Common use of Creditors’ process and enforcement of Security Clause in Contracts

Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor or any Material Subsidiary which is reasonably likely to cause a Material Adverse Effect. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 days of commencement.

Appears in 2 contracts

Samples: Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv)

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Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor or any Material Subsidiary which is reasonably likely to cause a Material Adverse Effect. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 26.10 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 $50,000,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 days of commencement.

Appears in 2 contracts

Samples: Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)

Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor or any Material Subsidiary which is reasonably likely to cause a Material Adverse Effect. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 $50,000,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 days of commencement.

Appears in 2 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sa De Cv)

Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or the Borrower any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor the Borrower or any Material Subsidiary which is reasonably likely to cause a Material Adverse Effect. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 20.8 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 days of commencement.

Appears in 1 contract

Samples: Secured Bridge Facility Agreement (Cemex Sab De Cv)

Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor or any Material Subsidiary which is reasonably likely to cause a Material Adverse Effect. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 23.9 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 days of commencement.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

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Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor or any Material Subsidiary which is reasonably likely to cause a Material Adverse EffectSubsidiary. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 23.9 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 EUR 27,500,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 28 days of commencement.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

Creditors’ process and enforcement of Security. (a) Any Security is enforced against any Obligor or any Material Subsidiary. (b) Any attachment, distress or execution affects any asset or assets of any Obligor or any Material Subsidiary which is reasonably likely to cause a Material Adverse Effect. (c) No Event of Default under paragraphs (a) or (b) of this Clause 24.9 24.10 above will occur if: (i) the action is being contested in good faith by appropriate proceedings; (ii) the principal amount of the indebtedness secured by such Security or in respect of which such attachment, distress or execution is carried out represents less than US$75,000,000 $50,000,000 (or its equivalent in any other currency or currencies); and (iii) the enforcement proceedings, attachment, distress or execution is or are discharged within 60 days of commencement.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

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