Common use of Spanish Provisions Relating to Executive Proceedings Clause in Contracts

Spanish Provisions Relating to Executive Proceedings. (a) Spanish Public Documents: (i) At the reasonable request of the Administrative Agent or the Collateral Agent, this Agreement and any other Loan Document (as well as any amendments hereto or thereto and any accession deeds) shall be formalized as a Spanish Public Document, so that it may have the status of a notarial document of loan for all purposes contemplated in Article 517, numbers 4º or 5º (as applicable) of the Spanish Civil Procedural Law. Any costs and expenses relating to such formalization shall be paid and satisfied by the Spanish Loan Parties in accordance with this Agreement. (ii) Each Spanish Loan Party also undertakes to grant any public or private document reasonably required by the Administrative Agent for the purposes of or in relation to such Spanish Public Document. (iii) The costs of issuance of first copies (with and without enforcement title) of such Spanish Public Document shall be borne by the relevant Spanish Loan Party, and the cost regarding the issuance of additional copies will be borne by the Party requesting such additional copies. (iv) Each Spanish Loan Party undertakes that the Spanish Public Document shall: (1) expressly state that any Secured Party is entitled to claim (subject to any of the applicable guarantee limitations established and subject to compliance with the terms of this Agreement) amounts outstanding under the Loan Documents following any non-payment of principal or interest under this Agreement, in accordance with the terms of this Agreement. This does not prejudice the exercise of any other right and remedy of the Agent or any Finance Party; and (2) state any conditions that the Administrative Agent reasonably considers necessary or convenient in respect of the enforceability of the Loan Documents referred to in article 517 et seq. of the Spanish Civil Procedural Law (b) Enforcement proceedings: (i) Upon enforcement, the sum payable by any Spanish Loan Party shall be the total aggregate amount of the balance of the accounts maintained by the Administrative Agent (or the relevant Lender, as the case may be) pursuant to Section 8.09 (

Spanish Provisions Relating to Executive Proceedings. (a) Spanish Public Documents: (i) At the reasonable request of the Administrative Agent Trustee or the Collateral Agent, this Agreement Indenture, the Notes and any such other Loan Document applicable documents as may be necessary (as well as any supplemental indentures, amendments hereto or thereto and any accession deedsdeeds or joinder agreements) shall be formalized as a Spanish Public Document, so that it may have the status of a notarial document of loan for all purposes contemplated in Article 517, numbers 4º or 5º (as applicable) of the Spanish Civil Procedural Law. Any costs and expenses relating to such formalization shall be paid and satisfied by the relevant Spanish Loan Parties in accordance with this AgreementGuarantor. (ii) Each Spanish Loan Party Guarantor also undertakes to grant any public or private document reasonably required by the Administrative Trustee or the Collateral Agent for the purposes of or in relation to such Spanish Public Document. (iii) The costs of issuance of first copies (with and without enforcement title) of such Spanish Public Document shall be borne by the relevant Spanish Loan PartyGuarantor, and the cost regarding the issuance of additional copies will be borne by the Party party requesting such additional copies. (iv) Each Spanish Loan Party Guarantor undertakes that the Spanish Public Document shall: (1) expressly state that any Secured Party is the Collateral Agent, the Trustee and the Holders are entitled to claim (subject to any of the applicable guarantee limitations established and subject to compliance with the terms of this AgreementIndenture) amounts outstanding under the Loan this Indenture, Notes, Intercreditor