Executive Proceedings. (a) At the discretion of the holders of the Notes, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized in a Spanish public document (escritura pública), so that it has the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 of the Civil Procedural Law. (b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal amount outstanding under all Notes issued hereunder together with all accrued interest and Make-Whole Amount, if any, on such Notes. For the purposes of Articles 571 et seq. of the Civil Procedural Law, the Obligors and the holders of the Notes expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law. (c) For the purposes of Articles 571 et seq. of the Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes that the determination of the debt to be claimed through the executive proceedings shall be effected by the holders of the Notes by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (b) above. By virtue of the foregoing, to exercise executive action by the holders of the Notes it will be sufficient to deliver (i) an original notarial first or authentic copy of this Agreement, (ii) the notarial document (acta notarial) which incorporates the certificate issued by the holders of the Notes of the amount due by any Spanish Obligor including an excerpt of the credits and debits, including the interest applied, which appear in the relevant account(s) referred to in paragraph (b) above, evidencing that the determination of the amounts due and payable by the Spanish Obligor has been calculated as agreed in this Agreement and that such amounts coincide with the balance of such accounts, and (iii) a notarial document (acta notarial) evidencing that the Obligors have been served notice of the amount that is due and payable. (d) The amount of the balances so established shall be notified to the Obligors in an attestable manner at least three days in advance of exercising the executive action set out in paragraph (c) above. (e) The Spanish Obligors hereby expressly authorize the holders of the Notes to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of article 517, paragraph 2, number 4 of the Civil Procedural Law. The cost of such certificates and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase Agreement
Appears in 2 contracts
Samples: Note Purchase Agreement (UTi WORLDWIDE INC), Note Purchase Agreement (UTi WORLDWIDE INC)
Executive Proceedings. (a) At Each Senior Finance Document and any amendments thereto, shall, at the discretion of the holders of the NotesFacility Agent, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized formalised in a Spanish public document (escritura pública)Public Document, so that it has may have the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 Articles 517 et seq. of the Spanish Civil Procedural LawLaw and other related provision.
(b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal total aggregate amount outstanding under all Notes issued hereunder together with all accrued interest of the balance of the accounts maintained by the Facility Agent (or the relevant Lender, as the case may be) pursuant to Clause 29 (Calculations and Make-Whole Amount, if any, on such NotesAccounts). For the purposes of Articles 571 et seq. of the Spanish Civil Procedural Law, the Obligors and the holders of the Notes Finance Parties expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) For the purposes purpose of the provisions of Articles 571 et seq. of the Spanish Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes Parties agree that the determination amount of the debt to be claimed through the executive proceedings shall be effected by the holders of Facility Agent (or the Notes by means of relevant Lender, as the appropriate case may be) in a certificate evidencing the balances balance(s) shown in the relevant account(s) referred to in paragraph (b) above. By virtue of For the foregoing, Facility Agent or a Lender to exercise executive action by the holders of the Notes action, it will be sufficient to deliver must present: (i) an original notarial first or authentic copy of this Agreement, ; (ii) a notarial certificate, if required, for the purposes described in paragraph (d) below; and (iii) the notarial document (acta notarial) which which:
A. incorporates the certificate of amounts due by the Spanish Obligor issued by the holders of Facility Agent (or the Notes of relevant Lender, as the amount due by any Spanish Obligor including case may be);
B. sets out an excerpt of the credits and debits, including the interest applied, which appear appears in the relevant account(s) referred to in paragraph (b) above, evidencing ; and
C. evidences that the determination of the amounts due and payable by the Spanish Obligor has have been calculated as agreed in accordance with this Agreement and that such amounts coincide with match the balance of such the accounts, and (iii) a notarial document (acta notarial) evidencing ; and
D. evidences that the Obligors have Spanish Obligor has been served notice of for the amount that is due and payable.
(d) Paragraph (c) above shall also apply to any Lender in relation to its Commitment. Such Lender may issue the appropriate certification of the balances of the relevant account(s) referred to in paragraph (b) above and the certification of the balances of such accounts may be legalised by a notary.
