Common use of Peruvian Notes Clause in Contracts

Peruvian Notes. HB Peru SAC's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law Xx. 00000 (Xxx xx Xxxxxxx Xxxxxxx), and substantially in the form of Schedule D. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SAC. On the Effective Date, HB Peru SAC shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement.

Peruvian Notes. HB Peru SAC's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law Xx. 00000 (Xxx xx Xxxxxxx Xxxxxxx), and substantially in the form of Schedule D. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SAC. On the Effective Date, HB Peru SAC shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement. Each Peruvian Note and Peruvian Note Completion Agreement provided to each Lender hereunder shall replace any and all original notes and their corresponding note completion agreements which were originally delivered to the lenders under the Original Credit Agreement, as applicable, pursuant to the Original Credit Agreement (it being agreed by the Lenders that, once the Peruvian Notes and Peruvian Note Completion Agreements have been delivered to the Lenders in accordance herewith, the Lenders shall not transfer their interest in the original note documents to any Person or enforce such original note documents and the Lenders shall return all original notes in their possession to the Borrower (or its Peruvian counsel) as promptly as practicable.

Peruvian Notes. HB Peru SAC's obligation as Obligor In case of an assignment by any Lender of all of its Loans, such Lender shall, at its option, (i) execute and deliver to pay the principal amount relevant assignee, an endorsement (endoso) of the Obligations owing each Peruvian Note to each Lender such assignee, together with accrued but unpaid interest thereon its corresponding Peruvian Notes Completion Agreement, or (ii) instruct the Administrative Agent to request the Peruvian Guarantors to execute a new Peruvian Note and all other amounts corresponding Peruvian Notes Completion Agreement identical in form and substance to the original Peruvian Note, and/or the corresponding Peruvian Notes Completion Agreement, in which case the Peruvian Guarantors shall execute and deliver to such assignee a new Peruvian Note evidencing the assigned Loans together with its corresponding Peruvian Notes Completion Agreement, not later than ten (10) Business Days after receipt of request thereof from time to time payable to each Lender under this the Administrative Agent and concurrently with the consummation of such assignment; provided that such new Peruvian Note and Peruvian Notes Completion Agreement shall be evidenced delivered in exchange for any existing Peruvian Notes and related Peruvian Notes Completion Agreements evidencing the assigned Loans. In case of an assignment by one or more xxxxxx incompleto (the "Peruvian Note" and collectivelyany Lender of only a portion of its Loans, the "Peruvian Notes"Guarantors shall, not later than ten (10) issued under Peruvian lawBusiness Days after receipt of a notice from the Administrative Agent that such Lender intends to assign a portion of its Loans, pursuant concurrently with the consummation of such assignment execute and deliver to article 10 of Peruvian Law Xx. 00000 (Xxx xx Xxxxxxx Xxxxxxx), and substantially in the form of Schedule D. Each relevant assignee a new Peruvian Note shall be (a) payable evidencing the Loans assigned to the order of the applicable Lendersuch assignee, (b) dated the Effective Date, (c) payable on the date referred to in the together with its corresponding Peruvian Note Notes Completion Agreement, and (d) subject to an aggregate 25% annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SAC. On the Effective Date, HB Peru SAC shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement.

Peruvian Notes. HB Peru SACThe Borrower's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law Xx. 00000 (Xxx xx Xxxxxxx Xxxxxxx), and substantially in the form of Schedule D. E. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC the Borrower on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SACthe Borrower. On the Effective Date, HB Peru SAC the Borrower shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E F (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC the Borrower authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement. Each Peruvian Note and Peruvian Note Completion Agreement provided to each Lender hereunder shall replace any and all original notes and their corresponding note completion agreements which were originally delivered to the lenders under the Original Credit Agreement, as applicable, pursuant to the Original Credit Agreement (it being agreed by the Lenders that, once the Peruvian Notes and Peruvian Note Completion Agreements have been delivered to the Lenders in accordance herewith, the Lenders shall not transfer their interest in the original note documents to any Person or enforce such original note documents and the Lenders shall return all original notes in their possession to the Borrower (or its Peruvian counsel) by no later than April 15, 2016).

Peruvian Notes. HB Peru SACThe Borrower's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law Xx. 00000 (Xxx xx Xxxxxxx Xxxxxxx), and substantially in the form of Schedule D. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC the Borrower on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SACthe Borrower. On the Effective Date, HB Peru SAC the Borrower shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC the Borrower authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement. Each Peruvian Note and Peruvian Note Completion Agreement provided to each Lender hereunder shall replace any and all original notes and their corresponding note completion agreements which were originally delivered to the lenders under the Original Credit Agreement, as applicable, pursuant to the Original Credit Agreement (it being agreed by the Lenders that, once the Peruvian Notes and Peruvian Note Completion Agreements have been delivered to the Lenders in accordance herewith, the Lenders shall not transfer their interest in the original note documents to any Person or enforce such original note documents and the Lenders shall return all original notes in their possession to the Borrower (or its Peruvian counsel) as promptly as practicable).

