Common use of Foreign Subsidiary Borrowers Clause in Contracts

Foreign Subsidiary Borrowers. In the case of the first requested borrowing by each Foreign Subsidiary Borrower, the Company shall deliver to the Administrative Agent on or prior to such date a copy of the resolutions, in form and substance satisfactory to the Administrative Agent, of the Board of Directors of such Foreign Subsidiary Borrower authorizing (1) the execution, delivery and performance of each Credit Document to which it is a party and (2) the borrowings contemplated hereunder, certified by the Secretary or an Assistant Secretary or other authorized officer of such Foreign Subsidiary Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Administrative Agent and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded. Each borrowing by and Letter of Credit issued on behalf of any Borrower shall constitute a representation and warranty by the Company and such Borrower as of the date of such Loan and/or Letter of Credit that the conditions contained in this subsection 9.2 have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics Inc)

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Foreign Subsidiary Borrowers. In the case of the first requested borrowing by each Foreign Subsidiary Borrower, the Company shall deliver to the Administrative Agent on or prior to such date a copy of the resolutions, in form and substance satisfactory to the Administrative Agent, of the Board of Directors of such Foreign Subsidiary Borrower authorizing (1) the execution, delivery and performance of each Credit Document to which it is a party and (2) the borrowings contemplated hereunder, certified by the Secretary or an Assistant Secretary or other authorized officer of such Foreign Subsidiary Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Administrative Agent and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded. Each borrowing by and Letter of Credit issued on behalf of any Borrower shall constitute a representation and warranty by the Company and such Borrower as of the date of such Loan and/or Letter of Credit that the conditions contained in this subsection 9.2 7.2 have been satisfied.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Arrow Electronics Inc)

Foreign Subsidiary Borrowers. In the case of the first requested borrowing by each Foreign Subsidiary Borrower, the Company shall deliver to the Administrative Agent on or prior to such date a copy of the resolutions, in form and substance satisfactory to the Administrative Agent, of the Board of Directors of such Foreign Arrow Electronics Credit Agreement Subsidiary Borrower authorizing (1) the execution, delivery and performance of each Credit Document to which it is a party and (2) the borrowings contemplated hereunder, certified by the Secretary or an Assistant Secretary or other authorized officer of such Foreign Subsidiary Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Administrative Agent and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded. Each borrowing by and Letter of Credit issued on behalf of any Borrower shall constitute a representation and warranty by the Company and such Borrower as of the date of such Loan and/or Letter of Credit that the conditions contained in this subsection 9.2 have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics Inc)

Foreign Subsidiary Borrowers. In the case of the first requested borrowing by each Foreign Subsidiary Borrower, the Company shall deliver to the Administrative Agent (i) on or prior to such date a copy of the resolutions, in form and substance satisfactory to the Administrative Agent, of the Board of Directors of such Foreign Subsidiary Borrower authorizing (1) the execution, delivery and performance of each Credit Document to which it is a party and (2) the borrowings contemplated hereunder, certified by the Secretary or an Assistant Secretary or other authorized officer of such Foreign Subsidiary Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Administrative Agent and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescindedrescinded and (ii) five (5) Business Days prior to such date any additional information requested by the Lenders in connection with Section 14.17. Each borrowing by and Letter of Credit issued on behalf of any Borrower shall constitute a representation and warranty by the Company and such Borrower as of the date of such Loan and/or Letter of Credit that the conditions contained in this subsection 9.2 have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics Inc)

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Foreign Subsidiary Borrowers. In the case of the first requested borrowing by each Foreign Subsidiary Borrower, the Company shall deliver to the Administrative Agent (i) on or prior to such date a copy of the resolutions, in form and substance satisfactory to the Administrative Agent, of the Board of Directors of such Foreign Subsidiary Borrower authorizing (1) the execution, delivery and performance of each Credit Document to which it is a party and (2) the borrowings contemplated hereunder, certified by the Secretary or an Assistant Secretary or other authorized officer of such Foreign Subsidiary Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Administrative Agent and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescindedrescinded and (ii) five (5) Business Days prior to such date any additional information requested by the Banks in connection with Section 15.17. Each borrowing by and Letter of Credit issued on behalf of any Borrower shall constitute a representation and warranty by the Company and such Borrower as of the date of such Loan and/or Letter of Credit that the conditions contained in this subsection 9.2 10.2 have been satisfied.

Appears in 1 contract

Samples: Five Year Credit Agreement (Arrow Electronics Inc)

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