Apex Sweden definition
Examples of Apex Sweden in a sentence
Neither Apex Sweden nor Apex Luxembourg shall be the subject of any Insolvency Proceeding.
Each of the Parties hereto shall have executed and delivered an original counterpart of this Second Amendment and each of Apex Sweden and Apex Luxembourg S.À.▇.▇.
Sumitomo shall pay all transfer, documentary, sales, use, stamp, registration and other similar Taxes and fees (including any monetary adjustments, penalties and interest), but excluding any other Taxes such as income, profits, excise, franchise or withholding taxes, incurred on the transfer by Apex Sweden to Sumitomo of the New Sweden 1 Acquired Shares and the New Sweden 2 Acquired Shares.
In accordance with the foregoing, if a Silver Payment Adjustment Event occurs, then Apex Sweden shall promptly provide Sumitomo written notice of same (a “Silver Payment Adjustment Notice”).
Such amount shall be paid in Dollars by wire transfer in immediately available funds to the bank account of Sumitomo designated by it in writing to Apex Sweden.
Borrower agrees to waive any and all claims against Apex Luxembourg, and shall cause Apex Luxembourg to waive any and all claims Apex Luxembourg may have against Apex Sweden, for repayment of principal, accrued interest and any other related obligations outstanding on the intercompany loans made pursuant to Section 2.5, in the event Lender waives the payment of all Advances, accrued interest, Fees and Charges as described in this Section 2.10.
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).
The Secured Parties agree and acknowledge that they shall have no right in the proceeds of any dividend, distribution or return of capital paid in cash in compliance with Article IX following receipt thereof by Apex Luxembourg, Apex Sweden or Apex Metals.
Each of ASC Bolivia, Apex Luxembourg and Apex Sweden is Solvent and, after giving effect to the transactions contemplated by the Transaction Documents, will remain Solvent.
Each of Apex Sweden and Apex Luxembourg own, beneficially and of record, shares which together represent sixty-five percent (65%) of the issued and outstanding share capital of Minera San ▇▇▇▇▇▇▇▇▇ ▇.▇., a sociedad anónima organized under the Laws of Bolivia (“MSC”), with domicile at the city of Potosí, Bolivia, with register of commerce number 13681.