Australian Borrowers means, collectively, (a) the Initial Australian Borrowers; and (b) any Additional Co-Borrower incorporated or organized under the laws of Australia that becomes a party hereto after the date hereof.
Australian Borrowers means Apache Energy Limited and Apache Oil Australia.
Australian Borrowers has the meaning specified in the introductory paragraph hereto.
Examples of Australian Borrowers in a sentence
On any date of determination of the Australian Borrowing Base, all of the Inventory owned by the Australian Borrowers and reflected in the most recent Borrowing Base Certificate delivered by the Borrowers to the Administrative Agent shall be “Australian Eligible Inventory” for the purposes of this Agreement, except any Inventory to which any of the exclusionary criteria set forth below applies.
On any date of determination of the Australian Borrowing Base, all of the Accounts owned by the Australian Borrowers and reflected in the most recent Borrowing Base Certificate delivered by the Australian Borrowers to the Administrative Agent shall be “Australian Eligible Accounts” for the purposes of this Agreement, except any Account to which any of the exclusionary criteria set forth below applies.
Foreign Swingline Lender: (a) Bank of America (London) or an Affiliate of Bank of America (London) or (b) with respect to Australian Borrowers, Bank of America (Australia) or any Affiliate of Bank of America (Australia).
Each Foreign Lender agrees, severally on a Pro Rata basis up to its Foreign Revolver Commitment, on the terms set forth herein, to make Foreign Loans in Dollars, Euros, Sterling and, with respect to Australian Borrowers only, Australian Dollars to Foreign Borrowers from time to time through the Foreign Revolver Commitment Termination Date.
Within the foregoing limits, and subject to the other terms and conditions hereof, the Australian Borrowers may borrow under this Section 2.04, prepay under Section 2.05, and reborrow under this Section 2.04.
More Definitions of Australian Borrowers
Australian Borrowers means any Designated Borrowers that are identified as Australian Borrowers on Schedule 2.16 and any Australian Subsidiary that becomes a Designated Borrower pursuant to Section 2.16 after the Closing Date.
Australian Borrowers has the meaning specified in the introductory paragraph to this Agreement.
Australian Borrowers has the meaning specified in the introductory paragraph to this Agreement. “Australian Dollars” or “A$” means the lawful currency of Australia. “Australian Tax Act” means the Income Tax Assessment Act 1936 (Cth) (Australia) or the Income Tax Assessment Act 1997 (Cth) (Australia), as applicable. “Australian Withholding Tax” means any Tax imposed on or required to be withheld or deducted from any interest or other payment under Division 11A of Part III of the Australian Tax Act or Subdivision 12-F of Schedule 1 to the Taxation Administration Act 1953 (Cth) (Australia). “Availability” means U.S. Availability or Canadian Availability, as the context requires. “Availability Reserves” means, without duplication of any other reserves or items that are otherwise addressed or excluded through eligibility criteria, subject to Section 2.9, such reserves as the Agent, in its Reasonable Credit Judgment, determines as being appropriate to reflect any impediments to the realization upon any Collateral consisting of Eligible Merchandise and Consumables Inventory or Eligible Rental Equipment included in the U.S. Borrowing Base or Canadian Borrowing Base (including any claims that the Agent determines may need to be satisfied in connection with the realization upon such Collateral). “Available Incremental Amount” means, on any date, without duplication, an amount equal to the difference between (a) the sum of (i) the greater of (A) $1,500,000,000 and (B) Suppressed Availability (after giving pro forma effect to any Permitted Acquisitions and other Permitted Investments; provided that the aggregate amount of pro forma adjustments to Suppressed Availability for purposes of calculating the Available Incremental Amount shall be no greater than $500,000,000) and (ii) the amount of any voluntary reductions in Revolving Credit Commitments and (b) the sum of the aggregate principal amount of all Incremental ABL Term Loans made plus all Incremental Revolving Commitments established, in each case, prior to such date pursuant to Section 2.5 and that shall be outstanding as of such date (it being understood that any Incremental ABL Term Loans that shall be repaid, and any Incremental Revolving Commitment that shall be terminated, in connection with any proposed Incremental ABL Term Loans or Incremental Revolving Commitments shall not be deemed outstanding for purposes of this definition). “Available Tenor” means, as of any date of determination and with respect to the then-current Benc...
