Execution of the Loan Agreement. On or before the Closing Date, the Loan Agreement (the “Agreement”) between DVB Bank AG, as Lender (the “Lender”) and Kansas City Southern de México, S.A. de C.V. (the “Borrower”) shall be in full force and effect and shall be satisfactory in form and substance to the Lender, shall have been duly executed and delivered by the Lender and the Borrower (except that the execution and delivery of the Agreement by a party thereto shall not be a condition precedent to such party’s obligations hereunder), and executed counterparts of the Agreement shall have been delivered to Lender or its counsel on or before the Closing Date.
Execution of the Loan Agreement. The execution of this Loan Agreement by an Authorized Representative shall constitute conclusive evidence of such officers’ and the Board’s approval hereof, including any changes, insertions, revisions, corrections, or amendments as may have been made hereto.
Execution of the Loan Agreement. The Loan Agreement, effective as of March 1, 2022 (the “Loan Agreement”), between KDHE and the City has been duly executed and delivered in the name and on behalf of the City by the undersigned its duly authorized officers, pursuant to and in full compliance with the Ordinance; the copies of said document contained in the Transcript are true, complete and correct copies or counterparts of said document as executed and delivered by the City, and are in substantially the same form and text as the copies of such document which were before the governing body of the City and approved by the Ordinance; and said document has not been amended, modified or rescinded and remain in full force and effect as of the date hereof.
