Austrian Borrower definition

Austrian Borrower means a Borrower incorporated in the Republic of Austria.
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Austrian Borrower has the meaning assigned to such term in the first paragraph of this Agreement or any permitted successor thereto.
Sample 1

Examples of Austrian Borrower in a sentence

  • Each Austrian Borrower represents and warrants to each Finance Party that it is acting as principal and for its own account and not as an agent or trustee or in any other capacity on behalf of any other party.

  • Must possess or be willing to obtain a CDL License with passenger and school bus endorsement within 3 months of Employment.

  • No, we are far from able to dictate the price of every commodity.

  • Nothing in this Agreement shall be construed to create any obligation of the Austrian Borrower or the Austrian Guarantors (each, an “Austrian Obligor”) to act in violation of mandatory Austrian capital maintenance rules (Kapitalerhaltungsvorschriften) including, without limitation, § 82 et seq.

  • The Austrian Loan As is customary in many Austrian commercial property transactions, the Austrian Loan is secured by a springing mortgage, which means an irrevocable offer to conclude a deed of mortgage over the Austrian Property, executed by the Austrian Borrower (the "Springing Mortgage").

  • With respect to Base Rate Loans advanced to the U.K. Borrower, the Austrian Borrower or the German Borrower, Fleet U.K., and in all other cases, FCC, as fronting bank and any other Person who replaces FCC or Fleet U.K., as the case may be, as Fronting Bank pursuant to the provisions of Section 2.11.3 hereof, provided, for purposes of this Credit Agreement, in the event the Fronting Bank is also a Lender.

  • With respect to Letters of Credit issued for the account of any of Hexcel, the Austrian Borrower or the German Borrower, Fleet and, with respect to Letters of Credit issued for the account of the U.K. Borrower, Fleet U.K. LC GUARANTY.

  • If an Austrian Registration Event has occurred the Austrian Borrower will become liable for the costs associated with the registration of the Springing Mortgage and funds standing to the credit of the Austrian Borrower Reserve Account will be applied to cover the costs for, and the stamp duty incurred by, a subsequent countersigning and registration of the Springing Mortgage.

  • Each Eurocurrency Rate Loan (a) to the U.K. Borrower shall be denominated in Dollars, or, subject to Section 2.10 hereof, in Pounds Sterling or Euros and (b) to the Austrian Borrower or the German Borrower shall be denominated in Dollars, or, subject to Section 2.10 hereof, in Euros.

Related to Austrian Borrower

  • Canadian Borrower as defined in the preamble hereto.

  • German Borrower means (a) any Borrower that is a resident for tax purposes in Germany and (b) any Borrower in respect of which written notice is given to the Administrative Agent (by the Company) prior to that Borrower becoming a Borrower hereunder that such Borrower is resident in Germany for German tax purposes.

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

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

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

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

  • UK Borrower means any Borrower (i) that is organized or formed under the laws of the United Kingdom or (ii) payments from which under this Agreement or any other Loan Document are subject to withholding Taxes imposed by the laws of the United Kingdom.

  • Foreign Borrowers means the Canadian Borrower, the Dutch Borrower, and the U.K. Borrowers.

  • Swiss Borrower means a Borrower incorporated in Switzerland and/or having its registered office in Switzerland and/or qualifying as a Swiss resident pursuant to Art. 9 of the Swiss Federal Withholding Tax Act.

  • Canadian Borrowers has the meaning specified in the preamble to this Agreement.

  • Domestic Credit Party means any Credit Party that is organized under the laws of any State of the United States or the District of Columbia.

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

  • 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.

  • UK Borrowers shall have the meaning assigned to such term in the preamble hereto.

  • U.S. Borrowers shall have the meaning provided in the first paragraph of this Agreement.

  • Foreign Subsidiary Borrower means any Eligible Foreign Subsidiary that becomes a Foreign Subsidiary Borrower pursuant to Section 2.23 and that has not ceased to be a Foreign Subsidiary Borrower pursuant to such Section.

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

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

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

  • Parent Borrower as defined in the preamble hereto.

  • Domestic Loan Party means any Loan Party organized under the laws of any state of the United States of America or the District of Columbia.

  • U.S. Credit Party means the U.S. Borrower and each U.S. Subsidiary Guarantor.

  • Canadian Credit Party means the Canadian Borrower and each Canadian Subsidiary Guarantor.

  • 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:

  • Borrower as defined in the preamble hereto.