Examples of Apex Sweden in a sentence
Notwithstanding the foregoing, nothing shall prevent Apex, Apex Sweden, Apex Luxembourg, AMM, ASC Bolivia or Service Company from taking any actions in connection with any such filing required under applicable Law, provided that no such filing shall excuse Apex, Reorganized Apex, any Seller or any other Apex Affiliate from any of its obligations under this Agreement or any other Transaction Document.
The Lender agrees, provided that Apex Sweden has complied with Section 4.1 of this First Amendment, to fund a Shareholder Loan of US$4,900,000 to Borrower on or before October 2, 2008, and otherwise on terms and conditions substantially similar to other outstanding Shareholder Loans from Lender to Borrower.
Apex Sweden is the holder of, and has good and valid title to, the Shareholder Loans, free and clear of all Liens and Restrictions other than (i) created by this Agreement, (ii) imposed by applicable Law or the Governing Documents of MSC generally on all loans from its shareholders, (iii) under the MSC Shareholders Agreement or (iv) existing under the Financing Documents.
To the extent within the control of Apex, Apex shall cause Apex Sweden, Apex Luxembourg, AMM, ASC Bolivia and Service Company to meet their respective obligations through the Closing Date to prevent the filing of Insolvency Proceedings.
Each of the Borrower, Apex Metals, Apex Sweden and Apex Luxembourg shall notify the Secured Parties and PRI Insurers not more than 30 days after receiving the terms of such settlement offer, and the Secured Parties and the PRI Insurers shall agree to accept or reject such settlement within 45 days following receipt of such notice (or, if disclosed to the Secured Parties, such shorter period as may be required by the terms of such settlement offer, but in no event less than 30 days).
All amounts required to be paid to Apex Sweden under this Agreement shall be paid to Apex Sweden in full and in a timely manner without assertion of any right of offset, counterclaim, withholding, deduction, right of cross-collateralization, or right of reduction on account of any obligations.
Apex represents and warrants with respect to itself, Apex Sweden, Apex Luxembourg, Old Metals, and Service Company to Sumitomo that the statements contained in this Section 3.1 are true, correct, and complete as of the date of this Agreement (except to the extent such representation and warranty specifically speaks as of a different date).
Apex, Apex Luxembourg, Apex Sweden, Service Company and ASC Bolivia are sometimes referred to individually as a “Seller” and collectively as the “Sellers”, and any Sumitomo Affiliate that Sumitomo designates as a purchaser of the Purchased Properties are sometimes referred to individually as an “SC Designated Purchaser” and collectively, together with Sumitomo and SC Minerals, the “Purchasers”.
Sumitomo represents and warrants with respect to itself to Apex, Apex Sweden, and Apex Luxembourg that the statements contained in this Section 3.2 are true, correct, and complete as of the date of this Agreement (except to the extent such representation and warranty specifically speaks as of a different date).
Each of Apex Luxembourg and Apex Sweden agrees that except as contemplated by the Transfer Restrictions Agreement it shall not permit the Organizational Documents of Apex Metals to be amended or modified in any manner that would deprive the holders of the Apex Metals Quotas of control of Apex Metals.