Examples of EMEA Borrower in a sentence
Nothing herein shall in any way be deemed to limit the ability of the Administrative Agent to serve any such process in any other manner permitted by applicable law or to obtain jurisdiction over the EMEA Borrower in such other jurisdictions, and in such manner, as may be permitted by applicable law.
If by the deadline specified in the proviso in the preceding sentence, any portion of such Excess Event of Loss Proceeds has not been so used to repair, rebuild or restore the affected property, (x) the EMEA Borrower shall prepay the principal amount of the EMEA Term Loans and (y) the U.S. Borrower shall prepay the principal amount of U.S. Loans, in each case, in an aggregate amount at least equal to its Applicable Prepayment Portion of such Excess Event of Loss Proceeds.
The EMEA Borrower acknowledges and agrees that, as of the Forbearance Effective Date, the aggregate principal amount of outstanding EMEA Term Loans denominated in Euros is €733,125,000.00 and the aggregate accrued and unpaid interest thereon is €1,853,177.09, and the aggregate principal amount of outstanding EMEA Term Loans denominated in Dollars is $139,300,000.00 and the aggregate accrued and unpaid interest thereon is $484,299.67.
The EMEA Borrower shall have entered into an amendment to the Priming Facility Credit Agreement substantially in the form of Exhibit B hereto.
If by the deadline specified in the proviso in the preceding sentence, any portion of such Excess Asset Sale Proceeds has not been so reinvested, (x) the EMEA Borrower shall prepay the principal amount of the EMEA Term Loans and (y) the U.S. Borrower shall prepay the principal amount of U.S. Loans, in each case, in an aggregate principal amount at least equal to its Applicable Prepayment Portion of such Excess Asset Sale Proceeds to the extent required above.
This Agreement will be effective as of the date when the conditions set forth in Section 4 of Amendment No. 4 to Credit Agreement and Consent, dated as of the date hereof (the “Amendment and Consent”), among the U.S. Credit Parties, the EMEA Borrower, the Administrative Agent and the Consenting Lenders party thereto (to which this Agreement is attached as Annex D) have been satisfied (such date, the “Forbearance Effective Date”).
Any Prepayment Premium payable pursuant to Section 2.13(g) shall be presumed to be equal to the liquidated damages sustained by the 2020 EMEA Term Lenders as the result of the occurrence of the 2020 EMEA Prepayment Event, and the EMEA Borrower agrees that it is reasonable under the circumstances currently existing.