(e) The amount of the balances so established determined in accordance with this Clause 46 shall be notified to the Obligors relevant Spanish Obligor in an attestable manner at least three days in advance of exercising the any executive action set out in paragraph (c) aboveaction.
(ef) The Each Spanish Obligors Obligor hereby expressly authorize authorises the holders of the Notes Facility Agent (and each Lender, as appropriate) to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, documents issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under which notarises this Agreement in order to evidence its compliance with the entries of his its registry-book and the relevant entry date for the purpose of article 517, paragraph 2, number 4 of Article 517, of the Spanish Civil Procedural Law. The cost of such certificates certificate and documents will be for the account of the Obligorsrelevant Spanish Obligor. UTi Worldwide Inc. Note Purchase AgreementAs witness the hands of the duly authorised representatives of the Parties hereto the day and year first before written. Schedule 1 This Schedule is subject to Clause 2.1 (Grant of the Facility). To the extent that the maximum principal amount of the Euro Tranche or the Italian Tranche is reduced in accordance with Clause 2.1 (Grant of the Facility), the Total Commitment will be reduced accordingly and the Commitments of each of the Euro Tranche Lenders under the Euro Tranche, or the Italian Tranche Lenders under the Italian Tranche (as the case may be) will be reduced pro rata. Crédit Agricole Corporate and Investment Bank 350,000,000 Xxxx 0/X/0000000/XXXX- Xxxxxx Crédit Agricole Corporate and Investment Bank, Milan Branch None 180,000,000 Total Commitment (subject to Clause 2.1 (Grant of the Facility)) 350,000,000 180,000,000 1 The Mandatory Cost Rate is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank.
Appears in 1 contract
Samples: Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, Inc.)
Executive Proceedings. (a) At This Agreement and any other Loan Documents which a Spanish Obligor is a guarantor or provider of security to, at the discretion of the holders of the NotesCollateral Agent, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement well as any amendments hereto or thereto, shall be formalized formalised in a Spanish public document (escritura pública)Public Document, so that it has may have the status of a notarial document of loan for all purposes contemplated in article Article 517, paragraph 2, number 4 of the Spanish Civil Procedural Law (Law 1/2000 of 7th January) (“Ley de Ejuiciamiento Civil”) (the “Civil Procedural Law”).
(b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal total aggregate amount outstanding under all Notes issued hereunder together with all accrued interest and Make-Whole Amountof the balance of the accounts maintained by the Administrative Agent (or the relevant Lender, if any, on such Notesas the case may be). For the purposes of Articles 571 517 et seq. of the Civil Procedural Law, the Obligors and the holders of the Notes Credit Parties expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) For the purposes purpose of Articles 571 the provisions of Art, 571, et seq. of the Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes Credit Parties that the determination of the debt to be claimed through the executive proceedings shall be effected by the holders of Administrative Agent (or the Notes relevant Lender, as the case may be) by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (b) above. By virtue of the foregoing, to exercise executive action by the holders Collateral Agent or any of the Notes Lenders it will be sufficient to deliver present:
(i) an original notarial first or authentic copy of this Agreement, ;
(ii) a notarial certificate, if necessary, for the purposes described in paragraph (d) below;
(iii) the notarial document (acta notarial) which incorporates the certificate issued by the holders of Administrative Agent (or the Notes relevant Lender, as the case may be) of the amount due by any the Spanish Obligor including an excerpt of the credits and debits, debits (including the interest applied, ) which appear in the relevant account(s) referred to in paragraph (b) above, evidencing that the determination of the amounts due and payable by the Spanish Obligor has have been calculated as agreed in this Agreement and that such amounts coincide with the balance of such accounts, and ; and
(iiiiv) a notarial document (acta notarial) evidencing that the Obligors have Spanish Obligor has been served notice of the amount that is due and payable.
(d) Paragraph (c) above is also applicable to any Lender with regard to its Commitment. Such Lender may issue the appropriate certification of the balances of the relevant account(s) referred to in paragraph (b) above and the certification of the balances of such accounts may be legalised by a notary.
