Existing Investments. Existing investments by investors of either Contracting Party have carried on the territory of the other Contracting Party before the entry into force of this agreement are also subject to the provisions of this Agreement. However, these provisions do not apply retroactively to activities carried out before the entry into force of this Agreement.
Existing Investments. This Agreement shall also apply to investment made prior to its entry into force by investors of one Contracting Party in the territory of the other Contracting Party in accordance with its laws and regulations.
Existing Investments. Investment constituting 40% of the equity interests in High Desert Support Services LLC. None. This Assignment and Assumption (this “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor (as defined below) and the Assignee (as defined below). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex I attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions referred to below and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below, (a) all the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any Guarantees, Letters of Credit and Swingline Loans included in such facilities) and (b) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (a) above (the rights and obligations sold and assigned pursuant to clauses (a) and (b) above being referred to herein collectively as the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without rep...
Existing Investments. Ball Metal Food Container, LLC, has a loan to Xxxxx Creek Vegetable Company for an original principle amount of $14,000,000 under the Subordinated Term Loan Agreement dated February 28, 2014 Ball Corporation Xxx Soon-Ball Yamamura Inc. (Taiwan Supreme Metal Packaging) $ 1,425,516 Ball Southeast Asia Holdings (Singapore) PTE Ltd. Thai Beverage Can LTD. 1,276,605 Ball Metal Beverage Container Corp Rocky Mountain Metal Container, LLC 7,021,426 Ball Cayman Limited Latapack S.A. 111,543,610 Ball Cayman Limited Latapack—Ball Embalagens LTDA 84,733,433 Ball Packaging Europe GmbH BKV, Germany 137,979 Ball Packaging Europe Associations GmbH Forum Getrankedose GbR mbH 20,718 Ball Packaging Europe Handelsgesellschaft mbH OKO-PANNON Kht 9,485 Ball Packaging Europe Handelsgesellschaft mbH EKO-KOM a.s. Czech Republic 3,560 Ball Packaging Europe Handelsgesellschaft mbH Slopak, Slovenia 8,044 Ball Packaging Europe Handelsgesellschaft mbH ECO-ROM Ambalaje S.A. 2,082 Ball Packaging Europe UK Ltd. Green Dot Company Ltd., Cyprus 2 Ball Packaging Europe Belgrade d.o.o. SEKOPAK d.o.o., Belgrade 30,512 Ball International Holdings B.V. TBC-Ball Beverage Can Holdings Limited 22,972,000 Ball Asia Pacific Limited Ball Asia Pacific (Hubei) Metal Container Limited 51,872,213 Aerocan S.A.S. Copal S.A.S. 9,238,560 Ball Packaging Europe GmbH SARIO GRUNDSTICKS- VERMIETUNGSGESELLSCHAFT mbH & CO. OBJEKT ELFI 12,306 Ball Trading Germany GmbH, Germany Bund Getränkeverpackungen der Zukunft GbR, Germany 121,560 Ball Packaging Europe Holding BV, The Netherlands Ball Packaging India, India (99)% (2)157,182 Ball Packaging Europe Oss BV, The Netherlands Ball Packaging India, India (1)% (3)1,588 - All equity investments & loans held by the Company and its Subsidiaries with ownership of < 100%
Existing Investments. The Employee has certain investments in businesses which are not in competition with the Company, which investments are listed on Exhibit D hereto, which Exhibit D shall be updated by the Employee on an annual basis consistent with Company’s conflict of interest policy. In the event that the Company modifies its business operations such that it is in competition with such businesses, the Employee shall not as a result be deemed to be in violation of Section 10 or any provision of this Agreement by such or similar ownership.
Existing Investments. SCHEDULE 4.15 hereto accurately and completely lists the record owner, location and any relevant account numbers of all depository and operating accounts and marketable securities owned by the Credit Parties and their Subsidiaries as of the date hereof.
