Additional US Borrower definition

Additional US Borrower means any direct or indirect wholly-owned Subsidiary of Kinross Canada which (i) is incorporated, continued, organized or otherwise created in accordance with and continues to be governed by the laws of a state of the United States, (ii) is domiciled in the United States and (iii) has become a Borrower hereunder pursuant to Section 11.1(bb).
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Additional US Borrower each, direct or indirect, Wholly-Owned Domestic Subsidiary of the Parent Borrower set forth on the signature pages hereto as an Additional US Borrower and any Wholly-Owned Domestic Subsidiary of the Parent Borrower that is added as an Additional US Borrower hereunder with respect to the US Revolving Credit Facility in accordance with the provisions set forth in Section 10.1.
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Additional US Borrower means any US Restricted Subsidiary designated as an additional Borrower pursuant to Section 2.16;
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Examples of Additional US Borrower in a sentence

  • Within thirty (30) days after such service, Additional US Borrowers shall appear in answer to such process, failing which such Additional US Borrower shall be deemed in default and judgment may be entered by Lender against such Additional US Borrower for the amount of the claim and other relief requested.

  • Without limiting the generality of the foregoing, each Additional US Borrower hereby expressly agrees to observe and perform and be bound by all of the terms, covenants, representations, warranties, and agreements contained in the Credit Agreement which are binding upon, and to be observed or performed by, a US Borrower.

  • Each Additional US Borrower hereby waives personal service of any and all process upon it and consents that all such service of process may be made by certified mail (return receipt requested) directed to its address set forth herein and service so made shall be deemed to be completed five (5) days after the same shall have been so deposited in the US mails, or, at an Administrative Agent’s option, by service upon such Additional US Borrower in any other manner provided under the rules of any such courts.

  • On and after the effectiveness of this Assumption Agreement, each reference in the Security Agreement to the “Assignors,” or words to that effect shall mean and be a reference to the Company, each of the assignors signatory to the Security Agreement and each Additional US Borrower for all purposes of the Security Agreement.

  • On and after the effectiveness of this Joinder Agreement, each reference in the Credit Agreement and the other Financing Agreements to the “US Borrowers,” or words to that effect shall mean and be a reference to the Parent, each of the Credit Parties signatory to the Credit Agreement and each Additional US Borrower for all purposes of the Credit Agreement and each Financing Agreement.

  • LLC, as Additional US Borrower By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: President and Chief Executive Officer EDGEN GROUP, INC., as Parent By: /s/ Xxxxx X.

  • Section 9.14 of the Credit Agreement, as added by the First Amendment thereto, is renumbered to be Section 9.15 and is amended by inserting the following immediately after “and the US Borrower shall no longer serve as Guarantor” and immediately before the period at the end of such section: “of the obligations of the Canadian Borrower (but shall be a guarantor of the obligations of the Additional US Borrower as provided in Article X)”.

  • In accordance with Section 10.13 of the Security Agreement, by executing and delivering this Assumption Agreement, each Additional US Borrower hereby becomes an Assignor under the Security Agreement from and after the date hereof with the same force and effect as if originally an “Assignor” under the Security Agreement.

  • LLC, as Additional US Borrower] By: Name: Title: [EDGEN GROUP INC., as Parent] By: Name: Title: [EDG HOLDCO LLC, as a US Guarantor] By: Name: Title: ANNEX I Notice Information U.S. Revolving Credit Collateral Agent [_________________] [_________________] [_________________] [_________________] Attention: [_________________] Telecopy: [_________________] Notes Collateral Agent The Bank of New York Mellon Trust Company, N.A. 10000 Xxxxxxxxx Xxxx.

  • From and after the Second Amendment Effective Date, the Additional U.S. Borrower shall have the rights and obligations of a Borrower under the Amended Credit Agreement and under the other Loan Documents and shall be bound by the terms, conditions and provisions thereof.


More Definitions of Additional US Borrower

Additional US Borrower each Domestic Subsidiary that is a Wholly Owned Subsidiary of the Lead Borrower set forth on the signature pages hereto as an Additional US Borrower and any other Additional Borrower that is a Domestic Subsidiary.
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Additional US Borrower. Western Gas Partners, L.P., a limited partnership organized under the laws of the State of Delaware.
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Additional US Borrower has the meaning assigned to such term in the Preamble to this Agreement and includes any other Domestic Subsidiary of Parent added as a “U.S. Borrower” under the Revolving Credit Agreement after the date hereof.
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Related to Additional US Borrower

  • Additional Borrower means a company which becomes an Additional Borrower in accordance with Clause 25 (Changes to the Obligors).

  • Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.

  • Canadian Borrower as defined in the preamble hereto.

  • Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.

  • Parent Borrower as defined in the preamble hereto.

