No Limitation on Right of Action. Nothing herein shall limit the right of the Junior Lender to commence any legal action against the Borrower and/or its property in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing herein shall limit the right of the Finance Parties to commence any legal action against the Borrower and/or its property in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing in this Deed shall limit the -------------------------------- right of the Security Agent or any other Finance Party to commence any legal action against any Obligor and/or its assets in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the Security Agent or any other Finance Party from taking proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing herein shall limit the right of either party to commence any legal action against the other and/or its property in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing herein shall limit the right of the Agent and the Lenders to commence any legal action against the Borrower and/or its property in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing herein shall limit the right of the Bank to commence any legal action against the Company and/or its property in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing in this Deed shall limit the -------------------------------- right of the Security Agent or any other Finance Party to commence any legal action against the Chargor and/or its assets in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the Security Agent or any other Finance Party from taking proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing in this Agreement shall limit the right of the Lender to commence any legal action against any Borrower and/or its assets in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the Lender from taking proceedings in any other jurisdiction whether concurrently or not. SIGNED for and on behalf of FABRINET SIGNED for and on behalf of FABRINET COMPANY LIMITED (Xxxxx X. Xxxxxxxx) (Seal) SIGNED for and on behalf of ABN AMRO Bank N.V. SCHEDULE 1 FORM OF CERTIFICATION REPORT To: ABN AMRO Bank N.V. Attention: [•] Dear Sir, Pursuant to Clause 4.2(b) of the US$ 35,000,000 Revolving Facility Agreement dated 15 December, 2006, we, Fabrinet, hereby provided the Certification Report confirming (i) details of Eligible Accounts Receivable and (ii) details of our Cash Balance and Total Funded Debts as at [•] as follows: [•] [•] [•] [•] [•] [•] [•] [•] [•] [•] [•] [•] [•] [•] [•] Total [•] We, Fabrinet, hereby confirm that (i) all of the above information is true and accurate as of the date of this Certification Report, (ii) each aging of receivables is complied with its trade terms specified under the relevant Sale and Purchase Agreement and (iii) all Balance of Eligible Accounts Receivable set out above is not overdue. Xxxxx X. Xxxxxxxx SCHEDULE 2 FORM OF THE PROMISSORY NOTE Promissory Note No: _______ Date of Issue: _______ Issued at: _______ Tranche: _______ irrevocably and unconditionally promises to pay the principal sum of US$_______ on _______, together with interest thereon computed at the rate of [•]% per annum, at ABN AMRO Bank N.V., at_______________________. Presentments for payment, protest, notices of protest, demand and notice of dishonour are hereby waived. In the event of commencement of suit to enforce payment of this Promissory Note, we agree to pay all collection costs (including attorney’s fees). This Promissory Note is one of the Promissory Notes referred to in that certain US$ 35,000,000 Facility Agreement (the “Agreement”) dated 15 December, 2006, among Fabrinet and Fabrinet Company Limited as co-borrowers, and the ABN AMRO Bank N.V. as Lender. It is subject to acceleration as provided in the Agreement. This Promissory Note shall be governed by the laws of the State of New York. For and on behalf of as issuer (Authorized Signatory) SCHEDULE 3 FORM OF UTILISATION REQUESTS From: [Borrower] To: ABN AMRO Bank N.V. Attention: [•] Dated: Dear Sirs
1. We refer...
No Limitation on Right of Action. Nothing herein shall limit the right of the Lender to commence any legal action against the Chargor and/or its property in any other jurisdiction or to serve process in any manner permitted by law, and the taking of proceedings in any jurisdiction shall not preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
No Limitation on Right of Action. Nothing herein shall limit the right of the Senior Creditors to commence any legal action against the Junior Creditors or the Borrower and/or their property in any other jurisdiction or to serve process in any manner permitted by law, and the initiation of proceedings in any jurisdiction shall not preclude the initiation of proceedings in any other jurisdiction whether concurrently or not.
