Bank and other borrowings. (1) The total amount borrowed by the Company (as determined in accordance with the provisions of the relevant instrument) does not exceed any limitation on its borrowing powers contained in its articles of association, or in any debenture or other deed or document binding upon it.
(2) The Company has not received notice (whether formal or informal) from any lenders of money to it, requiring repayment or intimating the enforcement of any security the lender may hold over any of its assets, and there are no circumstances likely to give rise to any such notice.
(3) There are no loans made to the Company outstanding except as shown in the Management Accounts.
(4) The Company has not factored any of its debts or engaged in any financing of a type which would not require to be shown or reflected in its accounts.
(5) The Company has no outstanding mortgages, charges, debentures or other loan capital or bank overdrafts, loans or other similar indebtedness, financial facilities, finance leases or hire purchase commitments or any guarantees or other material contingent liabilities.
(6) No material outstanding indebtedness of the Company has become payable by reason of default by the Company and no event of default has occurred or is pending which with the lapse of time or the fulfilment of any condition or the giving of notice may result in any such indebtedness becoming so payable prior to maturity.
Bank and other borrowings. (a) Details of Group’s bank overdraft and loan facilities were disclosed to the Purchaser in the Data Room.
(b) The amounts borrowed by each Group Company (as determined in accordance with the provisions of the relevant instrument) do not exceed any limitation on borrowings contained in it Articles of Association or in any debenture or other deed or document.
Bank and other borrowings. (a) The Target has no borrowings or other indebtedness.
(b) The Target has no outstanding loan capital, nor has it agreed to create or issue any such loan capital.
(c) The Target has not factored any of its debts, or engaged in financing of a type which would not require to be shown or reflected in the Last Accounts, or borrowed any money which it has not repaid, save for borrowings not exceeding the amounts shown in the Last Accounts.
(d) Since the Last Accounts Date, the Target has not repaid or become liable to repay any loan or indebtedness in advance of its stated maturity.
Bank and other borrowings. 4.3.1 Full details of all limits on each Group Company's bank overdraft facilities are accurately set out in the Disclosure Letter.
4.3.2 The total amount borrowed by each Group Company from each of its bankers does not exceed its respective overdraft facilities.
4.3.3 The total amount borrowed by each Group Company (as determined under the relevant instrument) does not exceed any limitation on its borrowing powers contained in its articles of association, or in any debenture or other relevant document.
4.3.4 No Group Company has outstanding, or has agreed to create or issue, any loan capital; nor has it factored any of its debts, or engaged in financing of a type which would not require to be shown or reflected in the Last Accounts, or borrowed any money which it has not repaid, save for borrowings not exceeding the amounts shown in the Last Accounts.
4.3.5 No Group Company has since the Last Accounts Date repaid or become liable to repay any loan or indebtedness in advance of its stated maturity.
4.3.6 No Group Company has received notice (whether formal or informal) from any lenders of money, requiring repayment or intimating the enforcement of any security; and there are no circumstances likely to give rise to any such notice.
Bank and other borrowings. 7.4.1 Full details of all limits on the Company's bank overdraft and other borrowing facilities together with true, complete and accurate copies of all letters of credit, guarantees and other financial instruments issued on behalf of or for the benefit of the Company and which remain in force are contained in the Disclosure Letter.
7.4.2 The total amount borrowed by the Company does not exceed any limitation on its borrowing contained in its Memorandum or Articles of Association or in any other document which it is a party and the amount borrowed from its bankers does not exceed its overdraft facilities (if any).
7.4.3 No overdraft or other financial facilities of the Company are dependent upon a guarantee of, or a security provided by, the Vendors or any third party.
7.4.4 The Company does not have outstanding and has not agreed to create or issue any loan capital; nor has it factored or discounted any of its debts (or agreed to do so), or been engaged in financing of a type which would not require to be shown or reflected in the Accounts; or borrowed any money which it has not repaid (save for borrowings not exceeding the amounts shown in the Accounts).
7.4.5 The Company has not since the Balance Sheet Date, repaid, or become liable to repay, any loan or indebtedness in advance of its stated maturity.
