Examples of Dutch Subfacility in a sentence
All Dutch Borrowers shall be jointly and severally liable as borrowers for all Borrowings under the Dutch Subfacility of each Dutch Borrower regardless of which Dutch Borrower received the proceeds thereof.
In the event of a Dutch Parent Borrower Disposition (i) all Loans (including Swingline Loans) outstanding under the Dutch Subfacility immediately prior to the date of such Dutch Parent Borrower Disposition shall be prepaid and (ii) the Dutch LC Exposure under the Dutch Subfacility shall be Cash Collateralized or backstopped on terms reasonably satisfactory to each applicable Dutch Issuing Bank in accordance with Section 2.13(j).
The Existing Letters of Credit listed on Part B of Schedule 1.01B shall be deemed issued under the Dutch Subfacility.
In the event of a Dutch Parent Borrower Disposition (i) all Loans (including Swingline Loans) outstanding under the Dutch Subfacility immediately prior to the date of such Dutch Parent Borrower Disposition shall be prepaid and (ii) the Dutch LC Exposure under the Dutch Subfacility shall be Cash Collateralized or backstopped on terms reasonably satisfactory to each applicable Dutch Issuing Bank in accordance with Section 2.13(j)..
The Borrowers have requested that the Lenders extend credit to the Borrowers in the form of a Revolving Credit Facility in an initial aggregate principal amount of $500,000,000 consisting of a U.S. Subfacility in an aggregate principal amount of $400,000,000 (the “U.S. Subfacility”) and a Dutch Subfacility in an aggregate amount of the Euro equivalent of $100,000,000 (the “Dutch Subfacility,” and together with the U.S. Subfacility, the “Subfacilities”).
For the avoidance of doubt, and for purposes of this Agreement, the U.S. Borrowers shall be permitted to borrow only under the U.S. Subfacility and against the U.S. Borrowing Base and the Dutch Borrowers shall be permitted to borrow only under the Dutch Subfacility and against the Dutch Borrowing Base.
Such letter of credit fees shall be due and payable in Dollars for fees related to the U.S. Subfacility and Euros for fees related to the Dutch Subfacility on the first Business Day after the end of each March, June, September and December, commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand.
Except as otherwise expressly provided herein, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office for payment and in immediately available funds not later than 2:00 p.m. on the date specified herein in Dollars in respect of the U.S. Subfacility and in Euros in respect of the Dutch Subfacility.
THEE ACH BORROWER FURTHER AGREES THAT NO INDEMNITEE SHALL HAVE ANY LIABILITY BASED ON ITS COMPARATIVE, CONTRIBUTORY, OR SOLE NEGLIGENCE OR OTHERWISE TO THESUCH BORROWER EXCEPT TO THE EXTENT SUCH INDEMNIFIED LIABILITIES ARISE FROM THE GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT OF SUCH INDEMNITEE, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH INDEMNITEE HAVE ANY LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Each Borrowing of, conversion to or continuation of Eurocurrency Rate Loans shall be in a principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof and in respect of the Dutch Subfacility, Euro equivalents thereof.