Peruvian Notes. HB Peru SACThe Borrower's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law Xx. 00000 (Xxx xx Xxxxxxx Xxxxxxx), and substantially in the form of Schedule D. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC the Borrower on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SACthe Borrower. On the Effective Date, HB Peru SAC the Borrower shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC the Borrower authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement. Each Peruvian Note and Peruvian Note Completion Agreement provided to each Lender hereunder shall replace any and all original notes and their corresponding note completion agreements which were originally delivered to the lenders under the Original Credit Agreement, as applicable, pursuant to the Original Credit Agreement (it being agreed by the Lenders that, once the Peruvian Notes and Peruvian Note Completion Agreements have been delivered to the Lenders in accordance herewith, the Lenders shall not transfer their interest in the original note documents to any Person or enforce such original note documents and the Lenders shall return all original notes in their possession to the Borrower (or its Peruvian counsel) by no later than October 31, 2017).

Peruvian Notes. HB Peru SACThe Borrower's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law XxNo. 00000 27287 (Xxx xx Xxxxxxx XxxxxxxLey de Títulos Valores), and substantially in the form of Schedule D. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% [REDACTED - COMMERCIALLY SENSITIVE INFORMATION] annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC the Borrower on account of the Peruvian Note in excess of what is payable hereunder, such Lender Xxxxxx shall return such excess amount to HB Peru SACthe Borrower. On the Effective Date, HB Peru SAC the Borrower shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC the Borrower authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement. Each Peruvian Note and Peruvian Note Completion Agreement provided to each Lender hereunder shall replace any and all original notes and their corresponding note completion agreements which were originally delivered to the lenders under the Original Credit Agreement, as applicable, pursuant to the Original Credit Agreement (it being agreed by the Lenders that, once the Peruvian Notes and Peruvian Note Completion Agreements have been delivered to the Lenders in accordance herewith, the Lenders shall not transfer their interest in the original note documents to any Person or enforce such original note documents and the Lenders shall return all original notes in their possession to the Borrower (or its Peruvian counsel) as promptly as practicable).

Peruvian Notes. HB Peru SAC's obligation as Obligor to pay the principal amount of the Obligations owing to each Lender together with accrued but unpaid interest thereon and all other amounts from time to time payable to each Lender under this Agreement shall be evidenced by one or more xxxxxx incompleto (the "Peruvian Note" and collectively, the "Peruvian Notes") issued under Peruvian law, pursuant to article 10 of Peruvian Law XxNo. 00000 27287 (Xxx xx Xxxxxxx XxxxxxxLey de Títulos Valores), and substantially in the form of Schedule D. Each Peruvian Note shall be (a) payable to the order of the applicable Lender, (b) dated the Effective Date, (c) payable on the date referred to in the Peruvian Note Completion Agreement, and (d) subject to an aggregate 25% [REDACTED - COMMERCIALLY SENSITIVE INFORMATION] annual simple interest rate on its face amount once completed; provided, however, that each Lender covenants to not demand and collect payment of any amount of interests on the Peruvian Note above what is applicable hereunder. If any Lender receives any amount of interest from HB Peru SAC on account of the Peruvian Note in excess of what is payable hereunder, such Lender shall return such excess amount to HB Peru SAC. On the Effective Date, HB Peru SAC shall provide the Agent for distribution to each Lender (i) a duly executed Peruvian Note for each Lender; and (ii) a duly executed note completion agreement, in substantially the form of Schedule E (each, a "Peruvian Note Completion Agreement") pursuant to which HB Peru SAC authorizes the applicable Lender to complete the Peruvian Note issued to its order in accordance with the rules set forth in such agreement. Each Peruvian Note and Peruvian Note Completion Agreement provided to each Lender hereunder shall replace any and all original notes and their corresponding note completion agreements which were originally delivered to the lenders under the Original Credit Agreement, as applicable, pursuant to the Original Credit Agreement (it being agreed by the Lenders that, once the Peruvian Notes and Peruvian Note Completion Agreements have been delivered to the Lenders in accordance herewith, the Lenders shall not transfer their interest in the original note documents to any Person or enforce such original note documents and the Lenders shall return all original notes in their possession to the Borrower (or its Peruvian counsel) as promptly as practicable).