Existing Restrictions. Certificate of Designations of Series A Fixed-to-Floating Rate Term Cumulative Preferred Stock due 2057 of Kinder Xxxxxx X.X., Inc. This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between [the][each](1) Assignor identified in item 1 below ([the][each, an] “Assignor”) and [the][each](2) Assignee identified in item 2 below ([the][each, an] “Assignee”). [It is understood and agreed that the rights and obligations of [the Assignors][the Assignees](3) hereunder are several and not joint.](4) Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by [the][each] Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, [the][each] Assignor hereby irrevocably sells and assigns to [the Assignee][the respective Assignees], and [the][each] Assignee hereby irrevocably purchases and assumes from [the Assignor][the respective Assignors], subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of [the Assignor’s][the respective Assignors’] rights and obligations in [its capacity as a Lender][their respective capacities as Lenders] 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][the respective Assignors] under the respective facilities(5) identified below [(including, without limitation, the Letters of Credit and the Swingline Loans included in such facilities, as applicable)](6) and (ii) 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)][the respective Assignors (in their respective capacities as Lenders)] against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other docume...
Existing Restrictions. The Cott Embotelladores de Mexico S.A. de C.V. (the “Company”) Shareholder Agreement, dated June 20, 2002 (the “Shareholder Agreement”), contains certain restrictions on the ability of the Company and any of its subsidiaries to incur indebtedness, encumber assets, grant a guaranty, or dispose of certain assets or capital stock without either the consent of Embotelladora de Puebla, S.A. de C.V. (as Class A Shareholder) or the approval of the Class A Director (as such term is defined in the Shareholder Agreement).
Existing Restrictions. The documents evidencing the Existing Credit Agreement contain, and the documents evidencing the Credit Agreement will contain, restrictions and conditions of the type described in Section 6.8.
Existing Restrictions. Restrictions under Section 6.08 of the Revolving Credit Agreement and any substantially similar restrictions included in any credit agreement initially or successively refinancing the Revolving Credit Agreement.
Existing Restrictions. EXHIBITS: -------- A-1 Form of Guarantee and Collateral Agreement A-2 Form of Shared Collateral Agreement A-3 Form of Mortgage A-4 Form of Collateral Sharing Agreement A-5 Form of UDI Pledge Agreement B Form of Closing Certificate C Form of Assignment and Acceptance D-1 Form of Legal Opinion of Fried, Frank, Harris, Xxxxxxx & Xxxxxxxx D-2 Form of Legal Opinion of General Counsel of the Parent Borrower D-3 Matters to be Covered by Foreign Subsidiary Opinion E Form of Addendum F Form of Exemption Certificate G Form of Consent and Confirmation H Form of Prepayment Option Notice I Form of Borrowing Subsidiary Agreement J Form of Borrowing Subsidiary Termination THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of October 6, 1998, as amended and restated as of May 24, 2001, among SPX CORPORATION, a Delaware corporation (the "Parent Borrower"), the Foreign Subsidiary Borrowers --------------- (as hereinafter defined) party hereto, the Lenders party hereto, BANK ONE, NA, as Syndication Agent, BANK OF AMERICA, N.A., FLEET NATIONAL BANK and THE BANK OF NOVA SCOTIA, as Documentation Agents, and THE CHASE MANHATTAN BANK, as Administrative Agent.
Existing Restrictions. Senior Unsecured Term Promissory Note in the amount of $2,500,000,000, dated as of August 2, 2005 made by Clear Channel Outdoor, Inc. to Clear Channel Outdoor Holdings, Inc. subsequently endorsed to Clear Channel Communications, Inc., as amended on August 2, 2005. Senior Indenture dated as of October 1, 1997 between Clear Channel Communications, Inc. and The Bank of New York, as trustee (with The Bank of New York Trust Company, N.A. as current trustee), as supplemented by the Second Supplemental Indenture dated as of June 16, 1998, as further supplemented by the Third Supplemental Indenture dated as of June 16, 1998, as further supplemented by the Eleventh Supplemental Indenture dated as of January 9, 2003, as further supplemented by the Twelfth Supplemental Indenture dated as of March 17, 2003, as further supplemented by the Thirteenth Supplemental Indenture dated as of May 1, 2003, as further supplemented by the Fourteenth Supplemental Indenture dated as of May 21, 2003, as further supplemented by the Sixteenth Supplemental Indenture dated as of December 9, 2003, as further supplemented by the Seventeenth Supplemental Indenture dated as of September 20, 2004, as further supplemented by the Eighteenth Supplemental Indenture dated as of November 22, 2004, as further supplemented by the Nineteenth Supplemental Indenture dated as of December 16, 2004, as further supplemented by the Twentieth Supplemental Indenture dated as of March 21, 2006 and as further supplemented by the Twenty-first Supplemental Indenture dated as of August 15, 2006, as may be amended, supplemented or modified from time to time. Indenture dated as of November 17, 1998 among AMFM Operating Inc. (formerly known as Chancellor Media Corporation of Los Angeles), the guarantors thereto, and The Bank of New York, as trustee, as supplemented by the First Supplemental Indenture dated as of August 23, 1999, as further supplemented by the Second Supplemental Indenture dated as of November 19, 1999 and as further supplemented by the Third Supplemental Indenture dated as of January 18, 2000, as may be amended, supplemented or modified from time to time. Citibank, N.A., as Administrative Agent or Swing Line Lender Citigroup Global Loans 2 Penns Way, Suite 100 New Castle, DE 19720 Attn: Sonja Gore Tel: 302-894-6107 Fax: 212-994-0849 E-mail: sonja.gore@citi.com Citibank, N.A., as L/C Issuer Citigroup Global Loans 2 Penns Way, Suite 100 New Castle, DE 19720 Attn: Sonja Gore Tel: 302-894-6107 Fax: 212-99...
Existing Restrictions. Restrictions under Section 6.08 of the Term Loan Agreement and any substantially similar restrictions included in any credit agreement initially or successively refinancing the Term Loan Agreement.
Existing Restrictions. The documents evidencing the Prudential Debt and the Additional Prudential Debt contain restrictions and conditions of the type described in Section 6.07.
Existing Restrictions. Section 3.18 is incorporated herein by reference. Borrower: VFH Parent LLC Attn: Xxxxxxx X. Xxxx President and Chief Operating Officer Tel: 000-000-0000 Fax: 000-000-0000 Email: XXxxx@xxxxxxxxxxxxxx.xxx With a copy to: Xxxxxxxx Xxxxx Partner Tel: (000) 000-0000 Fax: (000) 000-0000 Email: xxxxxx@xxxxxx.xxx Administrative Agent: Credit Suisse AG, Cayman Islands Branch Eleven Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attn: Xxxx Portrait Agency Manager Tel: 000-000-0000 Fax: 000-000-0000 Email: xxxxxx.xxxxxxx@xxxxxx-xxxxxx.xxx
Existing Restrictions. Shareholder Agreement of UO (Bermuda) Limited (“UO Bermuda”), dated as of July 15, 2009, by and between Urban Outfitters, Inc. or its assignee and Coddy BVI, which contains prohibitions on UO Bermuda’s ability to (a) pledge its assets; (b) incur debt; or (c) guarantee or become obligated for the debts of any other Person (as defined therein).