Australian Borrowers means X.X. X’Xxxxxx & Sons Pty Ltd, a company incorporated under the laws of Australia with ACN 005 242 142, and each other entity party hereto from time to time that contributes to the Australian Revolver Borrowing Base. “Australian Cash Rate” means for any day in respect of any Australian Base Rate Loans denominated in Australian Dollars, the interbank overnight cash rate in respect of that day calculated by the Reserve Bank of Australia, as such rate is displayed on the Reuters screen RBA30 page (or any successor page); provided that, if the rate displayed at such time shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement. If such rate does not appear on the Reuters screen RBA30 page (or any successor page) in respect of any day, the rate for that day will be as determined by the Agent (in consultation with the Australian Borrowers), as the case may be, in accordance with banking industry rules on interbank compensation. “Australian Collateral” means all assets and interests in assets and proceeds thereof now owned or hereafter acquired by the Australian Loan Parties or any of their Subsidiaries in or upon which a Lien is granted by such Person in favor of the Australian Security Trustee under any of the Loan Documents. “Australian Corporations Act” means the Corporations Act 2001 (Cth) of Australia. “Australian Deemed Floorplan Borrowing Base” means commencing on the Closing Date and continuing until Australian Deemed Borrowing Base Termination Date, with respect to any Australian Borrower, as of any date of determination, the result of: (a) 60% of the amount of Eligible Accounts owing to an Australian Borrower, less the amount, if any, of the Dilution Reserve with respect to an Australian Borrower, plus (b) the product of 25% multiplied by the value (calculated at the lower of cost or market on a basis consistent with Australian Borrower’s historical accounting practices) of Eligible Parts and Attachments Inventory owned by an Australian Borrower at such time, plus (c) the product of 38% multiplied by the value (calculated at the lower of cost or market on a basis consistent with Australian Borrower’s historical accounting practices) of Eligible Inventory (excluding Eligible Parts and Attachments Inventory) owned by an Australian Borrower at such time, plus (d) if requested by the Australian Borrower to the Agent as noted in the then current Australian Floorplan Borrowing Base Certificate (any such included reque...
Australian Borrowers. Penford Australia Limited By: /s/ Sxxxxx X. Xxxxxxx Name: Sxxxxx X. Xxxxxxx Title: Sr. VP, CFO, Secretary, Director Penford Holdings Pty. Limited By: /s/ Sxxxxx X. Xxxxxxx Name: Sxxxxx X. Xxxxxxx Title: Director
Australian Borrowers. SIGNED, SEALED AND DELIVERED ) by Xxxxxxx X. Xxxxxx ) as attorney for ) TRONOX AUSTRALIA HOLDINGS PTY LIMITED ) TRONOX AUSTRALIA PIGMENTS HOLDINGS PTY LIMITED ) ) TRONOX GLOBAL HOLDINGS PTY LIMITED ) TRONOX LIMITED ) TRONOX PIGMENTS AUSTRALIA HOLDINGS PTY LIMITED ) ) TRONOX PIGMENTS AUSTRALIA PTY LIMITED ) TRONOX PIGMENTS WESTERN AUSTRALIA PTY LIMITED ) TRONOX WORLDWIDE PTY LIMITED (F/K/A TRONOX WORLDWIDE LLC) under power of attorney dated 14 June 2012 in the presence of: Signature of witness By executing this agreement the attorney states that the attorney has received no notice of revocation of the power of attorney Name of witness (block letters) SECOND AMENDMENT TO REVOLVING SYNDICATED FACILITY AGREEMENT SIGNED, SEALED AND DELIVERED ) by Xxxxxxx X. Xxxxxx ) as attorney for ) TRONOX WESTERN AUSTRALIA PTY LTD under power of attorney dated 8 June 2012 in the presence of: ) ) ) )