(e) The amount of the balances so established shall be notified to the Obligors Spanish Obligor in an attestable manner at least three (3) days in advance of exercising the executive action set out in paragraph (c) above.
(ef) The Spanish Obligors Obligor hereby expressly authorize authorises the holders of Administrative Agent and the Notes Collateral Agent (and each Lender, as appropriate) to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, documents issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under formalised this Agreement in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of article number 4 of Article 517, paragraph 2, number 4 of the Civil Procedural Law. The cost of such certificates certificate and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase Spanish Obligor in the manner provided under this Agreement.
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Executive Proceedings. (a) At Each Senior Finance Document and any amendments thereto, shall, at the discretion of the holders of the NotesFacility Agent, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized formalised in a Spanish public document (escritura pública)Public Document, so that it has may have the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 Articles 517 et seq. of the Spanish Civil Procedural LawLaw and other related provision.
(b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal total aggregate amount outstanding under all Notes issued hereunder together with all accrued interest of the balance of the accounts maintained by the Facility Agent (or the relevant Lender, as the case may be) pursuant to Clause 29 (Calculations and Make-Whole Amount, if any, on such NotesAccounts). For the purposes of Articles 571 et seq. of the Spanish Civil Procedural Law, the Obligors and the holders of the Notes Finance Parties expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) For the purposes purpose of the provisions of Articles 571 et seq. of the Spanish Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes Parties agree that the determination amount of the debt to be claimed through the executive proceedings shall be effected by the holders of Facility Agent (or the Notes by means of relevant Lender, as the appropriate case may be) in a certificate evidencing the balances balance(s) shown in the relevant account(s) referred to in paragraph (b) above. By virtue of For the foregoing, Facility Agent or a Lender to exercise executive action by the holders of the Notes action, it will be sufficient to deliver must present: (i) an original notarial first or authentic copy of this Agreement, ; (ii) a notarial certificate, if required, for the purposes described in paragraph (d) below; and (iii) the notarial document (acta notarial) which which:
A. incorporates the certificate of amounts due by the Spanish Obligor issued by the holders of Facility Agent (or the Notes of relevant Lender, as the amount due by any Spanish Obligor including case may be);
B. sets out an excerpt of the credits and debits, including the interest applied, which appear appears in the relevant account(s) referred to in paragraph (b) above, evidencing ; and
C. evidences that the determination of the amounts due and payable by the Spanish Obligor has have been calculated as agreed in accordance with this Agreement and that such amounts coincide with match the balance of such the accounts, and (iii) a notarial document (acta notarial) evidencing ; and
D. evidences that the Obligors have Spanish Obligor has been served notice of for the amount that is due and payable.
(d) The amount of the balances so established shall be notified to the Obligors in an attestable manner at least three days in advance of exercising the executive action set out in paragraph (c) above.
(e) The Spanish Obligors hereby expressly authorize the holders of the Notes to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of article 517, paragraph 2, number 4 of the Civil Procedural Law. The cost of such certificates and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase Agreement
Appears in 1 contract
Samples: Fleet Financing Facility Agreement (Avis Budget Group, Inc.)
Executive Proceedings. (a) At the discretion of the holders of the NotesLender’s discretion, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized in a Spanish public document (escritura pública), so that it has the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 of the Civil Procedural Law.
(b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal amount outstanding under all Notes issued hereunder together with all accrued interest and Make-Whole Amount, if any, on such Notesfull Obligations hereunder. For the purposes of Articles 571 et seq. of the Civil Procedural Law, the Obligors and the holders of the Notes expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) For the purposes of Articles 571 et seq. of the Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes Lender that the determination of the debt to be claimed through the executive proceedings shall be effected by the holders of the Notes Lender by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (b) aboveObligations. By virtue of the foregoing, to exercise executive action by the holders of the Notes Lender it will be sufficient to deliver (i) an original notarial first or authentic copy of this Agreement, (ii) the notarial document (acta notarial) which incorporates the certificate issued by the holders of the Notes Lender of the amount due by any Spanish Obligor including an excerpt of the credits and debits, including the interest applied, which appear in the relevant account(s) referred to in paragraph (b) above, evidencing that the determination of the amounts due and payable by the Spanish Obligor has been calculated as agreed in this Agreement and that such amounts coincide with the balance of such accountsAgreement, and (iii) a notarial document (acta notarial) evidencing that the Obligors have been served notice of the amount that is due and payable.
