Common use of Additional Borrowers Clause in Contracts

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 (“Know your customer” checks), the Parent may request that any of its Subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders approve the addition of that Subsidiary; (ii) the Parent delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 3 contracts

Samples: Credit Facility Agreement, Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)

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Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 (“Know your customer” checks), the Parent may request that any of its Subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders Lenders, acting reasonably, approve the addition of that Subsidiary; (ii) the Parent delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 2 contracts

Samples: Credit Facilities Agreement (Gold Fields LTD), Credit Facility Agreement (Gold Fields LTD)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs paragraph (c) and (d) of Clause 19.8 20.5 (“Know your customer” checks), the Parent Company may request that any of its Subsidiaries become UK Finance Subsidiary and/or US Finance Subsidiary becomes an Additional BorrowerBorrower (Vertragsbeitritt). That Subsidiary shall become an Additional Borrower if: (i) all the Lenders approve the addition of that Subsidiary; (ii) the Parent Company delivers to the Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Parent Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iviii) the Agent has received all of the documents and other evidence listed in Part II (a) (Conditions Precedent required to be delivered by an Additional Borrower) of Schedule 2 (Conditions precedentPrecedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II (a) of Schedule 2 (Conditions precedentPrecedent).

Appears in 2 contracts

Samples: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 19.7 (“Know your customer” checks), the Parent Company may request that any of its wholly owned Subsidiaries become becomes an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders approve the addition of that Subsidiary; (ii) the Parent Company delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 2 contracts

Samples: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom Inc)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 (“Know your customer” checks), the Parent may request that any of its wholly owned Subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders approve the addition of that Subsidiary; (ii) the Parent delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 (“Know your customer” checks), the Parent The Company may request that any of its wholly owned Subsidiaries become becomes an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) in the case only of a Subsidiary which is not incorporated in the United Kingdom or the United States of America, all the Lenders approve the addition of that Subsidiary; (ii) the Parent Company delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 1 contract

Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 20.8 ("Know your customer" checks), the Parent may request that any of its Subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: : (i) either: (A) that Subsidiary is a wholly-owned Subsidiary incorporated in the same jurisdiction as an existing Borrower; or (B) all the Lenders Lenders, acting reasonably, approve the addition of that Subsidiary; ; (ii) the Parent delivers to the Agent a duly completed and executed Accession Letter; ; (iii) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedentPrecedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 1 contract

Samples: Credit Facility Agreement (Gold Fields LTD)

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Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 20.8 (“Know your customer” checks), the Parent may request that any of its wholly owned Subsidiaries become becomes an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders approve the addition of that Subsidiary; (ii) the Parent delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 23.6 (“Know your customer” checks), the Parent may request that any of its wholly owned Subsidiaries become becomes an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders participating in the relevant Facility approve the addition of that Subsidiary, except where that Subsidiary is incorporated in the Republic of Finland or in Germany; (ii) the Parent delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Appears in 1 contract

Samples: Facility Agreement (Rockwood Holdings, Inc.)

Additional Borrowers. (a) Subject to compliance with the provisions of paragraphs (c) and (d) of Clause 19.8 22.7 (“Know your customer” checks), the Parent may request that any of its wholly owned Subsidiaries become becomes an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders Banks approve the addition of that Subsidiary; (ii) the Parent Subsidiary delivers to the Agent a duly completed and executed Accession Letter; (iii) the Parent confirms that no Event of Default is continuing outstanding or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iv) the Agent has received all of the documents and other evidence listed in Part II 2 of Schedule 2 (Conditions precedentPrecedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Parent Company and the Lenders Banks promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II 2 of Schedule 2 (Conditions precedentPrecedent).

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Guarantee Facility Agreement (Subsea 7 S.A.)

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