Agreements or Security Documents following any non-payment of principal or interest under this AgreementIndenture, in accordance with the terms of this AgreementIndenture. This does not prejudice the exercise of any other right and remedy of the Agent Collateral Agent, the Trustee or any Finance Partythe Holders; and (2) state any conditions that the Administrative Collateral Agent and the Trustee reasonably considers consider necessary or convenient in respect of the enforceability of the Loan this Indenture, Notes, Intercreditor Agreements or Security Documents referred to in article 517 et seq. of the Spanish Civil Procedural Law. (b) Enforcement proceedings: (i) Upon enforcement, the sum payable by any Spanish Loan Party Guarantor shall be the total aggregate amount of the balance of the accounts maintained by the Administrative Collateral Agent or the Trustee in accordance with this Indenture. For the purposes of Articles 571 et seq. of the Spanish Civil Procedural Law, the Spanish Guarantors, the Collateral Agent and the Trustee expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law. (ii) For the purpose of the provisions of Art. 571 et seq. of the Spanish Civil Procedural Law, it is expressly agreed by the Spanish Guarantors, the Collateral Agent and the Trustee that the determination of the debt to be claimed through the executive proceedings shall be effected by the Collateral Agent or the Trustee by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (i) above. By virtue of the foregoing, to exercise executive action by the Collateral Agent or the Trustee it will be sufficient to present (1) an original notarial first or authentic copy of this Indenture (or Supplemental Indenture to the same), (2) a notarial certificate, if necessary, for the purposes described in paragraph (iii) below, (3) the notarial document (acta notarial) which incorporates the certificate issued by the Collateral Agent or the Trustee of the amount due by the Spanish Guarantor including an excerpt of the credits and debits, including the interest applied, which appear in the relevant Lenderaccount(s) referred to in paragraph (i) above, evidencing that the determination of the amounts due and payable by the Spanish Guarantor have been calculated as agreed in this Indenture and 113 that such amounts coincide with the case may bebalance of such accounts, and (4) pursuant a notarial document (acta notarial) evidencing that the Spanish Guarantor has been served notice of the amount that is due and payable. (iii) The amount of the balances so established shall be notified to Section 8.09 the Spanish Guarantor in an attestable manner at least three (3) Business Days in advance of exercising the executive action set out in paragraph (ii) above. (iv) The Spanish Guarantors hereby expressly authorize the Collateral Agent and the Trustee to request and obtain certificates and documents issued by the notary who has formalized this Indenture (or any Supplemental Indenture or amendment thereto) in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of numbers 4º or 5º (as applicable) of Article 517 of the Spanish Civil Procedural Law. The cost of such certificate and documents will be for the account of the Spanish Guarantor in the manner provided under this Indenture. (v) For the purposes of article 540.2 of the Spanish Civil Procedural Law, the Spanish Guarantors acknowledge and accept that, provided that the relevant assignment, transfer or change of Holders has been made in accordance with the terms of this Indenture, any assignment, transfer or change of Holders shall be duly and sufficiently evidenced to any Spanish court by means of a certificate issued by the Collateral Agent or the Trustee confirming who the Holders are in each moment, and therefore, those who are certified as Holders by the Collateral Agent or the Trustee shall be able to initiate enforcement in Spain through procedimiento ejecutivo without further evidence being required.