7.4.6 Neither the acquisition of the Shares by the Purchaser nor the compliance of any terms of this agreement will entitle (and no other Event has occurred which would entitle) any third party (with or without the giving of notice) to call for the repayment of any indebtedness of the Company prior to its normal maturity date.
Bank and other borrowings. (A) The Group Companies have made no bank borrowings other than those as shown in the Accounts.
(B) The Group Companies has no outstanding mortgages, charges, debentures or other loan capital or bank overdrafts, bank or other borrowings, loans or other indebtedness, financial facilities, finance leases or hire purchase commitments or any guarantees or other contingent liabilities other than those as shown in the Accounts.
(C) No material outstanding indebtedness of any member of the Group Companies has become payable by reason of default by any member of the Group Companies and no event of default has occurred or is pending which with the lapse of time or the fulfillment of any condition or the giving of notice may result in any such indebtedness becoming so payable prior to maturity.
Bank and other borrowings. (A) The Group has not made any bank borrowings other than those as shown in the Accounts.
(B) The Group has no outstanding mortgages, charges, debentures or other loan capital or bank overdrafts, bank or other borrowings, loans or other indebtedness, financial facilities, finance leases or hire purchase commitments or any guarantees or other contingent liabilities other than those as shown in the Accounts.
(C) No material outstanding indebtedness of the PRC Operating Vehicles have become payable by reason of default by the PRC Operating Vehicles and no event of default has occurred or is pending which with the lapse of time or the fulfillment of any condition or the giving of notice may result in any such indebtedness becoming so payable prior to maturity.
Bank and other borrowings. (A) The NZR Group Companies have made no bank or any other borrowings other than those as shown in the NZR Accounts.
(B) The NZR Group Companies have no outstanding mortgages, charges, debentures or other loan capital or bank overdrafts, bank or other borrowings, loans or other indebtedness, financial facilities, finance leases or hire purchase commitments or any guarantees or other contingent liabilities other than those as shown in the NZR Accounts.
(C) No material outstanding indebtedness of any member of the NZR Group Companies has become payable by reason of default by any member of the NZR Group Companies and no event of default has occurred or is pending which with the lapse of time or the fulfillment of any condition or the giving of notice may result in any such indebtedness becoming so payable prior to maturity.
Bank and other borrowings. (a) Details of all bank overdraft and other facilities available to the Company are set out in the Disclosure Letter.
(b) The total amount borrowed by the Company (as determined in accordance with the provisions of the relevant instruments) does not exceed any limitations on its borrowing powers contained in its Articles of Association or in any debenture or other deed or document binding upon it.
(c) The Company has no outstanding loan capital, nor has it agreed to create or issue any such loan capital.
(d) The Company has not factored any of its debts.
(e) Since the Last Accounts Date, the Company has not become liable to repay any loan or indebtedness in advance of its stated maturity.
(f) The Company has not received written notice from any lenders of money to it, requiring repayment or intimating the enforcement of any security any such lender may hold over any of its assets and the Vendors are not aware of any circumstances which are likely to give rise to the same.
Bank and other borrowings. (a) Full details of the Company's bank facilities are set out in the Disclosure Letter.
(b) The total amount borrowed by the Company from each of its bankers does not exceed its respective overdraft facilities.
(c) The total amount borrowed by the Company (as determined in accordance with the provisions of the relevant instruments) does not exceed any limitations on its borrowing powers contained in its Articles of Association or in any debenture or other deed or document binding upon it.
(d) The Company has not outstanding, nor has it agreed to create or issue, any loan capital; the Company has not factored any of its debts or engaged in financing of a type which would not require to be shown or reflected in the Last Accounts, or borrowed any money which it has not repaid, save for borrowings not exceeding the amounts shown in the Last Accounts.
(e) The Company has not since the Last Accounts Date repaid or become liable to repay any loan or indebtedness in advance of its stated maturity.
(f) The Company has not received notice (whether formal or informal) from any lenders of money to it, requiring repayment or intimating the enforcement of any security the lender may hold over any of its assets; and there are no circumstances likely to give rise to any such notice.
