Common use of Existing Indebtedness and Reporto Contracts Clause in Contracts

Existing Indebtedness and Reporto Contracts. (a) Set forth on Schedule 5.20(a) (Existing Indebtedness) is a complete and accurate list of all Existing Indebtedness that is (i) Working Capital Indebtedness (the “Existing Working Capital Indebtedness”) and (ii) Other Indebtedness (including all Guaranty Obligations) (the “Existing Other Indebtedness”), in each case specifying the parties thereto, the outstanding principal amounts thereof, any unborrowed amounts thereof and any guarantors thereof. (b) Set forth on Schedule 5.20(b) (Existing Intercompany Indebtedness) is a complete and accurate list of all Intercompany Indebtedness as of September 30, 2009, specifying the parties thereto and outstanding principal amounts thereof. All Existing Intercompany Indebtedness (other than Intercompany Indebtedness owed to any Subsidiary in the Gimsa Division by the Company and Guaranty Obligations by the Company that are permitted by Section 7.16(e) or 7.16(h) (Limitations on Incurrence of Additional Indebtedness)) has been issued or made pursuant to the Intercompany Revolving Facilities. (c) Set forth on Schedule 5.20(c) (Existing Hedging Agreements) is a complete and accurate list of the parties to which the Company has any liability under Hedging Agreements and the notional amounts and the Agreement Values thereof, as of the Business Day prior to the date hereof (or such earlier date as mutually agreed prior to the Closing Date between the Company and the Initial Lender), and the Company has provided reasonable documentation supporting the Agreement Values set forth in respect thereof. (d) Set forth on Schedule 5.20(d) (Existing Reporto Contracts) is a complete and accurate list of any outstanding Reporto Contract entered into with the Company or any of its Subsidiaries, and the aggregate principal amount thereof, as of the Business Day prior to the date hereof. (e) Each of the Reporting Indebtedness Documentation is a true and correct copy of such Contractual Obligation, and (i) the Company has not entered into any Contractual Obligations in respect of the Reporting Indebtedness other than the Reporting Indebtedness Documentation and (ii) the Company has not paid any fees or made any other payment (and no fee or other payment is payable) in respect of the Reporting Indebtedness other than as expressly provided in Reporting Indebtedness Documentation. (f) Since the date of the audited financial statements of the Company and its Consolidated Subsidiaries described in Section 4.01(o) (Delivery of Financial Statements), neither the Company nor its Subsidiaries have restructured or Refinanced any Indebtedness, or unwound any other Hedging Agreements to which they are a party, in each case other than the Indebtedness identified in Section 4.01(l) (Restructured or Refinanced Indebtedness) or the Terminated Derivative Obligation.

Appears in 3 contracts

Samples: Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv), Loan Agreement (Gruma Sab De Cv)

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Existing Indebtedness and Reporto Contracts. (a) Set forth on Schedule 5.20(a5.21(a) (Existing Indebtedness) is a complete and accurate list of all Existing Indebtedness that is (i) Working Capital Indebtedness (the “Existing Working Capital Indebtedness”) and (ii) Other Indebtedness (including all Guaranty Obligations) (the “Existing Other Indebtedness”), in each case specifying the parties thereto, the outstanding principal amounts thereof, any unborrowed amounts thereof and any guarantors thereof. (b) Set forth on Schedule 5.20(b5.21(b) (Existing Intercompany Indebtedness) is a complete and accurate list of all Intercompany Indebtedness as of September 30, 2009, specifying the parties thereto and outstanding principal amounts thereof. All Existing Intercompany Indebtedness (other than Intercompany Indebtedness owed to any Subsidiary in the Gimsa Division by the Company and Guaranty Obligations by the Company that are permitted by Section 7.16(e) or 7.16(h) (Limitations on Incurrence of Additional Indebtedness)) has been issued or made pursuant to the Intercompany Revolving Facilities. (c) Set forth on Schedule 5.20(c5.21(c) (Existing Hedging Agreements) is a complete and accurate list of the parties to which the Company has any liability under Hedging Agreements and the notional amounts and the Agreement Values thereof, as of the Business Day prior to the date hereof (or such earlier date as mutually agreed prior to the Closing Date between the Company and the Initial LenderLenders), and the Company has provided reasonable documentation supporting the Agreement Values set forth in respect thereof. (d) Set forth on Schedule 5.20(d5.21(d) (Existing Reporto Contracts) is a complete and accurate list of any outstanding Reporto Contract entered into with the Company or any of its Subsidiaries, and the aggregate principal amount thereof, as of the Business Day prior to the date hereof. (e) Each of the Reporting Indebtedness Documentation is a true and correct copy of such Contractual Obligation, and (i) the Company has not entered into any Contractual Obligations in respect of the Reporting Indebtedness other than the Reporting Indebtedness Documentation and (ii) the Company has not paid any fees or made any other payment (and no fee or other payment is payable) in respect of the Reporting Indebtedness other than as expressly provided in the Reporting Indebtedness Documentation. (f) Since the date of the audited financial statements of the Company and its Consolidated Subsidiaries described in Section 4.01(o) (Delivery of Financial Statements), neither the Company nor its Subsidiaries have restructured or Refinanced any Indebtedness, or unwound any other Hedging Agreements to which they are a party, in each case other than the Indebtedness identified in Section 4.01(l) (Restructured or Refinanced Indebtedness) or the Terminated Derivative ObligationObligations.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Gruma Sab De Cv)

