Spanish Public Document. The Parties undertake to raise this Agreement to the status of a Spanish Public Document on the date it became a party to this Agreement. Such Spanish Public Document will:
Spanish Public Document. (A) This Agreement, as well as any amendment and restatement that affect the term, financial costs, repayment and maturity, prepayment events and events of default of the facilities regulated under this Agreement, shall be raised to public status at the discretion of the Administrative Agent and upon its request as soon as practicable by means of a Spanish Public Document only for the purposes contemplated in Article 517 et seq. of the Spanish Civil Procedural Law and other related provisions, any related notarization costs shall be borne according to Section 9.03.
(B) The Spanish Public Document:
(1) will have the effects established under articles 517 et seq. of the Spanish Civil Procedural Law; and
(2) may, at the decision of the Administrative Agent, include a translation into Spanish of this Clause 46 (Spanish formalities). Costs and expenses incurred in connection with such translation shall be borne according to Section 9.03.
(C) Each Party hereby expressly authorizes the Administrative Agent to request and obtain, from the Spanish public notary before whom any Loan Document has been notarized, any authorized copy (copia con efectos ejecutivos) of any Loan Document notarized.
Spanish Public Document. The Borrower and any Spanish Loan Parties undertake to raise (i) this Agreement; (ii) the Spanish Collateral Agreements; and, (iii) at the request of the Administrative Agent, any Loan Document entered into by a Spanish Loan Party, to the status of a Spanish Public Document before a Spanish notary public within ninety (90) Business Days from the Closing Date. Each Spanish Public Document will:
(a) have the effects established under articles 517 et seq. of the Spanish Civil Procedure Law; and
(b) may, at the decision of the Administrative Agent, include a translation into Spanish of this Clause
Spanish Public Document. The Parties undertake to raise this Agreement to the status of a Spanish Public Document on the date of this Agreement. Such Spanish Public Document will:
(a) have the effects established under the Third Additional Provision (Disposición Adicional Tercera) of Spanish Act 1/1999 and articles 1218 and 1227 of the Spanish Civil Code;
(b) have the effects established under articles 517 et seq. of the Spanish Civil Procedural Act; and
(c) for the purposes of articles 571 et seq. of the Spanish Civil Procedural Act, include an authorisation in favour of the Purchaser and the Transaction Administrator to determine the amounts due and payable under the Transaction Documents that may be claimable in any executive proceeding. Each Party hereby expressly authorises the Purchaser and the Transaction Administrator to request and obtain from the Spanish Notary Public before whom any Transaction Document has been formalised, any further copy of any Transaction Document notarised.
Spanish Public Document. The Parties undertake to raise this Agreement to the status of a Spanish Public Document on the date hereof. This Agreement been entered into on the date stated at the beginning of this Agreement. Ferro Spain S.A., as Spanish Originator and Spanish Servicer Name: Name: Title: Title: ING Belgique SA/NV, as Purchaser and as Transaction Administrator Name: Name: Title: Title: [[●]’s letterhead] From: [●] (the Company) To: [●] (the Purchaser) [●] Dear Sirs, This certificate (the Certificate) is being delivered to the Purchaser and the Transaction Administrator pursuant to the provisions of the receivables purchase and services agreement dated [●] (the RPA) entered into between, amongst others, the Company as originator, the Purchaser as purchaser and the Transaction Administrator as transaction administrator. The Certificate is being delivered in connection with the Company. Capitalised terms used in this Certificate but not defined herein shall bear the meanings ascribed to them in the RPA. We, authorised representatives of the Company, hereby certify on its behalf that having made all appropriate searches and investigations of the Company’s books, records and accounts (both management and those required by law):
Spanish Public Document. This Agreement (as well as any amendments hereto) shall be raised to a Spanish Public Document in the form of an escritura pública for, among others, the purposes contemplated in Article 517 et seq., Spanish Civil Procedural Act and other related provisions.
Spanish Public Document. Upon demand by the Administrative Agent or the Collateral Agents, each Spanish Obligor agrees to participate in the raising of this Agreement to the status of a Spanish Public Document (elevación a público).
Spanish Public Document. (a) The Parties agree, at the cost and expense of the Debtors, to raise to public document status by means of a Spanish Public Document, by the Debtors’ Agent and any other Spanish Obligor, this Agreement within fifteen (15) Business Days from the request made by the Security Agent, for the purposes contemplated in Article 517 et seq. of the Spanish Civil Procedural Law and other related provisions.
(b) For this purpose the Security Agent may act as the agent of each other Creditors and is hereby authorized on behalf of each Creditor to enter into, enforce the rights of each Creditor thereunder and represent each Creditor in respect of the granting on a Spanish Public Document.
Spanish Public Document. This Agreement and the Accession Deed shall be raised to a Spanish Public Document in the form of an escritura pública for, among others, the purposes contemplated in Article 517 et seq., Spanish Civil Procedural Act and other related provisions. For the avoidance of doubt, any Group Company, Third Party Security Provider or Senior Unsecured Security Provider shall assume any cost relating to the notarization in Spain of any Finance Document (other than this Agreement and the Accession Deed to be executed by the Spanish Debtor) nor of any Security Document (other than the Spanish Transaction Security Documents). THIS AGREEMENT has been entered into on the date stated at the beginning of this Agreement and executed as a deed by the Company, the Intra-Group Lender, Original Holdco and the Original Debtor and is intended to be and is delivered by them as a deed on the date specified above. THIS AGREEMENT is made on [·] and made between:
(1) [[Insert full name of New Debtor//Third Party Security Provider] (the Acceding Debtor)] / [[Insert full name of New Holdco] (the Acceeding Holdco)] / [[Insert full name of Senior Unsecured Security Provider] (the Acceeding Senior Unsecured Security Provider)];; and
(2) [Insert full name of current Security Agent] (the Security Agent), for itself and each of the other parties to the intercreditor agreement referred to below. This agreement is made on [date] by the [Acceding Debtor / Acceding Holdco / Acceding Senior Unsecured Security Provider] in relation to an intercreditor agreement (the Intercreditor Agreement) dated [·] 2021 between, amongst others, [·] as company, [·] as security agent, [·] as senior agent, [·], the other Creditors and the other Debtors (each as defined therein). The [Acceding Debtor / Acceding Holdco / Acceding Senior Unsecured Security Provider] intends to [incur Liabilities under the following documents]/[give a guarantee, indemnity or other assurance against loss in respect of Liabilities under the following documents]/[grant Security (as defined in the Intercreditor Agreement) in respect of Liabilities under the following documents]: [Insert details (date, parties and description) of relevant documents] the Relevant Documents. IT IS AGREED as follows:
Spanish Public Document. Upon the execution of the Accession Document by the Spanish Acceding Guarantor, this Agreement, the Intercreditor Agreement, and the Accession Document to be executed by the Spanish Acceding Guarantor shall be raised to a Spanish Public Document in the form of an escritura pública for, among others, the purposes contemplated in Article 517 et seq., Spanish Civil Procedural Act and other related provisions. THIS AGREEMENT has been entered into on the date stated at the beginning of this Agreement. 1 Original Obligors, UK Newco and AMC Topco.
(a) A copy of the Constitutional Documents of each Original Obligor, the UK Newco and the AMC Topco.
(b) If required or customary under the relevant local law, a copy of a resolution of the board of directors of each Original Obligor, UK Newco and AMC Topco:
