Common use of Executive Proceedings Clause in Contracts

Executive Proceedings. i. For the purpose of articles 571 et seq. of the Spanish Civil Procedural Law, the Parties agree that: ah. any amount due and payable (importe vencido, líquido y exigible) under the Loan Documents by the Spanish Borrower that may be claimed in any executive proceedings in Spain will be set out in a certificate which details the relevant calculations and determinations provided by the Lender and will be based on the Register maintained by the Administrative Agent in connection with this Agreement, all in accordance with Section 2.10; ai. the Parties expressly agree that such balance shall be considered as an acknowledgement of debt and may be claimed pursuant to the same provisions of such law; aj. the Administrative Agent may have the Certificate notarized evidencing that the calculations and determinations have been effected; and ak. the Administrative Agent may claim the total amount of the principal and interest due if there is a default in the repayment of any instalment of principal or interest, subject to any of the applicable guarantee and other limitations applying to Spanish Borrower set out in this Agreement. ii. The Parties agree that, for the purposes of payment and dispatch of enforcement in Spain, or for the purposes of judicial or non-judicial enforcement claims in Spain, the balance resulting from such accounts, duly certified by the Administrative Agent by virtue of the Certificate in accordance with this Agreement, will be a due and payable amount (importe vencido, líquido y exigible) for Spanish procedural purposes, and may be used as evidence in such judicial proceedings in Spain and will have full legal effect under Spanish procedural enforcement laws, including for the purposes of the article 572.2 of Spanish Civil Procedural Law.

Executive Proceedings. i. (i) For the purpose of articles 571 et seq. of the Spanish Civil Procedural Law, the Parties agree that: ah. : (A) any amount due and payable (importe vencido, líquido y exigible) under the Loan Documents by the Spanish Borrower that may be claimed in any executive proceedings in Spain will be set out in a certificate which details the relevant calculations and determinations provided by the Lender and will be based on the Register maintained by the Administrative Agent in connection with this Agreement, all in accordance with Section 2.10; ai. ; (B) the Parties expressly agree that such balance shall be considered as an acknowledgement of debt and may be claimed pursuant to the same provisions of such law; aj. ; (C) the Administrative Agent may have the Certificate notarized evidencing that the calculations and determinations have been effected; and ak. and (D) the Administrative Agent may claim the total amount of the principal and interest due if there is a default in the repayment of any instalment of #94513555v35 principal or interest, subject to any of the applicable guarantee and other limitations applying to Spanish Borrower set out in this Agreement. (ii. ) The Parties agree that, for the purposes of payment and dispatch of enforcement in Spain, or for the purposes of judicial or non-judicial enforcement claims in Spain, the balance resulting from such accounts, duly certified by the Administrative Agent by virtue of the Certificate in accordance with this Agreement, will be a due and payable amount (importe vencido, líquido y exigible) for Spanish procedural purposes, and may be used as evidence in such judicial proceedings in Spain and will have full legal effect under Spanish procedural enforcement laws, including for the purposes of the article 572.2 of Spanish Civil Procedural Law.

Executive Proceedings. i. (i) For the purpose of articles 571 et seq. of the Spanish Civil Procedural Law, the Parties agree that: ah. : (A) any amount due and payable (importe vencido, líquido y exigible) under the Loan Documents by the Spanish Borrower that may be claimed in any executive proceedings in Spain will be set out in a certificate which details the relevant calculations and determinations provided by the Lender and will be based on the Register maintained by the Administrative Agent in connection with this Agreement, all in accordance with Section 2.10; ai. ; (B) the Parties expressly agree that such balance shall be considered as an acknowledgement of debt and may be claimed pursuant to the same provisions of such law; aj. ; (C) the Administrative Agent may have the Certificate notarized evidencing that the calculations and determinations have been effected; and ak. and (D) the Administrative Agent may claim the total amount of the principal and interest due if there is a default in the repayment of any instalment of principal or interest, subject to any of the applicable guarantee and other limitations applying to Spanish Borrower set out in this Agreement. (ii. ) The Parties agree that, for the purposes of payment and dispatch of enforcement in Spain, or for the purposes of judicial or non-judicial enforcement claims in Spain, the balance resulting from such accounts, duly certified by the Administrative Agent by virtue of the Certificate in accordance with this Agreement, will be a due and payable amount (importe vencido, líquido y exigible) for Spanish procedural purposes, and may be used as evidence in such judicial proceedings in Spain and will have full legal effect under Spanish procedural enforcement laws, including for the purposes of the article 572.2 of Spanish Civil Procedural Law.