Spanish Provisions Relating to Executive Proceedings. (a) Spanish Public Documents: (i) At the reasonable request of the Administrative Agent Trustee or the Collateral Agent, this Agreement Indenture, the Notes and any such other Loan Document applicable documents as may be necessary (as well as any supplemental indentures, amendments hereto or thereto and any accession deedsdeeds or joinder agreements) shall be formalized as a Spanish Public Document, so that it may have the status of a notarial document of loan for all purposes contemplated in Article 517, numbers 4º or 5º (as applicable) of the Spanish Civil Procedural Law. Any costs and expenses relating to such formalization shall be paid and satisfied by the relevant Spanish Loan Parties in accordance with this AgreementGuarantor. (ii) Each Spanish Loan Party Guarantor also undertakes to grant any public or private document reasonably required by the Administrative Trustee or the Collateral Agent for the purposes of or in relation to such Spanish Public Document. (iii) The costs of issuance of first copies (with and without enforcement title) of such Spanish Public Document shall be borne by the relevant Spanish Loan PartyGuarantor, and the cost regarding the issuance of additional copies will be borne by the Party party requesting such additional copies. (iv) Each Spanish Loan Party Guarantor undertakes that the Spanish Public Document shall: (1) expressly state that any Secured Party is the Collateral Agent, the Trustee and the Holders are entitled to claim (subject to any of the applicable guarantee limitations established and subject to compliance with the terms of this AgreementIndenture) amounts outstanding under the Loan Indenture, Notes, Intercreditor Agreements or Security Documents following any non-payment of principal or interest under this AgreementIndenture, in accordance with the terms of this AgreementIndenture. This does not prejudice the exercise of any other right and remedy of the Agent Collateral Agent, the Trustee or any Finance Partythe Holders; and (2) state any conditions that the Administrative Collateral Agent and the Trustee reasonably considers consider necessary or convenient in respect of the enforceability of the Loan Indenture, Notes, Intercreditor Agreements or Security Documents referred to in article 517 et seq. of the Spanish Civil Procedural Law. (b) Enforcement proceedings: (i) Upon enforcement, the sum payable by any Spanish Loan Party Guarantor shall be the total aggregate amount of the balance of the accounts maintained by the Administrative Collateral Agent or the Trustee in accordance with this Indenture. For the purposes of Articles 571 et seq. of the Spanish Civil Procedural Law, the Spanish Guarantors, the Collateral Agent and the Trustee expressly agree that such balances shall be considered as due, liquid and payable and may be claimed pursuant to the same provisions of such law. (ii) For the purpose of the provisions of Art. 571 et seq. of the Spanish Civil Procedural Law, it is expressly agreed by the Spanish Guarantors, the Collateral Agent and the Trustee that the determination of the debt to be claimed through the executive proceedings shall be effected by the Collateral Agent or the Trustee by means of the appropriate certificate evidencing the balances shown in the relevant account(s) referred to in paragraph (i) above. By virtue of the foregoing, to exercise executive action by the Collateral Agent or the Trustee it will be sufficient to present (1) an original notarial first or authentic copy of this Indenture (or Supplemental Indenture to the same), (2) a notarial certificate, if necessary, for the purposes described in paragraph (iii) below, (3) the notarial document (acta notarial) which incorporates the certificate issued by the Collateral Agent or the Trustee of the amount due by the Spanish Guarantor including an excerpt of the credits and debits, including the interest applied, which appear in the relevant Lenderaccount(s) referred to in paragraph (i) above, evidencing that the determination of the amounts due and payable by the Spanish Guarantor have been calculated as agreed in this Indenture and that such amounts coincide with the case may bebalance of such accounts, and (4) pursuant a notarial document (acta notarial) evidencing that the Spanish Guarantor has been served notice of the amount that is due and payable. (iii) The amount of the balances so established shall be notified to Section 8.09 the Spanish Guarantor in an attestable manner at least three (3) Business Days in advance of exercising the executive action set out in paragraph (ii) above. (iv) The Spanish Guarantors hereby expressly authorize the Collateral Agent and the Trustee to request and obtain certificates and documents issued by the notary who has formalized this Indenture (or any Supplemental Indenture or amendment thereto) in order to evidence its compliance with the entries of his registry-book and the relevant entry date for the purpose of numbers 4º or 5º (as applicable) of Article 517 of the Spanish Civil Procedural Law. The cost of such certificate and documents will be for the account of the Spanish Guarantor in the manner provided under this Indenture. (v) For the purposes of article 540.2 of the Spanish Civil Procedural Law, the Spanish Guarantors acknowledge and accept that, provided that the relevant assignment, transfer or change of Holders has been made in accordance with the terms of this Indenture, any assignment, transfer or change of Holders shall be duly and sufficiently evidenced to any Spanish court by means of a certificate issued by the Collateral Agent or the Trustee confirming who the Holders are in each moment, and therefore, those who are certified as Holders by the Collateral Agent or the Trustee shall be able to initiate enforcement in Spain through procedimiento ejecutivo without further evidence being required.