(d) The amount of the balances so established shall be notified to the Obligors in an attestable manner at least three days in advance of exercising the executive action set out in paragraph (c) above.
(e) The Spanish Obligors hereby expressly authorize the holders of the Notes Lender to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of article 517, paragraph 2, number 4 of the Civil Procedural Law. The cost of such certificates and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase Agreement.
Appears in 1 contract
Samples: Credit Agreement (UTi WORLDWIDE INC)
Executive Proceedings. (a) At the discretion of the holders of the Notes, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized in a Spanish public document (escritura pública), so that it has the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 of the Civil Procedural Law.
(b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal amount outstanding under all Notes issued hereunder together with all accrued interest and Make-Whole Amount, if any, on such Notes. For the purposes of Articles 571 et seq. of the Civil Procedural Law, the Obligors and the holders of the Notes expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) For the purposes of Articles 571 et seq. of the Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes that the determination of the debt to be claimed through the executive proceedings shall be effected by the holders of the Notes by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (b) above. By virtue of the foregoing, to exercise executive action by the holders of the Notes it will be sufficient to deliver (i) an original notarial first or authentic copy of this Agreement, (ii) the notarial document (acta notarial) which incorporates the certificate issued by the holders of the Notes of the amount due by any Spanish Obligor including an excerpt of the credits and debits, including the interest applied, which appear in the relevant account(s) referred to in paragraph (b) above, evidencing that the determination of the amounts due and payable by the Spanish Obligor has been calculated as agreed in this Agreement and that such amounts coincide with the balance of such accounts, and (iii) a notarial document (acta notarial) evidencing that the Obligors have been served notice of the amount that is due and payable.. UTI Worldwide Inc. Note Purchase Agreement
(d) The amount of the balances so established shall be notified to the Obligors in an attestable manner at least three days in advance of exercising the executive action set out in paragraph (c) above.
(e) The Spanish Obligors hereby expressly authorize the holders of the Notes to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of article 517, paragraph 2, number 4 of the Civil Procedural Law. The cost of such certificates and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase Agreement.
Appears in 1 contract
Executive Proceedings. (a) At 19.3.1 This Agreement and any amendments thereto, shall, at the discretion of the holders of the NotesTransaction Agent, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized formalised in a Spanish public document (escritura pública)Public Document, so that it has may have the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 Articles 517 et seq. of the Spanish Civil Procedural LawLaw and other related provision.
(b) 19.3.2 Upon enforcement, the sum payable by any Spanish Obligor the Borrower shall be the principal total aggregate amount outstanding under all Notes issued hereunder together with all accrued interest and Make-Whole Amount, if any, of the balance of the accounts maintained by the Spanish Servicer on such Notesbehalf of the Borrower pursuant to the Spanish Servicing Agreement. For the purposes of Articles 571 et seq. of the Spanish Civil Procedural Law, the Obligors and the holders of the Notes Lender expressly agree agrees that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) 19.3.3 For the purposes purpose of the provisions of Articles 571 et seq. of the Spanish Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes Parties agree that the determination amount of the debt to be claimed through the executive proceedings shall be effected by the holders of the Notes by means of the appropriate Spanish Servicer in a certificate evidencing the balances balance(s) shown in the relevant account(s) referred to in paragraph (b) Clause 19.3.2 above. By virtue of For the foregoing, Lender to exercise executive action by the holders of the Notes action, it will be sufficient to deliver must present: (i) an original notarial first or authentic copy of this Agreement, ; and (ii) the notarial document (acta notarial) which which:
(i) incorporates the certificate of amounts due by the Borrower issued by the holders Lender or the Issuer Cash Manager (on behalf of the Notes of the amount due by any Spanish Obligor including Lender);
(ii) sets out an excerpt of the credits and debits, including the interest applied, which appear appears in the relevant account(s) referred to in paragraph Clause 19.3.2 above;
(biii) above, evidencing evidences that the determination of the amounts due and payable by the Spanish Obligor has Borrower have been calculated as agreed in accordance with this Agreement and that such amounts coincide with match the balance of such the accounts, and ; and
(iiiiv) a notarial document (acta notarial) evidencing evidences that the Obligors have Borrower has been served notice of for the amount that is due and payable.
