Common use of Determination of Balance Due Upon Enforcement Before Spanish Courts Clause in Contracts

Determination of Balance Due Upon Enforcement Before Spanish Courts. (i) In the event of enforcement of a Note Document before the Spanish courts, the Agent (on behalf of the Purchasers) shall settle the credit accounts referred to above in this Section 22.11. It is expressly agreed for purposes of enforceability via judicial or out-of-court methods pursuant to Spanish Law that the balance due from the accounts referred to in this Section 22.11 resulting from the certificate issued for such purpose by the Agent shall be deemed a liquid, due and payable amount enforceable against a Note Party, provided that it is evidenced in a notarial document that the settlement was made in the form agreed to by the parties in the enforceable instrument documenting this Agreement (título ejecutivo) and that the balance due matches with the balance that appears in the corresponding open account of the Purchaser or holder of a Note in connection with the relevant Note Document.

Appears in 3 contracts

Samples: Note Issuance Facility Agreement (Atlantica Sustainable Infrastructure PLC), Agreement (Atlantica Yield PLC), Agreement (Atlantica Yield PLC)

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Determination of Balance Due Upon Enforcement Before Spanish Courts. (i) In the event of enforcement of a Note Loan Document before the Spanish courts, the Administrative Agent (on behalf of the PurchasersSecured Parties) shall settle the credit accounts referred to above in this Section 22.1111.16. It is expressly agreed for purposes of enforceability via judicial or out-of-court methods pursuant to Spanish Law that the balance due from the accounts referred to in this Section 22.11 11.16 resulting from the certificate issued for such purpose by the Administrative Agent shall be deemed a liquid, due and payable amount enforceable against a Note Loan Party, provided that it is evidenced in a notarial document that the settlement was made in the form agreed to by the parties in the enforceable instrument documenting this Agreement (título ejecutivo) and that the balance due matches with the balance that appears in the corresponding open account of the Purchaser or holder of a Note Secured Party in connection with to the relevant Note Loan Document.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Yield PLC)

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Determination of Balance Due Upon Enforcement Before Spanish Courts. (i) In the event of enforcement of a Note Document before the Spanish courts, the Agent (on behalf of the PurchasersSecured Parties) shall settle the credit accounts referred to above in this Section 22.11. It is expressly agreed for purposes of enforceability via judicial or out-of-court methods pursuant to Spanish Law that the balance due from the accounts referred to in this Section 22.11 resulting from the certificate issued for such purpose by the Agent shall be deemed a liquid, due and payable amount enforceable against a Note Party, provided that it is evidenced in a notarial document that the settlement was made in the form agreed to by the parties in the enforceable instrument documenting this Agreement (título ejecutivo) and that the balance due matches with the balance that appears in the corresponding open account of the Purchaser or holder of a Note Secured Party in connection with the relevant Note Document.

Appears in 1 contract

Samples: Facility Agreement (Atlantica Yield PLC)

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