Common use of CoBank Equity and Securities Clause in Contracts

CoBank Equity and Securities. (a) So long as CoBank (or its affiliates) is a Lender hereunder, the Borrower shall (a) maintain its status as an entity eligible to borrow from CoBank (or its affiliates) and (b) acquire equity in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of equity that the Borrower may be required to purchase in CoBank in connection with the Loans made by CoBank (or its affiliates) may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The Borrower acknowledges receipt of a copy of (i) CoBank’s most recent annual report, and if more recent, CoBank’s latest quarterly report, (ii) CoBank’s Notice to Prospective Stockholders and (iii) CoBank’s Bylaws and Capital Plan, which describe the nature of all of the CoBank Equities as well as capitalization requirements, and agrees to be bound by the terms thereof.

Appears in 3 contracts

Samples: Credit Agreement (Nuvera Communications, Inc.), Credit Agreement (ATN International, Inc.), Credit Agreement (Nuvera Communications, Inc.)

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CoBank Equity and Securities. (a) So long as CoBank (or its affiliatesaffiliate) is a Lender hereunder, the Borrower shall (a) maintain its status as an entity eligible to borrow from CoBank (or its affiliatesaffiliate) and (b) acquire equity in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws bylaws and Capital Plan capital plan (as each may be amended from time to time), except that the maximum amount of equity that the Borrower may be required to purchase in CoBank in connection with the Loans made by CoBank (or its affiliatesaffiliate) may not exceed the maximum amount permitted by the Bylaws bylaws and the Capital Plan capital plan at the time this Credit Agreement is entered into. The Borrower acknowledges receipt of a copy of (i) CoBank’s most recent annual report, and if more recent, CoBank’s latest quarterly report, (ii) CoBank’s Notice to Prospective Stockholders and (iii) CoBank’s Bylaws bylaws and Capital Plancapital plan, which describe the nature of all of the CoBank Equities as well as capitalization requirements, and agrees to be bound by the terms thereof.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

CoBank Equity and Securities. (a) So long as CoBank (or its affiliates) is a Lender hereunder, the Borrower shall (ai) maintain its status as an entity eligible to borrow from CoBank (or its affiliates) and (bii) acquire equity in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of equity that the Borrower may be required to purchase in CoBank in connection with the Loans made by CoBank (or its affiliates) may not exceed the maximum amount permitted by the CoBank’s Bylaws and the Capital Plan at as of the time this Agreement is entered intoFirst Amendment Effective Date. The Borrower acknowledges receipt of a copy of (iA) CoBank’s most recent annual report, and if more recent, CoBank’s latest quarterly report, (iiB) CoBank’s Notice to Prospective Stockholders and (iiiC) CoBank’s Bylaws and Capital Plan, which describe the nature of all of the CoBank Equities as well as capitalization requirements, and agrees to be bound by the terms thereof.

Appears in 1 contract

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/)

CoBank Equity and Securities. (a) So long as CoBank (or its affiliatesaffiliate) is a Lender hereunder, the Borrower Borrowers shall (a) maintain its their status as an entity entities eligible to borrow from CoBank (or its affiliatesaffiliate) and (b) acquire equity in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of equity that the Borrower Borrowers may be required to purchase in CoBank in connection with the Loans made by CoBank (or its affiliatesaffiliate) may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The Borrower acknowledges Borrowers acknowledge receipt of a copy of (i) CoBank’s most recent annual report, and if more recent, CoBank’s latest quarterly report, (ii) CoBank’s Notice to Prospective Stockholders and (iii) CoBank’s Bylaws and Capital Plan, which describe the nature of all of the CoBank Equities as well as capitalization requirements, and agrees to be bound by the terms thereof.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Domtar CORP)

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CoBank Equity and Securities. (a) So long as CoBank (or its affiliates) is a Lender hereunder, the Borrower shall (a) maintain its status as an entity eligible to borrow from CoBank (or its affiliates) and (b) acquire equity in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of equity that the Borrower may be required to purchase in CoBank in connection with the Loans made by CoBank (or its affiliates) may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The Borrower acknowledges receipt of a copy of (i) CoBank’s most recent annual report, and if more recent, CoBank’s latest quarterly report, (ii) CoBank’s Notice to Prospective Stockholders and (iii) CoBank’s Bylaws and Capital Plan, which describe the nature of all of the CoBank Equities as well as capitalization requirements, and agrees to be bound by the terms thereof.

Appears in 1 contract

Samples: Credit Agreement (Nuvera Communications, Inc.)

CoBank Equity and Securities. (a) So long as CoBank (or its affiliatesaffiliate) is a Lender hereunder, the Borrower Company shall (ai) maintain its status as an entity eligible to borrow from CoBank (or its affiliates) and (bii) acquire equity in CoBank in such amounts and at such times as CoBank may require in accordance with CoBank’s Bylaws and Capital Plan (as each may be amended from time to time), except that the maximum amount of equity that the Borrower Company may be required to purchase in CoBank in connection with the Loans made by CoBank (or its affiliatesaffiliate) may not exceed the maximum amount permitted by the Bylaws and the Capital Plan at the time this Agreement is entered into. The Borrower Company acknowledges receipt of a copy of (iA) CoBank’s most recent annual report, and if more recent, CoBank’s latest quarterly report, (iiB) CoBank’s Notice to Prospective Stockholders and (iiiC) CoBank’s Bylaws and Capital PlanPlan as in effect as of the date hereof (accurate and complete copies of which, the Administrative Agent hereby represents and warrants, have been delivered by the Administrative Agent to the Company on or prior to the date hereof), which describe the nature of all of the CoBank Equities as well as capitalization requirements, and agrees to be bound by the terms thereof.

Appears in 1 contract

Samples: Term Loan Agreement (Tyson Foods, Inc.)

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