  • Existing Borrower s Re-Fix Rate" means at any date the fixed rate then being offered to those of the Seller's existing Borrowers who at that date are seeking to fix the rate of interest payable under their existing Fixed Rate Mortgage Loan with the Seller for the applicable period;

  • The Borrower has advised the Banks that the Borrower has entered into an Agreement and Plan of Merger and Reorganization, dated as of February 10, 2000 (the "Merger Agreement"), among the Borrower, Opticare Health Systems, Inc. (the "Parent"), and OC Acquisition Corp., a wholly-owned subsidiary of the Parent ("Merger Sub"), pursuant to which the parties intend to merge Merger Sub with and into the Borrower subject to the terms and conditions thereof which include, among other things, restructuring the Obligations owing to the Banks on terms and conditions mutually agreed upon by the Borrower and the Banks. While the Borrower and the Banks have initiated discussions and due diligence concerning the Merger and any proposed restructuring of the Obligations, the Borrower acknowledges that the Banks have not consented to the Merger nor have the Banks agreed to any terms and conditions relating to any restructuring of the Obligations. In the meantime, however, the Borrower intends to continue to sell the remaining physician practice management groups operated by the Borrower and its Subsidiaries (collectively being referred to herein as the "PPM Businesses") and use a portion of the proceeds from the sale of the PPM Businesses to meet its reasonable and necessary operating expenses. To afford the Borrower an opportunity to proceed with the transactions described above, the Borrower has requested that (i) the Banks extend the temporary waiver period provided for in Sections 2.1 and 2.2 of that certain Seventh Amendment and Waiver to Credit Agreement dated as of December 10, 1999, among the Borrower, the Banks, and the Agent (the "Seventh Amendment") (as further amended, in part, by a December 30, 1999, letter agreement, a February 29, 2000, letter agreement, a March 24, 2000, letter agreement, and an April 14, 2000, letter agreement, and a May 5, 2000, letter agreement, in each case between the Borrower, the Banks and the Agent) and, in addition, that the Banks temporarily waive any non-compliance by the Borrower as of December 31, 1999, and as of March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements, in each case to the earlier of June 2, 2000, or the termination of the Merger Agreement pursuant to its terms (the earlier of such dates being referred to herein as the "Waiver Termination Date"), (ii) Bank of Montreal extend the Bridge Loan Period from May 19, 2000, to the Waiver Termination Date, and (iii) postpone the due date for the payment of principal, interest and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date. By signing below, the Banks (including Bank of Montreal with respect to the Bridge Loan Commitment) hereby agree to extend the waiver period provided in Sections 2.1 and 2.2 of the Seventh Amendment from May 19, 2000, to the Waiver Termination Date, temporarily waive any non-compliance by the Borrower as of December 31, 1999, and March 31, 2000, with Sections 8.8 (Total Funded Debt/Adjusted EBITDA Ratio), 8.10 (Interest Coverage Ratio), and 8.11 (Debt Service Coverage Ratio) of the Credit Agreement and the Borrower's non-compliance with Section 8.5(b) of the Credit Agreement with respect to the timely delivery of the Borrower's March 31, 2000, financial statements through the period ending on the Waiver Termination Date, agree to extend the Bridge Loan Period to the Waiver Termination Date, and agree to postpone the due date for the payment of principal, interest, and unused commitment fees otherwise due on or before May 19, 2000, to the Waiver Termination Date, provided that:

  • Original Borrower means, as the context requires, any of them;

  • Initial Borrower has the meaning set forth in the preamble hereto.

  • Incremental Revolving Facility Lender means a Lender with an Incremental Revolving Facility Commitment or an outstanding Incremental Revolving Loan.

  • Additional Refinancing Lender has the meaning set forth in Section 2.15(a).

  • Subsidiary Borrower any Subsidiary of the Borrower that becomes a party hereto pursuant to Section 10.1(c)(i) until such time as such Subsidiary Borrower is removed as a party hereto pursuant to Section 10.1(c)(ii).

  • Subsidiary Borrowers means, collectively (i) each Domestic Subsidiary of the Company that is a party to this Agreement as a “Borrower” on the Effective Date and (ii) each Domestic Subsidiary of the Company that becomes a party to this Agreement as a “Borrower” following the Effective Date pursuant to Section 5.14, in each case, until such time as such Domestic Subsidiary is released from its obligations under the Loan Documents in accordance with this Agreement.

  • Designated Borrower has the meaning specified in the introductory paragraph hereto.

  • Domestic Subsidiary Borrower means any Subsidiary Borrower which is a Domestic Subsidiary.

  • Incremental Lender means an Incremental Revolving Lender or an Incremental Term Lender.

  • Dutch Borrower means any Borrower that is organized under the laws of the Netherlands.

  • Additional Credit Party means each Person that becomes a Guarantor by execution of a Joinder Agreement in accordance with Section 5.10.

  • Qualified borrower means any borrower that is a sponsoring entity that has a controlling interest in the real property that is financed by a qualified loan. A controlling interest includes, but is not limited to, a controlling interest in the general partner of a limited partnership that owns the real property.

  • Borrower as defined in the preamble hereto.

  • Additional Revolving Lender means any Lender with an Additional Revolving Credit Commitment or any Additional Revolving Credit Exposure.

  • Incremental Revolving Lender means a Lender with an Incremental Revolving Commitment.

  • Account Party has the meaning specified therefor in Section 2.11(h) of this Agreement.

  • Foreign Borrower means any Borrower that is a Foreign Subsidiary.