Common use of Qualified Foreign Lender Notes Clause in Contracts

Qualified Foreign Lender Notes. (a) Any Lender that is not a "bank" within the meaning of Section 881(c)(3)(A) of the Code and that is in compliance with the requirements of subsection 4.1(f)(i) (a "Qualified Foreign Lender") shall upon receipt of the written request of US Borrower or the Administrative Agent, and may upon its own written request to the Administrative Agent, (i) exchange any Tranche A-US Term Note held by or assigned to it for a note in the form attached hereto as Exhibit H-7 (a "QFL A-US Note"), (ii) exchange any Tranche A-CHF Term Note held by or assigned to it for a note in the form attached hereto as Exhibit H-8 (a "QFL A-CHF Note"), and (iii) exchange any Tranche A-UK Term Note held by or assigned to it for a note in the form attached hereto as Exhibit H-9 (a "QFL A-UK Note" and together with the QFL A-US Note and the QFL B Note, the "QFL Notes"); provided, however that, prior to any exchange of Notes, such Lender shall have delivered to US Borrower the certificates, documents and forms described in subsection 4.1(f)(i). Any QFL Notes issued in exchange for any existing Notes pursuant to this subsection 2.23(a) shall be (i) dated the Original Closing Date, (ii) issued in the names of the entities in whose names such existing Notes were issued and (iii) issued in the same principal amounts as such existing Notes. Any Tranche A-CHF Term Note, Tranche A-UK Term Note or Tranche A-US Term Note exchanged pursuant to this subsection is sometimes referred to herein as an "Exchange Note".

Appears in 2 contracts

Samples: Credit Agreement (Mt Investors Inc), Credit Agreement (Mt Investors Inc/)

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Qualified Foreign Lender Notes. (a) Any Lender that is not a "bank" within the meaning of Section 881(c)(3)(A) of the Code and that is in compliance with the requirements of subsection 4.1(f)(i4.11(b)(Y) of this Agreement (a "Qualified Foreign Lender") shall upon receipt of the written request of US the Borrower or the Administrative Agent, and may upon its own written request to the Administrative Agent, (i) exchange any Revolving Credit Note held by or assigned to it for a QFL Revolving Credit Note in the form attached hereto as Exhibit A-6 (a "QFL Revolving Credit Note"), (ii) exchange any Tranche A-US A Term Note held by or assigned to it for a note QFL Tranche A Term Note in the form attached hereto as Exhibit H-7 A-7 (a "QFL A-US Tranche A Term Note"), (iiiii) exchange any Tranche A-CHF B Term Note held by or assigned to it for a note QFL Tranche B Term Note in the form attached hereto as Exhibit H-8 A-8 (a "QFL A-CHF Tranche B Term Note"), ) and (iiiiv) exchange any Tranche AMulti-UK Draw Term Note held by or assigned an assignment to it for a note QFL Multi-Draw Term Note in the form attached hereto as Exhibit H-9 A-9 (a "QFL AMulti-UK Draw Term Note" and "; together with the any QFL A-US Note Revolving Credit Notes, QFL Tranche A Term Notes and the QFL Tranche B Term Note, the "QFL Notes"); provided, however provided that, prior to any exchange of Notes, such Lender shall have delivered to US the Borrower the certificates, documents and forms described in subsection 4.1(f)(i)Section 4.11(b)(Y) of this Agreement. Any QFL Notes issued in exchange for any existing Notes pursuant to this subsection 2.23(a) shall be (i) dated the Original Closing Effective Date, (ii) issued in the names of the entities in whose names such existing Notes were issued and (iii) issued in the same principal amounts as such existing Notes. Any Revolving Credit Note, Tranche A-CHF A Term Note, Tranche A-UK B Term Note or Tranche Aand Multi-US Draw Term Note exchanged pursuant to this subsection is sometimes referred to herein as an exchange note ("Exchange Note").

Appears in 1 contract

Samples: Credit Agreement (Us Office Products Co)

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Qualified Foreign Lender Notes. (a) Any Lender that is not a "bank" within the meaning of Section 881(c)(3)(A) of the Code and that is in compliance with the requirements of subsection 4.1(f)(i) (a "Qualified Foreign Lender") shall upon receipt of the written request of US Borrower or the Administrative Agent, and may upon its own written request to the Administrative Agent, (i) exchange any Tranche A-US Term Note held by or assigned to it for a note in the form attached hereto as Exhibit H-7 (a "QFL A-US Note"), (ii) exchange any Tranche A-CHF B Term Note held by or assigned to it for a note in the form attached hereto as Exhibit H-8 (a "QFL A-CHF B Note"), and (iii) exchange any Tranche A-UK Term Note held by or assigned to it for a note in the form attached hereto as Exhibit H-9 (a "QFL A-UK Note" and together with the QFL A-US Note and the QFL B Note, the "QFL Notes"); provided, however that, prior to any exchange of Notes, such Lender shall have delivered to US Borrower the certificates, documents and forms described in subsection 4.1(f)(i). Any QFL Notes issued in exchange for any existing Notes pursuant to this subsection 2.23(a) shall be (i) dated the Original Closing Date, (ii) issued in the names of the entities in whose names such existing Notes were issued and (iii) issued in the same principal amounts as such existing Notes. Any Tranche A-CHF Term Note, Tranche A-UK B Term Note or Tranche A-US Term Note exchanged pursuant to this subsection is sometimes referred to herein as an "Exchange Note".

Appears in 1 contract

Samples: Credit Agreement (Mt Investors Inc)

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