Dutch Subsidiary Borrower definition
Examples of Dutch Subsidiary Borrower in a sentence
Each of Holdings and the Subsidiaries party hereto is an affiliate of the Parent Borrower and the Dutch Subsidiary Borrower and will derive substantial benefits from the extension of credit to the Parent Borrower and the Dutch Subsidiary Borrower pursuant to the Credit Agreement and is willing to execute and deliver this Agreement in order to induce the Lenders to extend such credit.
The initial borrowing from any Lender to any Dutch Subsidiary Borrower shall be provided by a Lender that is a Dutch Non-Public Lender.
If a Dutch Subsidiary Borrower is represented by an attorney in connection with the signing and/or execution of the Agreement and/or any other Loan Document it is hereby expressly acknowledged and accepted by the parties to this Agreement and/or any other Loan Document that the existence and extent of the attorney’s authority and the effects of the attorney’s exercise or purported exercise of his or her authority shall be governed by the laws of the Netherlands.
The Administrative Agent shall have received (i) a counterpart of this Agreement signed on behalf of (A) the New Borrower, the Initial Borrower and the Dutch Subsidiary Borrower, (B) the Administrative Agent and (C) the Consenting Lenders.
No failure on the part of the Dutch Subsidiary Borrower or any Guarantor to make the payments required by Sections 4.01 and 4.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
If the Parent or a Dutch Subsidiary Borrower is represented by an attorney in connection with the signing and/or execution of the Agreement and/or any other Loan Document it is hereby expressly acknowledged and accepted by the parties to the Agreement and/or any other Loan Document that the existence and extent of the attorney’s authority and the effects of the attorney’s exercise or purported exercise of his or her authority shall be governed by the laws of the Netherlands.
The initial borrowing from any Lender to any Dutch Subsidiary Borrower shall be at least €50,000 (or its equivalent in another currency) or any other amount that will from time to time be applicable under section 3(2) under a and/or b of the Dutch Decree on Definitions Wft (Besluit definitiebepalingen Wft).
BAUSCH & LOMB B.V., as Dutch Subsidiary Borrower By: Name: Title: IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written.
The Dutch Subsidiary Borrower irrevocably appoints the Parent Borrower as its agent for all purposes relevant to this Agreement, including the giving and receipt of notices and execution and delivery of all documents, instruments, and certificates contemplated herein (including execution and delivery to the Agents of Committed Loan Notices) and all modifications hereto.
Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Parent Borrower, the Dutch Subsidiary Borrower or any other Person.