Common use of US Borrower Clause in Contracts

US Borrower. (a) Each Borrower will ensure that the proceeds of any loan made to the US Borrower by UPC Distribution or UPC Holding II and the proceeds of any drawing made by the US Borrower under Facility C shall be invested by way of intercompany loan or equity subscription in one or more other members of the Borrower Group within five Business Days of receipt of such proceeds or, as the case may be, the relevant Utilisation Date. (b) Each Obligor (other than UPC Distribution Holdco) will ensure that, in accordance with the terms of any pledge of intercompany loans made by the US Borrower, any intercompany loan made by the US Borrower to any Obligor or any Subsidiary of an Obligor which is a member of the Borrower Group is made on bona fide arm’s length commercial terms or on terms which are fair and reasonable and in the best interests of the US Borrower and entered into in good faith.

Appears in 2 contracts

Samples: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)

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US Borrower. (a) Each Borrower will ensure that the proceeds of any loan made to the US Borrower by UPC Distribution Broadband or UPC Holding II and the proceeds of any drawing made by the US Borrower under Facility C shall be invested by way of intercompany loan or equity subscription in one or more other members of the Borrower Group within five Business Days of receipt of such proceeds or, as the case may be, the relevant Utilisation Date. (b) Each Obligor (other than UPC Distribution Broadband Holdco) will ensure that, in accordance with the terms of any pledge of intercompany loans made by the US Borrower, any intercompany loan made by the US Borrower to any Obligor or any Subsidiary of an Obligor which is a member of the Borrower Group is made on bona fide arm’s length commercial terms or on terms which are fair and reasonable and in the best interests of the US Borrower and entered into in good faith.

Appears in 1 contract

Samples: Credit Agreement (Liberty Global, Inc.)

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US Borrower. (a) Each Borrower will ensure that the proceeds of any loan made to the US Borrower by UPC Distribution Broadband or UPC Holding II and the proceeds of any drawing made by the US Borrower under Facility C shall be invested by way of intercompany loan or equity subscription in one or more other members of the Borrower Group within five Business Days of receipt of such proceeds or, as the case may be, the relevant Utilisation Date. (b) Each Obligor (other than UPC Distribution Broadband Holdco) will ensure that, in accordance with the terms of any pledge of intercompany loans made by the US Borrower, any intercompany loan made by the US Borrower to any Obligor or any Subsidiary of an Obligor which is a member of the Borrower Group is made on bona fide arm’s 's length commercial terms or on terms which are fair and reasonable and in the best interests of the US Borrower and entered into in good faith.

Appears in 1 contract

Samples: Credit Agreement (Unitedglobalcom Inc)

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