Spanish Formalities. For the purpose of art. 571 et seq. of the Spanish Civil Procedural Act, it is hereby agreed that:
Spanish Formalities. As regards any legal proceedings relating to this Agreement against any or all of the Borrowers and Guarantors which are Spanish corporations:
Spanish Formalities. Upon the request of the Administrative Agent or the Collateral Agent, each Credit Party agrees that this Agreement and any other Loan Document to which it is a party (and any amendment to any of the foregoing) shall be formalized, at the sole cost and expense of the Credit Parties, in a Spanish notarial document (escritura pública or póliza intervenida).
Spanish Formalities. (a) At the reasonable request of the Administrative Agent, upon a Spanish Guarantor becoming a party to this Agreement, this Agreement shall be raised to public by means of the execution of a Spanish Public Document by the Spanish Guarantor and the Administrative Agent for the purposes contemplated in Article 517 et seq. of the Spanish Civil Procedural Act and other related provisions. Such Spanish Public Document will include an authorization in favor of the Administrative Agent, on behalf of each Secured Party, to determine the amounts due and payable under this Agreement, in accordance with this Agreement, that may be claimable in any executive proceeding for the purposes of Articles 571 et seq. of the Spanish Civil Procedural Act.
Spanish Formalities. 233229 SCHEDULES: Schedule 1.01(a) – Commitment Schedule Schedule 1.01(d) – Existing Letters of Credit Schedule 3.13 – Subsidiaries Schedule 3.15 – Labor Disputes Schedule 3.19 – Deposit Accounts and Securities Accounts Schedule 5.10 – Unrestricted Subsidiaries Schedule 5.17 – Post-Closing Matters Schedule 6.01 – Existing Indebtedness Schedule 6.02 – Existing Liens Schedule 6.06 – Existing Investments Schedule 6.07(s) – Dispositions Schedule 9.01 – Lead Borrower’s Website Address for Electronic Delivery; Administrative Agent’s Office EXHIBITS: Exhibit A-1 – Form of Assignment and Assumption Exhibit B-1 – Form of Borrowing Request Exhibit B-2 – Form of Letter of Credit Request Exhibit B-3 – Form of Swingline Loan Request Exhibit C – Form of Compliance Certificate Exhibit D – Form of Interest Election Request Exhibit E – Form of Perfection Certificate Exhibit F – Form of Perfection Certificate Supplement Exhibit G – Form of Promissory Note Exhibit H – [Reserved] Exhibit I – Form of Loan Guaranty Agreement Exhibit J – Form of US Security Agreement Exhibit K-1 – Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) Exhibit K-2 – Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) Exhibit K-3 – Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) Exhibit K-4 – Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) Exhibit L – Form of Solvency Certificate Exhibit M – Form of North American Borrowing Base Certificate Exhibit N – Form of Hedge Agreement Designation Notice Exhibit O – Form of ABL Intercreditor Agreement ABL CREDIT AGREEMENT ABL CREDIT AGREEMENT, dated as of August 4, 2017 (as amended pursuant to Amendment No. 1 to ABL Credit Agreement, dated as of March 30, 2018, amended and restated pursuant to Amendment No. 2 to ABL Credit Agreement, dated as of as of June 1, 2021, amended pursuant to Amendment No. 3 to ABL Credit Agreement, dated as of October 7, 2022, and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), by and among Hayward Intermediate, Inc., a Delaware corporation (“Holdings”), Hayward Industries, Inc., a New Jersey corporation (the “US Borrower”), Hayward Pool Products Canada, Inc. / ...
Spanish Formalities