Existing Investments. Investments in Subsidiaries and Joint Ventures of the Borrower existing on the Closing Date. Equity Investments in Ebensburg Investors Limited existing on the Closing Date. The Xxxxxxx & Xxxxxx Company The Xxxxxx Building 13024 Ballantyne Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Treasurer (with copy to General Counsel) Telephone: 000-000-0000 Telecopier: 000-000-0000 Electronic Mail: xxxxxxx@xxxxxxx.xxx Website Address: xxx.xxxxxxx.xxx U.S. Taxpayer Identification Number: 00-0000000 (for payments and Requests for Credit Extensions): Bank of America, N.A. One Independence Center 000 X. Xxxxx Street Mail Code: NC1-001-04-39 Xxxxxxxxx, XX 00000-0000 Attention: Xxxxx X. Xxxxxxxxx Telephone: 000-000-0000 Telecopier: 704-409-0024 Electronic Mail: xxxxx.x.xxxxxxxxx@xxxx.xxx Account No.: 1366212250600 Ref: The Xxxxxxx & Xxxxxx Company, Attn: Credit Services ABA# 000000000 Other Notices as Administrative Agent: Bank of America, N.A. Agency Management 0000 Xxxxxx Xxxxxx, 0xx Xxxxx Mail Code: CA5-701-05-19 Xxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxxx X. Manduk Telephone: 000-000-0000 Telecopier: 000-000-0000 Electronic Mail: xxxxxxxx.xxxxxx@xxxx.xxx Bank of America, N.A. Trade Operations 0000 X. Xxxxxx Street, 7th Floor Mail Code: CA9-705-07-05 Xxx Xxxxxxx, XX 00000-0000 Attention: Tai Xxx Xx Telephone: 000-000-0000 Telecopier: 000-000-0000 Electronic Mail: xxx_xxx.xx@xxxx.xxx Bank of America, N.A. One Independence Center 000 X. Xxxxx Street Mail Code: NC1-001-04-39 Xxxxxxxxx, XX 00000-0000 Attention: Xxxxx X. Xxxxxxxxx Telephone: 000-000-0000 Telecopier: 704-409-0024 Electronic Mail: xxxxx.x.xxxxxxxxx@xxxx.xxx Account No.: 1366212250600 Ref: The Xxxxxxx & Xxxxxx Company, Attn: Credit Services ABA# 000000000 To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Amended and Restated Credit Agreement, dated as of June 8, 2012 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among THE XXXXXXX & XXXXXX COMPANY, a Delaware corporation, as the borrower thereunder, the Lenders, the Administrative Agent, the Swing Line Lender and each L/C Issuer. The Borrower hereby requests (select one):
Existing Investments. Investments in Subsidiaries and Joint Ventures of the Borrower existing on the Closing Date. Xxxxxxx & Xxxxxx Enterprises, Inc. The Xxxxxx Building 13024 Ballantyne Xxxxxxxxx Xxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Treasurer (with copy to General Counsel) Telephone: Telecopier: Electronic Mail: Website Address: xxx.xxxxxxx.xxx U.S. Taxpayer Identification Number: 00-0000000 (for payments and Requests for Credit Extensions): Bank of America, N.A. One Independence Center 000 X. Xxxxx Street Mail Code: NC1-001-04-39 Xxxxxxxxx, XX 00000-0000 Attention: Telephone: Telecopier: Electronic Mail: Account No.: Ref: Xxxxxxx & Xxxxxx Enterprises, Inc., Attn: Credit Services ABA# Other Notices as Administrative Agent: Bank of America, N.A. Agency Management 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx Mail Code: CA5-705-04-09 Xxx Xxxxxxxxx, XX 00000 Attention: Telephone: Telecopier: Electronic Mail: Bank of America, N.A. Global Trade Operations One Fleet Way, 2nd Floor Mail Code PA6-580-02-30 Xxxxxxxx, XX 00000 Telephone: Client Servicing E-mail Address: General Fax: SWIFT Address: Bank of America, N.A. One Independence Center 000 X. Xxxxx Street Mail Code: NC1-001-04-39 Xxxxxxxxx, XX 00000-0000 Attention: Telephone: Telecopier: Electronic Mail: Account No.: Ref: Xxxxxxx & Xxxxxx Enterprises, Inc., Attn: Credit Services ABA# To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement, dated as of May 11, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement;” the terms defined therein being used herein as therein defined), among XXXXXXX & XXXXXX ENTERPRISES, INC., a Delaware corporation, as the borrower thereunder, the Lenders, the Administrative Agent, the Swing Line Lender and each L/C Issuer. The undersigned hereby requests (select one): ¨ A Revolving Credit Borrowing ¨ A conversion of [Type] to [Type] ¨ A continuation of Eurocurrency Rate Loans
Existing Investments. Set forth on Schedule 4.01(u) hereto is a complete and accurate list of all Investments held by any Loan Party or any of its Subsidiaries on the Restatement Effective Date and having a value of $500,000 or more (other than Investments in Subsidiaries and the Permitted CoBank Investment), showing the amount, obligor or issuer and maturity, if any, thereof.
Existing Investments. Exhibits A - Commitment Assignment and Acceptance B - Compliance Certificate C - Indenture for the 10- 1/ 4% Senior Subordinated Debt Due 2010 D - Line A Note E - Line B Note X - Xxxx Xxxxxxxxxx Xxxxxxxxxxx G-1 - Opinion of Counsel (Inside) G-2 - Opinion of Counsel (Outside) H - Request for Letter of Credit I - Request for Loan J - Subsidiary Guaranty THIRD AMENDED AND RESTATED REVOLVING LOAN AGREEMENT Dated as of June 22, 2000 This THIRD AMENDED AND RESTATED REVOLVING LOAN AGREEMENT (" Agreement") is entered into by and among Del Webb Corporation, a Delaware corpxxxxxxx (" Borrower"), each bank whose name is set forth on the signature pages of this Agreement and each lender which may hereafter become a party to this Agreement pursuant to Section 11.8 (collectively, the "Banks" and individually, a "Bank"), Bank of America, N. A., as Administrative Agent, Bank One, NA, as Syndication Agent, Fleet National Bank, as Documentation Agent, and Banc of America Securities LLC, as Lead Arranger and Sole Book Manager. This Agreement is intended by the parties hereto as an amendment and restatement of the Second Amended Loan Agreement as of the effective date of this Agreement. Amounts outstanding and committed under the Second Amended Loan Agreement and evidenced by the Pre- Existing Notes shall, upon the effectiveness of this Agreement, be deemed to be outstanding and committed hereunder and evidenced by the Notes, subject, however, to all terms and conditions hereunder and under the other Loan Documents, including without limitation the allocation of the Commitments among the Banks as provided herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree as follows:
