Initial Canadian Borrower definition

Initial Canadian Borrower has the meaning assigned to such term in the preamble to this Agreement.
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Initial Canadian Borrower means Scotts Canada Ltd., a company organized under the laws of Canada.
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Initial Canadian Borrower such entity on Schedule 1 identified as the Initial Canadian Borrower.
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Examples of Initial Canadian Borrower in a sentence

  • To request any Borrowing of Bridge Loans, the Initial Canadian Borrower shall notify the Administrative Agent of such request by hand delivery or telecopy, a duly completed and executed Borrowing Request not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing.

  • The Initial Canadian Borrower will use the proceeds of Bridge Loans solely to finance, in part, the Acquisition and the Refinancing and to pay fees and expenses incurred in connection with the Transactions.

  • The Canadian Revolver Loans shall bear interest as set forth in Section 3.1. Each Canadian Revolver Loan shall, at the option of the Initial Canadian Borrower, be made or continued as, or converted into, part of one or more Borrowings that, unless specifically provided herein, shall consist entirely of Canadian Prime Rate Loans or Canadian BA Rate Loans if denominated in Canadian Dollars, or Canadian Base Rate Loans or LIBOR Loans if denominated in Dollars.

  • Each Canadian Swingline Loan shall be funded in Canadian Dollars or, at the option of the Initial Canadian Borrower, Dollars and repaid in the same currency as the underlying Canadian Swingline Loan was made.

  • The Initial Canadian Borrower may only incur Canadian Term Loans and U.S. Term I Loans on the Closing Date and the U.S. Borrower shall not incur any borrowings other than in accordance with Section 9.23.

  • MRC and the Initial Canadian Borrower shall pay such other fees as described in the Fee Letter.

  • Certain of the Initial U.S. Borrowers, the Initial Canadian Borrower, the Agent and the financial institutions named therein entered into that certain Loan, Security and Guarantee Agreement dated as of June 14, 2011 (the “Existing Loan Agreement”).

  • If, upon the expiration of any Interest Period in respect of any Canadian BA Rate Loans, Administrative Borrower shall have failed to deliver a Notice of Conversion/Continuation with respect thereto as required above, the Initial Canadian Borrower shall be deemed to have elected to convert such Loans into Canadian Prime Rate Loans.

  • Each Canadian Revolver Loan shall be funded in Canadian Dollars or, at the option of the Initial Canadian Borrower, Dollars and repaid in the same currency as the underlying Canadian Revolver Loan was made.

  • The Initial Canadian Borrower will use the proceeds of Canadian Term Loans and U.S. Term I Loans incurred on the Closing Date solely to finance, in part, the Acquisition and the Refinancing and to pay fees and expenses incurred in connection with the Transactions.


More Definitions of Initial Canadian Borrower

Initial Canadian Borrower has the meaning specified in the recital of parties to this Agreement.
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Initial Canadian Borrower is defined in the preamble.
Sample 1
Initial Canadian Borrower as defined in the preamble to this Agreement. Initial U.S. Borrowers: as defined in the preamble to this Agreement. Insolvency Proceeding: any case or proceeding, application, meeting convened, resolution passed, proposal, corporate action or any other proceeding commenced by or against a Person under any state, provincial, territorial, federal or foreign law for, or any agreement of such Person to, (a) the entry of an order for relief under the U.S. Bankruptcy Code, or any other steps being taken under any other insolvency, debtor relief, bankruptcy, receivership, debt adjustment law or other similar law (whether state, provincial, territorial, federal or foreign), including the Bankruptcy and Insolvency Act (Canada), the CCAA and the Winding-Up and Restructuring Act (Canada); (b) the appointment of a Creditor Representative or other custodian for such Person or any part of its Property; (c) an assignment or trust mortgage for the benefit of creditors; (d) the winding-up or strike off of the Person; (e) the proposal or implementation of a scheme or plan of arrangement or composition; and/or (f) a suspension of payment, moratorium of any debts, official assignment, composition or arrangement with a Person’s creditors.
Sample 1
Initial Canadian Borrower as defined in the preamble to this Agreement. Initial U.S. Borrowers: as defined in the preamble to this Agreement. Insolvency Proceeding: any case or proceeding or proposal commenced by or against a Person under any state, provincial, federal or foreign law for, or any agreement of such Person to, (a) the entry of an order for relief under the U.S. Bankruptcy Code, or any other insolvency, debtor relief, bankruptcy, receivership, debt adjustment law or other similar law (whether state, provincial, federal or foreign), including the Bankruptcy and Insolvency Act (Canada) and the CCAA; (b) the appointment of a Creditor Representative or other custodian for such Person or any part of its Property; or (c) an assignment or trust mortgage for the benefit of creditors.
Sample 1
Initial Canadian Borrower as defined in the preamble to this Agreement. Initial Dutch Borrowers: as defined in the preamble to this Agreement. Initial UK Borrowers: as defined in the preamble to this Agreement. Initial U.S. Borrowers: as defined in the preamble to this Agreement. Insolvency Proceeding: any case or proceeding, application, meeting convened, resolution passed, proposal, corporate action or any other proceeding commenced by or against a Person under any state, provincial, federal or foreign law for, or any agreement of such Person to, (a) the entry of an order for relief under the U.S. Bankruptcy Code, or any other insolvency, debtor relief, bankruptcy, receivership, debt adjustment law or other similar law (whether state, provincial, federal or foreign), including the Bankruptcy and Insolvency Act (Canada), the CCAA, the Singapore Companies Act, Chapter 50 and the Singapore Bankruptcy Act, Chapter 20, Bankruptcy Act 1966 (Cth), the Corporations Act 2001 (Cth), the Companies Act 1993 (New Zealand), the Belgian bankruptcy law of 8 August 1997 and the Belgian law on the continuity of enterprises of 31 January 2009; (b) the appointment of a Creditor Representative or other custodian for such Person or any part of its Property; (c) an assignment or trust mortgage for the benefit of creditors; (d) the winding up or strike off the Person; (e) the proposal or implementation of a scheme of arrangement; (f) a suspension of payment, moratorium of any debts, official assignment, composition or arrangement with a Person’s creditors; (g) in the case of an Australian Domiciled Loan Party, any writ of execution, garnishee order, notice under section 120 of the PPSA Australia, mareva injunction or similar order, attachment, distress or other process is made, levied or issued against it or its assets, or such other step is taken in relation to it being adjudicated or found unable to pay its debts when they fall due or it is (or states that it is) an insolvent under administration or insolvent (each as defined in the Corporations Act 2001 (Cth)); or (h) in the case of a UK Domiciled Loan Party, any corporate action, legal proceedings or other procedure commenced or other step taken (including the making of an application, the presentation of a petition, the filing or service of a notice or the passing of a resolution) in relation to (i) such UK Domiciled Loan Party being adjudicated or found insolvent, (ii) the suspension of payments, a moratorium of any indebtedness, winding-up, disso...
Sample 1

Related to Initial Canadian Borrower

  • Canadian Borrower as defined in the preamble hereto.

  • Canadian Borrowers has the meaning specified in the preamble to this Agreement.

  • Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • Canadian Borrowing Base means at any time an amount equal to the sum of the Dollar Equivalent of, without duplication:

  • Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Subsidiary Borrowers means, collectively (i) each Domestic Subsidiary of the Company that is a party to this Agreement as a “Borrower” on the Effective Date and (ii) each Domestic Subsidiary of the Company that becomes a party to this Agreement as a “Borrower” following the Effective Date pursuant to Section 5.14, in each case, until such time as such Domestic Subsidiary is released from its obligations under the Loan Documents in accordance with this Agreement.

  • U.S. Borrowers shall have the meaning provided in the first paragraph of this Agreement.

  • Canadian Borrowing means a borrowing consisting of simultaneous Canadian Loans of the same Type and, in the case of BA Equivalent Loans or LIBO Loans, having the same Interest Period made by each of the Canadian Lenders pursuant to Section 2.3.

  • Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.

  • Foreign Borrowers means the Canadian Borrower, the Dutch Borrower, and the U.K. Borrowers.

  • Canadian Loan Parties means Borrower and the Canadian Guarantors.

  • Canadian Credit Party means Borrower and each other Credit Party that (i) is organized under the laws of Canada or any province or territory thereof, (ii) carries on business in Canada, or (iii) has any title or interest in or to material property in Canada.

  • Canadian Swingline Lender means JPMorgan Chase Bank, N.A., Toronto Branch, in its capacity as lender of Canadian Swingline Loans hereunder.

  • Foreign Borrower has the meaning specified in the introductory paragraph hereto.

  • Foreign Borrowing Base means, as of any date, an amount equal to:

  • Canadian Lenders means the financial institutions listed on the signature pages of the Canadian Credit Agreement and their respective successors and assigns.

  • UK Borrowers shall have the meaning assigned to such term in the preamble hereto.

  • Domestic Borrowing Base means, at any time of calculation, an amount equal to:

  • Subsidiary Borrower mean each Subsidiary of the Company that shall become a Subsidiary Borrower pursuant to Section 2.19, so long as such Subsidiary shall remain a Subsidiary Borrower hereunder. As of the date hereof, there are no Subsidiary Borrowers party hereto.

  • Parent Borrower as defined in the preamble hereto.

  • Canadian Swingline Loan means any Loan made by the Canadian Swingline Lender pursuant to Section 2.12.

  • Initial Borrowing Date means the date occurring on or after the Effective Date on which the initial Borrowing of Loans occurs.

  • Canadian Loan Party means any Loan Party incorporated or otherwise organized under the laws of Canada or any province or territory thereof.

  • Dutch Borrower means any Borrower that is organized under the laws of the Netherlands.

  • U.S. Borrowing Base means, as of any date of determination, the result of: