The Subordinated Loan. 2.1 Subject to the terms and conditions set forth in this Agreement, the Subordinated Lender has made available to the Issuer a loan (the "Subordinated Loan"), and the Issuer agreed to borrow such Subordinated Loan, which consisted of a loan tranche in the amount of GBP 390,427,064.35 in respect of the acquisition of the Initial Receivables (the "Initial Subordinated Loan Amount") made available on 20 November 2013 (the "Borrowing Date").
2.2 The obligation of the Subordinated Lender to make the Initial Subordinated Loan Amount available to the Issuer on the Borrowing Date was (or the obligation of the Subordinated Lender to make the Subordinated Loan Increase Amount on the Additional Borrowing Date will be) subject to the conditions precedent that:
(a) on or prior to the Borrowing Date (or the Additional Borrowing Date, as applicable), the Issuer had delivered, or caused to be delivered to the Subordinated Lender, in form and substance satisfactory to the Subordinated Lender, each of the following documents:
(i) a certified copy of the Issuer's Articles of Incorporation;
(ii) resolutions of the board of directors of the Issuer authorising the execution, delivery and performance by the Issuer of this Agreement;
(iii) a duly executed copy of the Receivables Purchase Agreement; and
(iv) such other approvals, documents, instruments, certificates and opinions as the Subordinated Lender may request;
(b) no Insolvency Event shall have occurred in respect of the Issuer and the Subordinated Lender; and
(c) each of the representations and warranties of the Issuer contained in Clause 4.2 (Representations and Warranties) were true, complete and correct on and as of the Borrowing Date (or the Additional Borrowing Date).
2.3 Subject to the terms of this Agreement, the Subordinated Xxxxxx agrees from time to time, upon receipt of a written request from the Issuer in a form as attached as Schedule 1 (the "Subordinated Loan Advance Notice"), to make additional advances hereunder to the Issuer (each, a "Subordinated Loan Increase Amount") on each Further Issue Date (each an "Additional Borrowing Date") up to a total of GBP 1,900,000,000. The Issuer shall ensure that each Subordinated Loan Advance Notice will be received by the Subordinated Lender no later than on the second Business Day prior to the relevant Additional Borrowing Date.
The Subordinated Loan. On the date hereof, the Investors shall lend to the Company and its Subsidiaries and the Company and its Subsidiaries shall borrow from the Investors, the aggregate principal amount of Five Hundred Thousand Dollars ($500,000), upon the terms and subject to the conditions of this Section 2.
The Subordinated Loan. Subject to the provisions of this Agreement, and relying upon the representations and warranties herein set forth as and when made or deemed to be made, the Investor will advance the principal amount of the Subordinated Loan to the Companies upon the satisfaction of the applicable conditions set forth in 0.
The Subordinated Loan. The Subordinated Loan Provider grants to the Issuer simultaneously with the issue by the Issuer of the Notes on the Closing Date and upon the terms and subject to the conditions of this Agreement, a subordinated euro loan facility in an aggregate amount of EUR 1,550,000,000 to be used to (i) pay part of the Initial Purchase Price in an amount of EUR 1,499,452,689.28 and (ii) credit the Reserve Account up to the Reserve Account Required Amount. The remaining part of the subordinated loan facility will be credited to the Issuer Collection Account.
The Subordinated Loan. Tranche Advance. GSRP and TFC agree that Subordinated Loan Tranche Advances may be made through December 31, 2001; Section 2 of the Existing SOI is hereby so amended. On the date on which the Final Steamboat Construction Cost Advance is made under Section 2 of the Fifth Amendment Agreement and subject to this First Amendment Agreement becoming effective on the First Amendment Effective Date, TFC agrees to advance to GSRP up to $3,058,336.15 (TFC agrees that such advance may be made in escrow pursuant to the escrow to be established under the Steamboat Settlement Agreement and the 2001 Escrow Letter, as such terms are defined in the Fifth Amendment Agreement; interest shall commence to accrue on such advance when made into such escrow). On each date thereafter on which a Steamboat Penthouse Construction Advance is made under the Fifth Amendment Agreement, TFC agrees to make a Subordinated Loan Tranche Advance to the extent of availability, if any, under the Amended SOI and further subject to the satisfaction of the conditions precedent set forth in Section 3(b), (c), (d) and (e) of the Existing SOI.
The Subordinated Loan
