Examples of Australian Note in a sentence
The Australian Borrower irrevocably authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Australian Loan or at the time of receipt of any payment of principal on such Lender's Australian Note, an appropriate notation on such Lender's Australian Note Record reflecting the making of such Australian Loan or (as the case may be) the receipt of such payment.
The Australian Loans shall be evidenced by separate promissory notes of the Australian Borrower in substantially the form of Exhibit A-2 hereto (each an "Australian Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with ss.
At all relevant times (including at the date of this Agreement, at Closing and at all times whilst the Australian Note is a binding legal agreement between the Noteholder and the Borrower (as defined in the Australian Note)), the Borrower (as defined in the Australian Note) will not be a ‘foreign person’ as that term is defined under the Foreign Acquisitions and Takeovers Xxx 0000 (Cth), Australia.
In furtherance and not in limitation of the foregoing, each Note Party shall take such actions as the Trustee, Collateral Agent or Holder may reasonably request from time to time to ensure that the Notes and the Note Obligations are guaranteed by the Guarantors and are secured by all of the assets (other than Excluded Property) of the Canadian Note Parties, the Australian Note Parties, and the U.S. Note Parties and all of the outstanding Capital Stock of the Note Parties (other than the Company).
As soon as practicable upon the effectiveness of this Amendment, each Lender holding an Australian Note, UK Note or Co-Borrower Note previously delivered to such Lender under the Credit Agreement (prior to giving effect to this Amendment) that has been superseded and replaced by an amended and restated Australian Note, UK Note or Co-Borrower Note,as applicable, delivered to such Lender pursuant to this Amendment shall return such superseded note, marked “cancelled”, to the Borrowers.
The outstanding amount of the Australian Loans set forth on such Lender's Australian Note Record shall be prima facie evidence of the principal amount thereof owing and unpaid to such Lender, but the failure to record, or any error in so recording, any such amount on such Lender's Australian Note Record shall not limit or otherwise affect the obligations of the Australian Borrower hereunder or under any Australian Note to make payments of principal of or interest on any Australian Note when due.
One Australian Note shall be payable to the order of each Lender in a principal amount equal to such Lender's Commitment Percentage of the UK/Australian Sublimit or, if less, the outstanding amount of all Australian Loans made by such Lender, plus interest accrued thereon, as set forth below.
The Australian Borrower irrevocably authorizes each Lender to make or cause to be made, at or about the time of the Drawdown Date of any Australian Loan or at the time of receipt of any payment of principal on such Lender's applicable Australian Note, an appropriate notation on such Lender's applicable Australian Note Record reflecting the making of such Australian Loan or (as the case may be) the receipt of such payment.
Upon the request of any Lender to the Australian Borrower, such Lender's Australian Loans shall be evidenced by separate promissory notes of the Australian Borrower in substantially the form of Exhibit A-2 hereto (each an "Australian Note"), dated as of the Closing Date (or such other date on which a Lender may become a party hereto in accordance with Section 15 hereof) and completed with appropriate insertions.
As soon as practicable upon the effectiveness of this Amendment, each Lender holding an Australian Note, UK Note or Co-Borrower Note previously delivered to such Lender under the Credit Agreement (prior to giving effect to this Amendment) that has been superseded and replaced by an amended and restated Australian Note, UK Note or Co-Borrower Note, as applicable, delivered to such Lender pursuant to this Amendment shall return such superseded note, marked “cancelled”, to the Borrowers.