Existing Indebtedness and Reporto Contracts. (a) Set forth on Schedule 5.20(a5.21(a) (Existing Indebtedness) is a complete and accurate list of all Existing Indebtedness that is (i) Working Capital Indebtedness (the “Existing Working Capital Indebtedness”) and (ii) Other Indebtedness (including all Guaranty Obligations) (the “Existing Other Indebtedness”), in each case specifying the parties thereto, the outstanding principal amounts thereof, any unborrowed amounts thereof and any guarantors thereof. (b) Set forth on Schedule 5.20(b5.21(b) (Existing Intercompany Indebtedness) is a complete and accurate list of all Intercompany Indebtedness as of September 30, 2009, specifying the parties thereto and outstanding principal amounts thereof. All Existing Intercompany Indebtedness (other than Intercompany Indebtedness owed to any Subsidiary in the Gimsa Division by the Company and Guaranty Obligations by the Company that are permitted by Section 7.16(e) or 7.16(h) (Limitations on Incurrence of Additional Indebtedness)) has been issued or made pursuant to the Intercompany Revolving Facilities. (c) Set forth on Schedule 5.20(c5.21(c) (Existing Hedging Agreements) is a complete and accurate list of the parties to which the Company has any liability under Hedging Agreements and the notional amounts and the Agreement Values thereof, as of the Business Day prior to the date hereof (or such earlier date as mutually agreed prior to the Closing Date between the Company and the Initial LenderLenders), and the Company has provided reasonable documentation supporting the Agreement Values set forth in respect thereof. (d) Set forth on Schedule 5.20(d5.21(d) (Existing Reporto Contracts) is a complete and accurate list of any outstanding Reporto Contract entered into with the Company or any of its Subsidiaries, and the aggregate principal amount thereof, as of the Business Day prior to the date hereof. (e) Each of the Reporting Indebtedness Documentation is a true and correct copy of such Contractual Obligation, and (i) the Company has not entered into any Contractual Obligations in respect of the Reporting Indebtedness other than the Reporting Indebtedness Documentation and (ii) the Company has not paid any fees or made any other payment (and no fee or other payment is payable) in respect of the Reporting Indebtedness other than as expressly provided in the Reporting Indebtedness Documentation. (f) Since the date of the audited financial statements of the Company and its Consolidated Subsidiaries described in Section 4.01(o4.01(n) (Delivery of Financial Statements), neither the Company nor its Subsidiaries have restructured or Refinanced any Indebtedness, or unwound any other Hedging Agreements to which they are a party, in each case other than the Indebtedness identified in Section 4.01(l4.01(k) (Restructured or Refinanced Indebtedness) or the Terminated Derivative ObligationExisting Loan Obligations.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Gruma Sab De Cv)

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Existing Indebtedness and Reporto Contracts. (a) Set forth on Schedule 5.20(a) (Existing Indebtedness) is a complete and accurate list of all Existing Indebtedness that is (i) Working Capital Indebtedness (the “Existing Working Capital Indebtedness”) and (ii) Other Indebtedness (including all Guaranty Obligations) (the “Existing Other Indebtedness”), in each case specifying the parties thereto, the outstanding principal amounts thereof, any unborrowed amounts thereof and any guarantors thereof. (b) Set forth on Schedule 5.20(b) (Existing Intercompany Indebtedness) is a complete and accurate list of all Intercompany Indebtedness as of September 30, 2009, specifying the parties thereto and outstanding principal amounts thereof. All Existing Intercompany Indebtedness (other than Intercompany Indebtedness owed to any Subsidiary in the Gimsa Division by the Company and Guaranty Obligations by the Company that are permitted by Section 7.16(e) or 7.16(h) (Limitations on Incurrence of Additional Indebtedness)) has been issued or made pursuant to the Intercompany Revolving Facilities. (c) Set forth on Schedule 5.20(c) (Existing Hedging Agreements) is a complete and accurate list of the parties to which the Company has any liability under Hedging Agreements and the notional amounts and the Agreement Values thereof, as of the Business Day prior to the date hereof (or such earlier date as mutually agreed prior to the Closing Date between the Company and the Initial Lender), and the Company has provided reasonable documentation supporting the Agreement Values set forth in respect thereof. (d) Set forth on Schedule 5.20(d) (Existing Reporto Contracts) is a complete and accurate list of any outstanding Reporto Contract entered into with the Company or any of its Subsidiaries, and the aggregate principal amount thereof, as of the Business Day prior to the date hereof. (e) Each of the Reporting Indebtedness Documentation is a true and correct copy of such Contractual Obligation, and (i) the Company has not entered into any Contractual Obligations in respect of the Reporting Indebtedness other than the Reporting Indebtedness Documentation and (ii) the Company has not paid any fees or made any other payment (and no fee or other payment is payable) in respect of the Reporting Indebtedness other than as expressly provided in Reporting Indebtedness Documentation. (f) Since the date of the audited financial statements of the Company and its Consolidated Subsidiaries described in Section 4.01(o4.01(m) (Delivery of Financial Statements), neither the Company nor its Subsidiaries have restructured or Refinanced any Indebtedness, or unwound any other Hedging Agreements to which they are a party, in each case other than the Indebtedness identified in Section 4.01(l4.01(j) (Restructured or Refinanced Indebtedness) or the Terminated Derivative ObligationObligation Amount.

Appears in 1 contract

Samples: Loan Agreement (Gruma Sab De Cv)

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