Foreign Facilities definition
Examples of Foreign Facilities in a sentence
Anything contained herein to the contrary notwithstanding, the aggregate amount of Commitments and, without duplication, Loans outstanding hereunder at any time, including the aggregate amount of U.S. Revolving Commitment Increases but excluding any Permitted Foreign Facilities, shall not exceed $700,000,000 at any time.
Loans to U.S. Loan Parties under such Incremental Foreign Facilities and/or guarantees by U.S. Loan Parties of loans made to Foreign Subsidiaries shall constitute Secured Obligations under the Loan Documents.
The Parties agree that the charter and other organizational documents of each Foreign Facilities Company and all contractual and other arrangements between any Applicable Joint Venture and such Foreign Facilities Company, and between the Parties or their Affiliates and such Foreign Facilities Company, shall have such terms and conditions as shall be necessary to achieve the purposes of the Parties in entering into this Agreement and the Applicable Joint Venture Agreements, viewed in the aggregate.
Amend in any material respect any term or provision contained in the Indenture, the Senior Subordinated Debentures, or consent to or enter into any agreement providing for the designation of any Indebtedness for Money Borrowed of the Borrower or any of its Subsidiaries, other than Indebtedness represented by the Loans, the Notes and the Foreign Facilities, as "Designated Senior Indebtedness," as such term is defined in the Indenture.
Loans to U.S. Loan Parties under such Permitted Foreign Facilities and/or guarantees by U.S. Loan Parties of loans made to Foreign Subsidiaries shall constitute Secured Obligations under the Loan Documents.
The Borrower or any Foreign Subsidiary shall default in the payment, as and when due, of principal of or interest on, any other Secured Obligation or obligation under the Foreign Facilities, and such default shall continue for a period of five days after written notice thereof has been given to the Borrower by the Agent on behalf of the Lenders.
The Parties further agree that the charter, organizational documents, contractual and other arrangements of the Foreign Facilities Company shall, [***], provide [***] (including with respect to [***])[***]; provided, however, that at the option of Intel, Intel may contribute additional funds to the capital of such Foreign Facilities Company so that Intel shall own [***]% and Micron [***]% of the shares or other ownership interests of such Foreign Facilities Company.
Make any prepayments (other than regularly scheduled installment or amortization payments), directly or indirectly, on account of the principal of any Indebtedness for Money Borrowed (except the Loans and the Foreign Facilities in accordance with the other provisions of this Agreement or of the applicable Foreign Facility Agreements, as the case may be), or amend in any way the interest rate or principal amount or schedule of payments of principal and interest with respect to any such Indebtedness.
The Borrower Agent shall have the right at any time, and from time to time, to seek increases in the FILO Facility Revolving Commitment or establish one or more Permitted Foreign Facilities denominated in Dollars or other currencies to be agreed by the Agent, the Borrower Agent and the Lenders issuing commitments under such facility (each, an “Permitted Foreign Facility Lender”) in an aggregate principal amount not to exceed the Dollar Equivalent of $30,000,000.