Designation of Borrowers Sample Clauses

Designation of Borrowers. On or after the Closing Date, the Borrower Representative may, at any time and from time to time, designate any Subsidiary that is both a wholly owned Subsidiary and a Restricted Subsidiary as a “Borrower” by delivery to the Administrative Agent of a Borrower Joinder executed by such Subsidiary, each other Guarantor and the Borrower Representative; provided that:
Designation of Borrowers. (a) The Company may at any time, upon not less than 15 Business Daysnotice from the Company to the Administrative Agent (or such shorter period as may be agreed by the Administrative Agent in its sole discretion), designate any consolidated Subsidiary of the Company that is organized in a Designated Borrower Jurisdiction and that is engaged in a line of business that is substantially similar to those lines of businesses conducted by the Company and its Subsidiaries on the date hereof (an “Applicant Borrower”) as a Designated Borrower to receive Loans hereunder by delivering to the Administrative Agent (which shall promptly deliver counterparts thereof to each Lender) a duly executed notice and agreement in substantially the form of Exhibit E-1 (a “Designated Borrower Request and Assumption Agreement”). The parties hereto acknowledge and agree that prior to any Applicant Borrower becoming entitled to utilize the credit facilities provided for herein the Administrative Agent and the Lenders shall have received such “know your customer” information, supporting resolutions, incumbency certificates, opinions of counsel and other documents or information, in form, content and scope reasonably satisfactory to the Administrative Agent, as may be required by the Administrative Agent or the Required Lenders (or in the case of “know your customer” information, each Lender) in their sole discretion, including, without limitation, with respect to an Applicant Borrower that is organized under the laws of Germany, evidence satisfactory to the Administrative Agent that such Applicant Borrower (i) is an entity incorporated under the laws of the Federal Republic of Germany as a limited liability company (Gesellschaft mit beschränkter Haftung) and (ii) satisfies asset, revenue, and minimum employee tests required under the laws of Germany to permit a U.S. Lender to lend to such Applicant Borrower and Notes signed by such new Borrowers to the extent any Lenders so require. If the Administrative Agent and the Required Lenders agree that an Applicant Borrower shall be entitled to receive Loans hereunder, then promptly following receipt of all such requested resolutions, incumbency certificates, opinions of counsel and other documents or information, the Administrative Agent shall send a notice in substantially the form of Exhibit E-2 (a “Designated Borrower Notice”) to the Company and the Lenders specifying the effective date upon which the Applicant Borrower shall constitute...
Designation of Borrowers. REPRESENTATIVE AS BORROWERS’ AGENT.
Designation of Borrowers. (a) The Borrower Agent may from time to time designate one or more Additional Borrowers organized in the United States, any state thereof, the District of Columbia, Luxembourg or Jersey, in each case for purposes of this Agreement, by delivering to the Administrative Agent:
Designation of Borrowers. (a) Notwithstanding anything to the contrary set forth herein (including Section 10.07 hereof) or in any other Loan Document, the Borrower may from time to time designate one or more Additional Borrowers organized or existing under the laws of the United States, any state thereof or the District of Columbia, for purposes of this Agreement by delivering to the Administrative Agent:
Designation of Borrowers. The Company may at any time, by delivery to the Agent of a Designation Letter duly executed by the Company and a wholly owned Subsidiary of the Company and substantially in the form of Exhibit E hereto, designate such Subsidiary as a Borrower for purposes of this Agreement and such Subsidiary shall thereupon become a Borrower for purposes of this Agreement and, as such, shall have all of the rights and obligations of a Borrower hereunder. The Agent shall promptly notify each Lender of such designation of any such subsidiary.
AutoNDA by SimpleDocs
Designation of Borrowers. 45 SECTION 9.09. Confidentiality.................................................................. 45 SECTION 9.10. Governing Law.................................................................... 45 SECTION 9.11. Execution in Counterparts........................................................ 45 SECTION 9.12. Judgment......................................................................... 45 SECTION 9.13. Jurisdiction, Etc................................................................ 46 SECTION 9.14. Substitution of Currency......................................................... 46
Designation of Borrowers. SECTION 9.09. Confidentiality SECTION 9.10. Governing Law SECTION 9.11. Execution in Counterparts SECTION 9.12. Judgment
Designation of Borrowers. TC "2.17 Designation of Borrowers. " \f c \l "2" \* MERGEFORMAT AUTONF D3_TC
Time is Money Join Law Insider Premium to draft better contracts faster.