Foreign Borrowing Subsidiary definition

Foreign Borrowing Subsidiary means any Borrowing Subsidiary that is a Foreign Subsidiary.

Foreign Borrowing Subsidiary means any Foreign Subsidiary that is also a Borrowing Subsidiary.

Foreign Borrowing Subsidiary has the meaning specified in Section 6.13(e).

Examples of Foreign Borrowing Subsidiary in a sentence

• Notwithstanding anything to the contrary in this Agreement, in no event will any deposits or other amounts at any time held or other obligations at any time owing by any Lender or Issuing Bank or any of their respective Affiliates to or for the account of any Foreign Borrowing Subsidiary be set off and applied against any obligations under this Agreement of the Company or any Domestic Borrowing Subsidiary.

• The obligations of each Foreign Borrowing Subsidiary under the Loan Documents to which it is a party rank at least equally with all of the unsubordinated Indebtedness of such Foreign Borrowing Subsidiary, and ahead of all subordinated Indebtedness, if any, of such Foreign Borrowing Subsidiary.

• The delivery of a Foreign Subsidiary Borrower Termination shall not affect any obligation of the relevant Foreign Subsidiary theretofore incurred in its capacity as a Borrower, and such Foreign Subsidiary shall continue to constitute a Foreign Borrowing Subsidiary for all purposes hereof (other than the right to borrow Loans or to have Letters of Credit issued for its account) until all its obligations hereunder as a Borrower have been discharged and paid in full.

• Neither such Foreign Borrowing Subsidiary nor any of its assets is entitled to immunity from suit, execution, attachment or other legal process.

• The Parent Borrower may from time to time designate any Foreign Subsidiary (other than an Excluded Global Subsidiary) to be a Foreign Borrowing Subsidiary hereunder by delivering to the Administrative Agent a Foreign Subsidiary Borrower Election with respect to such Subsidiary.

More Definitions of Foreign Borrowing Subsidiary

Foreign Borrowing Subsidiary means any Foreign Subsidiary with respect to which a Foreign Subsidiary Borrower Election shall have been executed and delivered as provided in Section 2.20 and with respect to which a Foreign Subsidiary Borrower Termination has not been executed and delivered as provided in Section 2.20.

Foreign Borrowing Subsidiary means any Borrowing Subsidiary that is a Foreign Subsidiary. “Foreign Lender” means a Lender that is not a US Person.

Foreign Borrowing Subsidiary means any Borrowing Subsidiary that is not a Domestic Subsidiary. “Foreign Subsidiary” means any Subsidiary other than a Domestic Subsidiary.

Foreign Borrowing Subsidiary means any Borrowing Subsidiary that is a Foreign Subsidiary. “Foreign Lender” means a Lender that is not a US Person. “Foreign Pension Plan” means any benefit plan that under applicable law of any jurisdiction other than the United States is required to be funded through a trust or other funding vehicle other than a trust or funding vehicle maintained exclusively by a Governmental Authority. “Foreign Subsidiary” means a Subsidiary of the Company which is not a Domestic Subsidiary. “GAAP” means, subject to Section 1.04, generally accepted accounting principles in the United States of America, applied in accordance with the consistency requirements thereof. “GET Acquired Business Material Adverse Effect” means a material adverse effect on the business, condition (financial or otherwise) or results of operations of the Tiger Business, taken as a whole, excluding any effect resulting from (i) changes (or proposed changes) in GAAP, the regulatory accounting requirements applicable to any industry in which the Tiger Business operates or Applicable Law, including the interpretation or enforcement thereof, (ii) changes in the financial, credit or securities markets (including changes in prevailing interest rates, credit availability and liquidity, currency exchange rates, price levels or trading volumes in any securities market) or general economic or political conditions, (iii) changes or conditions generally affecting the industry or segments thereof in which the Tiger Business operates, (iv) acts of war, sabotage or terrorism or natural disasters, (v) the announcement or consummation of the transactions contemplated by the Agreement, the Separation Agreement or any Ancillary Agreement (including the Internal Reorganization, the SpinCo Transfer, the Direct Sale, the Distribution and the Merger) or the identity of the other parties hereto, including, in each case, with respect to employees, customers, distributors, suppliers, financing [[3851767]]

Foreign Borrowing Subsidiary means each Subsidiary listed as a Foreign Borrowing Subsidiary in Schedule 1.1 as amended from time to time in accordance with Section 8.3.

Foreign Borrowing Subsidiary means (i) Chore-Time Netherlands and (ii) any other Wholly-Owned Subsidiary of the Company which shall have become a Foreign Borrowing Subsidiary pursuant to section 8.13 hereof, or any of them, as the case may be.

Foreign Borrowing Subsidiary means any Borrowing Subsidiary that is a Foreign Subsidiary. “Foreign Lender” means a Lender that is not a US Person. “Foreign Pension Plan” means any benefit plan that under applicable law of any jurisdiction other than the United States is required to be funded through a trust or other funding vehicle other than a trust or funding vehicle maintained exclusively by a Governmental Authority. “Foreign Subsidiary” means a Subsidiary of the Company which is not a Domestic Subsidiary. “GAAP” means, subject to Section 1.04, generally accepted accounting principles in the United States of America, applied in accordance with the consistency requirements thereof. “GET Seller” means General Electric Company, a New York corporation. “GET Separation Agreement” means the Separation, Distribution and Sale Agreement dated as of May 20, 2018 (as amended by that certain Amendment to Separation, Distribution and Sale Agreement dated as of January 25, 2019), among the GET Seller, GET SpinCo, the Company and Wabtec US Rail, Inc., a Delaware corporation, together with the exhibits, schedules and annexes thereto and the ancillary agreements referred to therein. “GET SpinCo” means Transportation Systems Holdings Inc., a Delaware corporation. “Governmental Authority” means (a) any nation or government, any federal, state, local or other political subdivision thereof and any entity exercising executive, legislative, judicial, regulatory or administrative authority or functions of or pertaining to government, including any authority or other quasi-governmental entity established to perform any of such functions and (b) any supra-national body exercising such powers or functions, such as the European Union or the European Central Bank. “Guarantee” of or by any Person (the “guarantor”) means any obligation, contingent or otherwise, of the guarantor guaranteeing or having the economic effect of guaranteeing any Indebtedness of any other Person (the “primary obligor”) in any manner, whether directly or indirectly, and including any obligation of the guarantor, direct or indirect, (a) to purchase or pay (or advance or supply funds for the purchase or payment of) such Indebtedness or to purchase (or to advance or supply funds for the purchase of) any security for the payment thereof, (b) to purchase or lease property, securities or