PBGC Documents Sample Clauses

PBGC Documents. 62 13.2. Certified Copies of Charter Documents.........................63 13.3. Corporate Action..............................................63 13.4.
Sample 1
AutoNDA by SimpleDocs
PBGC Documents. At any time the PBGC Agreement, the PBGC Intercreditor Agreement, the PBGC Deeds of Trust, and (a) prior to the Term Loan Closing Date, the PBGC Pledge Agreement, and each other document, instrument or agreement related thereto, and (b) after the Term Loan Closing Date, the PBGC Deed Subordination Agreement, and each other document, instrument or agreement related thereto. PBGC Intercreditor Agreement. At any time, (a) prior to the Term Loan Closing Date, the Intercreditor Agreement, dated as of January 30, 1996, between the PBGC, Bank of America, Ravenswood Aluminum Corporation (now known as Century Aluminum of West Virginia, Inc.), Century Aluminum and Berkeley, as amended and in effect on the Initial Closing Date and (b) after the Term Loan Closing Date, the Intercreditor Agreement, dated or to be dated on or prior to the Term Loan Closing Date, among the Agent, the Collateral Agent, the PBGC, Century Aluminum and Century WV, and in form and substance satisfactory to the Lenders and the Agent.
Sample 1
PBGC Documents. Each of the Lenders shall have received from the Borrowers a copy, certified by an Authorized Officer of Century Aluminum to be true and complete on the Initial Closing Date, of each of the PBGC Documents executed and in full force and effect as of the Initial Closing Date, and which shall be in form and substance satisfactory to each of the Lenders.
Sample 1
PBGC Documents substance satisfactory to each of the Lenders. Each Lender shall have received a fully executed copy of each such document.
Sample 1

Related to PBGC Documents

  • Public Documents The Common Stock of the Borrower is registered pursuant to Section 12 of the Exchange Act and the Borrower is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act. The Borrower has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC, the Principal Trading Market, or any other Governmental Authority, as applicable (all of the foregoing filed within the two (2) years preceding the date hereof or amended after the date hereof and all exhibits included therein and financial statements and schedules thereto and documents incorporated by reference therein, being hereinafter referred to as the “Public Documents”). The Borrower is current with its filing obligations with the SEC, the Principal Trading Market, or any other Governmental Authority, as applicable, and all Public Documents have been filed on a timely basis by the Borrower. The Borrower represents and warrants that true and complete copies of the Public Documents are available on the SEC website or the Principal Trading Market website, as applicable (xxx.xxx.xxx, or xxx.xxxxxxxxxx.xxx) at no charge to Lender, and Lender acknowledges that it may retrieve all Public Documents from such websites and Lender’s access to such Public Documents through such website shall constitute delivery of the Public Documents to Lender; provided, however, that if Lender is unable to obtain any of such Public Documents from such websites at no charge, as result of such websites not being available or any other reason beyond Lender’s control, then upon request from Lender, the Borrower shall deliver to Lender true and complete copies of such Public Documents. The Borrower shall also deliver to Lender true and complete copies of all draft filings, reports, schedules, statements and other documents required to be filed with the requirements of the Principal Trading Market that have been prepared but not filed with the Principal Trading Market as of the date hereof. None of the Public Documents, at the time they were filed with the SEC, the Principal Trading Market, or other Governmental Authority, as applicable, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. None of the statements made in any such Public Documents is, or has been, required to be amended or updated under applicable law (except for such statements as have been amended or updated in subsequent filings prior the date hereof, which amendments or updates are also part of the Public Documents). As of their respective dates, the consolidated financial statements of the Borrower and its Subsidiaries included in the Public Documents complied in all material respects with applicable accounting requirements and any published rules and regulations of the SEC and Principal Trading Market with respect thereto.

  • Description of the Transaction Documents The Transaction Documents will conform in all material respects to the respective statements relating thereto contained in the Offering Memorandum.

  • Disclosure Documents 6.3 You and your agents shall not give any information or make any representations or statements on behalf of the Trust or concerning the Trust, the Underwriter or an Adviser, other than information or representations contained in and accurately derived from the registration statement or prospectus for the Trust shares (as such registration statement and prospectus may be amended or supplemented from time to time), annual and semi-annual reports of the Trust, Trust-sponsored proxy statements, or in Sales Literature/Promotional Material created by us for the Trust and provided by the Trust or its designee to you, except as required by legal process or regulatory authorities or with the written permission of the Trust or its designee.

  • Material Documents Seller has provided Purchaser with executed copies of all material agreements and documents, and any amendments thereto, relating to Seller’s acquisition of the Mortgage Servicing Rights and the servicing of the Mortgage Loans.

  • Formation Documents (i) With respect to the Issuing Entity, the Certificate of Trust and the Trust Agreement, (ii) with respect to the Grantor Trust, the Grantor Trust Certificate of Trust and the Grantor Trust Agreement, and (iii) with respect to the Depositor, the certificate of formation of the Depositor filed in Delaware, dated as of January 4, 2019 and the amended and restated limited liability company agreement of the Depositor, dated as of March 27, 2019, made by the Sponsor, as member.

  • Acquisition Documents Borrower has made available to Lender true and complete copies of all material agreements and instruments under which Borrower or any of its Affiliates or the seller of any of the Properties have remaining material rights or material obligations in respect of Borrower’s acquisition of the Properties.

  • Organic Documents Amend, modify or otherwise change any of its Organic Documents as in effect on the Closing Date.

  • Merger Documents The Merger Documents contain all the material terms and conditions of the Merger and are in full force and effect and there have been no amendments, variations or waivers to the Merger Documents (in whole or in part) other than amendments thereto or waivers thereunder (excluding any waiver of or as contemplated by Section 9.02(a) of the Merger Agreement) which are not material and adverse to the financing under this Agreement, the Alternative Bridge Facility Agreement or the Bridge Facility Agreement.

  • Equity Documents Each of the following documents and all other contracts and documents required in connection with the Equity Commitment:

  • Compliance with Transaction Documents The Company shall comply with, observe and timely perform each and every one of the covenants, agreements and obligations under the Transaction Documents.

Time is Money Join Law Insider Premium to draft better contracts faster.