(d) 19.3.4 The amount of the balances so established determined in accordance with this Clause 19.3 shall be notified to the Obligors Borrower in an attestable manner at least three days in advance of exercising the any executive action set out in paragraph (c) aboveaction.
19.3.5 The Borrower hereby authorises the Lender and the Issuer Cash Manager (eon its behalf) The Spanish Obligors hereby expressly authorize the holders of the Notes to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under this Agreement is formalized, documents issued by the notary who has formalized the ratification of the position of the Spanish Obligors as Subsidiary Guarantors under which notarises this Agreement in order to evidence its compliance with the entries of his its registry-book and the relevant entry date for the purpose of article 517, paragraph 2, number 4 of Article 517, of the Spanish Civil Procedural Law. The cost of such certificates certificate and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase AgreementBorrower.
Appears in 1 contract
Samples: Fleetco Spanish Facility Agreement (Avis Budget Group, Inc.)
Executive Proceedings. (a) At the discretion of the holders of the NotesIssuing Bank, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor Guarantors under this Agreement shall be formalized in into a Spanish public document (escritura pública), so that it has the status of a notarial document of loan for all purposes contemplated in article Article 517, paragraph 2, number 4 of the Civil Procedural Law.. UTi Worldwide Inc. Nedbank Letter of Credit Agreement
(b) Upon enforcement, the sum payable by any Spanish Obligor shall be the principal total aggregate amount outstanding under all Notes issued hereunder together with all accrued interest and Make-Whole Amount, if any, on such Notesof the entries made of the accounts maintained by Issuing Bank pursuant to Section 3.7. For the purposes of Articles 571 et seq. of the Civil Procedural Law, the Obligors and the holders of the Notes Issuing Bank expressly agree agrees that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law.
(c) For the purposes of Articles 571 et seq. of the Civil Procedural Law, it is expressly agreed by the Obligors and the holders of the Notes Issuing Bank that the determination of the debt to be claimed through the executive proceedings shall be effected by the holders of the Notes Issuing Bank by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (b) above. By virtue of the foregoing, to exercise executive action by the holders of the Notes Issuing Bank it will be sufficient to deliver (i) an original notarial first or authentic copy of this Agreement, (ii) the notarial document (acta notarial) which incorporates the certificate issued by the holders of the Notes Issuing Bank of the amount due by any Spanish Obligor including an excerpt of the credits and debits, including the interest applied, which appear in the relevant account(s) referred to in paragraph (b) above, evidencing that the determination of the amounts due and payable by the Spanish Obligor has been calculated as agreed in this Agreement and that such amounts coincide with the balance of such accounts, and (iii) a notarial document (acta notarial) evidencing that the Obligors have been served notice of the amount that is due and payable.
(d) The amount of the balances so established shall be notified to the Obligors in an attestable manner at least three days in advance of exercising the executive action set out in paragraph (c) above.
(e) The Spanish Obligors hereby expressly authorize the holders of the Notes Issuing Bank to request and obtain certificates and documents, including second or further copies of the deed in which the ratification of the position of the each Spanish Obligors Obligor as Subsidiary Guarantors under this Agreement is formalized, issued by the notary who has formalized the ratification of the position of the each Spanish Obligors Obligor as Subsidiary Guarantors under this Agreement in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of article Article 517, paragraph 2, number 4 of the Civil Procedural Law. The cost of such certificates and documents will be for the account of the Obligors. UTi Worldwide Inc. Note Purchase Agreement.
Appears in 1 contract