Original Loans. All original executed copies of such Loans are or, within 30 days of Purchase, will be in the custody of the Custodian except to the extent otherwise permitted pursuant to Section 6(b)(xiv).
Original Loans. All original executed copies of such Loans are in the custody of the Custodian, except to the extent otherwise permitted pursuant to Section 6(b)(xiv).
Original Loans. 2 1.2 Commitments................................................... 3 1.3
Original Loans. (a) The Original Banks have advanced loans to, and issued, or have participated in, letters of credit for the account of, the Borrower under the Original Credit Agreement, the aggregate principal amount of which, together with the Original Letter of Credit Outstandings, at June 15, 1995 was $134,790,020. Of such aggregate outstanding amount, $54,000,000 was advanced as Original Revolving Loans; $41,645,649 represented the aggregate amount of Original Letter of Credit Outstandings; and $39,144,371 was advanced as Original B Term Loans. All of such amounts continue to be Obligations secured by the Collateral. Pursuant to the terms of the Original Credit Agreement, the Original RL Banks severally agreed to make loans to the Borrower under the Orixxxxx Xxvolving Credit Facility in an aggregate amount of up to $100,000,000 (the "Original Revolving Commitment"). The amount set forth opposite each relevant Original Bank's name on Schedule III hereto directly under the headings "Original Revolving Commitment," "Original Revolving Loans," and "Original B Term Loans" are (A) the corresponding amounts of the Original Revolving Commitment, Original Revolving Loans and Original B Term Loans, respectively, for each such relevant Original Bank under the Original Credit Agreement as of June 15, 1995 and (B) for each such relevant Original Bank, amended and restated hereunder as the following: (i) the amount representing such Original Bank's Original Revolving Commitment is amended and restated hereby as the initial Revolving Commitment for such Original Bank (collectively, the "Initial Revolving Commitments"), (ii) amounts advanced under the Original Credit Agreement by such Original Bank as Original Revolving Loans are amended and restated hereby as the initial Revolving Loans of such Original Bank (collectively, the "Initial Revolving Loans"); and (iii) amounts advanced under the Original Credit Agreement by such Original Bank as Original B Term Loans are amended and restated hereby as the initial Term Loans of such Original Bank (collectively, the "Initial Term Loans"). Each of the Existing Letters of Credit shall be deemed to be Letters of Credit issued and outstanding hereunder.
Original Loans. Each of the Borrowers acknowledges and confirms that (1) Lenders collectively hold the Original Loans in the aggregate principal amount of Fifty-Six Million Dollars ($56,000,000) outstanding as of the Closing Date and (2) each Lender holds the Original Loans in the respective principal amounts (together with all interest due and accrued thereon) (with respect to each Lender, the "Original Loan Amount") outstanding immediately prior to the Closing Date set forth opposite its name on Schedule 2.1(a) hereto. Each of the Borrowers hereby represents, warrants, agrees, covenants and (1) reaffirms that it has no (and it permanently and irrevocably waives and releases Agent and Lenders from any, to the extent arising on or prior to the Closing Date) defense, set off, claim or counterclaim against Agent or any Lender in regard to its Obligations in respect of such Original Loans and (2) reaffirms its obligation to pay such Original Loans in accordance with the terms and conditions of this Agreement and the other Credit Documents. Based on the foregoing, each Borrower and each Lender agree that the Original Loans, and any amounts owed under the Original Credit Documents (whether or not presently due and payable, and including all interest accrued to the Closing Date, which interest shall be payable on the Closing Date) by the Borrowers to Lenders thereunder or in respect thereof, shall, as of the Closing Date, be converted to, maintained and continued as, and owed by the Borrowers, jointly and severally, under or in respect of, the Loan hereunder.
Original Loans. Lenders hereby set on record that the proceeds obtained hereby shall be used to refinance the Original Loans identified hereinbelow: (a) Original Loan by Banco Bilbao Vizcaya Argentaria, Chile: On May 24, 2007, Banco Bilbao Vizcaya Argentaria, Chile extended a short-term loan to D&S in the sum of 8,200,000,000 Pesos, which sum D&S to date owes to Banco Bilbao Vizcaya Argentaria, Chile, which is documented in promissory note number 05040143919600001197, signed by Borrower on May 24, 2007; (b) Original Loans by Banco Santander-Chile: (i) On May 29, 2007, Banco Santander-Chile extended a short-term loan to D&S in the sum of 20,000,000,000 Pesos, which sum D&S to date owes to Banco Santander -Chile, which is documented in promissory note number 00350181420007481623, signed by Borrower on May 29, 2007; (ii) On November 7, 2007, Banco Santander-Chile extended a short-term loan to D&S in the sum of 8,000,000,000 Pesos, which sum D&S to date owes to Banco Santander -Chile, which is documented in promissory note number 00350181420008013798, signed by Borrower on November 7, 2007; (iii) On February 12, 2008, Banco Santander-Chile extended a short-term loan to D&S in the sum of 25,000,000,000 Pesos, which sum D&S to date owes to Banco Santander -Chile, which is documented in promissory note number 00350181420008339618, signed by Borrower on November 7, 2007.
Original Loans. See the Recitals.
