Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. Schedule 1 Schedule 2 Schedule 3 Schedule 4 Amendments to the Original Credit Agreement With effect on and from the Effective Date the Original Credit Agreement shall be, and shall be deemed by this Agreement to be, amended as follows:
1 In Section 1 (Definitions and Accounting Terms), the following definitions shall be added in alphabetical order:
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. Schedule 1 The Lenders Schedule 2 Conditions precedent to Effective Date Schedule 3 Form of Effective Date Notice Schedule 4 Form of Amended and Restated Credit Agreement SECTION 1. Definitions and Accounting Terms 1 1.01 Defined Terms 1 SECTION 2. Amount and Terms of Credit Facility 39 2.01 The Commitments 39
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. Schedule 1 The Lenders 8 Schedule 2 Conditions precedent to Effective Date 9 Schedule 3 Form of Effective Date Notice 10 Schedule 4 Form of Amended and Restated Credit Agreement 11 SECTION 1 Definitions and Accounting Terms. 1 1.01 Defined Terms. 1 SECTION 2 Amount and Terms of Credit Facility. 37
2.01 The Commitments. 37
2.02 Amount and Timing of Each Borrowing; Currency of Disbursements. 37 2.03 Notice of Borrowing. 39 2.04 Disbursement of Funds. 39
2.05 Pro Rata Borrowings. 40 2.06 Interest. 40 2.07 Election of Floating Rate. 44 2.08 Floating Rate Interest Periods. 44 2.09 Increased Costs, Illegality, Market Disruption, etc. 45 2.10 Indemnification; Breakage Costs. 48
2.11 Change of Lending Office; Limitation on Additional Amounts. 49 2.12 Replacement of Lenders. 50
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. Skandinaviska Enskilda Xxxxxx XX (publ)
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes.
SECTION 1. Definitions and Accounting Terms 1 1.01 Defined Terms 1
SECTION 2. Amount and Terms of Credit Facility 40
2.01 The Commitments 40 2.02 Amount and Timing of Each Borrowing; Currency of Disbursements 40 2.03 Notice of Borrowing 42 2.04 Disbursement of Funds 42 2.05 Pro Rata Borrowings 43 2.06 Interest 43 2.07 Election of Floating Rate 45 2.08 Floating Rate Interest Periods 45 2.09 Increased Costs, Illegality, Market Disruption, etc. 46 2.10 Indemnification; Breakage Costs 49 2.11 Change of Lending Office; Limitation on Additional Amounts 49 2.12 Replacement of Lenders 50 2.13 Disruption to Payment Systems, Etc 51
SECTION 3. Commitment Commission; Fees; Reductions of Commitment 52 3.01 Commitment Commission 52 3.02 CIRR Fees. 52 3.03 Other Fees. 52 3.04 Voluntary Reduction or Termination of Commitments 52 3.05 Mandatory Reduction of Commitments 53
SECTION 4. Prepayments; Repayments; Taxes 53 4.01 Voluntary Prepayments 53 4.02 Mandatory Repayments and Commitment Reductions 54 4.03 Method and Place of Payment 58 4.04 Net Payments; Taxes 58 4.05 Application of Proceeds 59 SECTION 5. Conditions Precedent to the Initial Borrowing Date 63 5.01 Effective Date 63 5.02 [Intentionally Omitted] 63 5.03 Corporate Documents; Proceedings; etc. 63 5.04 Know Your Customer 63 5.05 Construction Contract and Other Material Agreements 63 5.06 Share Charge 63 5.07 Assignment of Contracts 63 5.08 [Intentionally Omitted] 64 5.09 Process Agent. 64 5.10 Opinions of Counsel 64 5.11 KfW Refinancing. 65 5.12 Equity Payment 65 5.13 Financing Statements 65 5.14 Security Trust Deed 66 5.15 Hermes Cover 66
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) of the Loan Agreement shall apply to this Deed as if the same were expressly stated herein with all necessary changes.
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) of the Credit Agreement shall apply to this Deed as if the same were expressly stated herein with all necessary changes.
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. Page SECTION 1. Definitions and Accounting Terms. 7 1.01 Defined Terms. 7 SECTION 2. Amount and Terms of Credit Facility. 41 2.01 The Commitments. 41 2.02 Amount and Timing of Each Borrowing; Currency of Disbursements. 41 2.03 Notice of Borrowing. 43 2.04 Disbursement of Funds. 44 2.05 Pro Rata Borrowings. 44 2.06 Interest. 45 2.07 Election of Floating Rate. 46 2.08 Floating Rate Interest Periods. 46 2.09 Increased Costs, Illegality, Market Disruption, etc. 47 2.10 Indemnification; Breakage Costs. 50 2.11 Change of Lending Office; Limitation on Additional Amounts. 50 2.12 Replacement of Lenders 51 2.13 Disruption to Payment Systems, Etc. 52 SECTION 3. Commitment Commission; Fees; Reductions of Commitment. 53 3.01 Commitment Commission. 53 3.02 CIRR Fees. 53 3.03 Other Fees. 53 3.04 Voluntary Reduction or Termination of Commitments. 54
Exclusive jurisdiction and service of process. Any suit, action or proceeding brought by any party hereto seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Amendment or the transactions contemplated hereby shall be brought in any court located in the County of Wilmington, Delaware, or the United States of America for the District of Delaware. Each party hereto hereby submits to the exclusive jurisdiction of any such court located in the County of Wilmington, Delaware, or the United States of America for the District of Delaware having subject matter jurisdiction in any suit, action or proceeding brought by any other party hereto seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Amendment or the transactions contemplated hereby. Each party hereto hereby irrevocably waives, to the fullest extent permitted by Law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party hereto anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party hereto hereby agrees that service of process on such party in accordance with the provisions of this Section 9 in respect of any such suit, action or proceeding shall be deemed effective service of process on such party.
