unrestricted Subsidiary being reclassified as a Restricted Subsidiary, and promptly thereafter (and in any event within fifteen (15) Business Days) if requested by the Agent, (i) cause any such Person to become a Co-Borrower or Guarantor, as applicable, by executing and delivering to the Agent a joinder agreement to this Agreement or a counterpart of the Guaranty or such other document as the Agent shall deem reasonably appropriate for such purpose, (ii) grant a perfected Lien to the Agent on such Person’s assets on the same types of assets which constitute Collateral under the Collateral Documents to secure the Obligations, and (iii) deliver to the Agent documents of the types referred to in clauses (ii) and (iii) of Section 4.3(a) and if requested by the Agent, favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to in clause (a)), and (b) if any Equity Interests or Indebtedness of such Person are owned by or on behalf of any Loan Party, to pledge such Equity Interests and promissory notes evidencing such Indebtedness, in each case in form, content and scope reasonably satisfactory to the Agent. In no event shall compliance with this Section 9.9 waive or be deemed a waiver or consent to any transaction giving rise to the need to comply with this Section 9.9 if such transaction was not otherwise expressly permitted by this Agreement or constitute or be deemed to constitute, with respect to any Subsidiary, an approval of such Person as a Borrower or Guarantor.

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