Examples of Loan Note Deed Poll in a sentence
The Borrower shall not repay or prepay all or any part of the Utilisation or cancel all or any part of the Commitments except at the times and in the manner expressly provided for in this Agreement or the Loan Note Deed Poll.
If an Obligor fails to pay any amount payable by it under a Finance Document on its due date, interest shall accrue on the overdue amount from the due date up to the date of actual payment (both before and after judgment) at the rate specified in Clause 6.3 (Default interest) of the Loan Note Deed Poll and shall be immediately payable by the Obligor on demand by the Agent as specified in Clause 6.3 of the Loan Note Deed Poll.
Any notice of cancellation, prepayment, authorisation or other election given by any Party under clause 7 (Prepayment and Cancellation), or under the Loan Note Deed Poll, shall be irrevocable and, unless a contrary indication appears in this Agreement, shall specify the date or dates upon which the relevant cancellation or prepayment is to be made and the amount of that cancellation or prepayment.
Each Obligor will comply with the Loan Note Deed Poll from the date of this Agreement whether or not it has been executed.
The Agent shall promptly notify the Lenders and the Borrower of the determination of a rate of interest under this Agreement or the Loan Note Deed Poll.
On receipt of the Loan Note Advances in accordance with Clause 5.6 (Loan Note Advance and subscription for Loan Notes) on the First Utilisation Date, the Agent will date the Loan Note Deed Poll and the Borrower will be taken to have delivered the Loan Note Deed Poll.
The Borrower and the Guarantors shall from time to time on demand by the Agent, indemnify the Agent, against any and all reasonable costs, claims, issues, expenses (including legal fees) and liabilities together with any VAT thereon which the Agent may incur, otherwise than by reason of its own gross negligence or wilful misconduct, in acting in its capacity as agent for the Borrower (as referred to in paragraph 9 (Appointment of Agent) of this Schedule 11) and the Loan Note Deed Poll.
This Agreement and the Loan Note Deed Poll constitute valid, binding and enforceable obligations of the Borrower and the Loan Notes, if and when executed and delivered in accordance with this Agreement, will constitute valid, binding and enforceable obligations of the Borrower.
If after giving effect to any such determination pursuant to the preceding sentence, the aggregate Australian Dollar Amount of the Tranche A Loans exceeds an amount equal to 105% of the original Australian Dollar Amount thereof, the Borrower shall, in accordance with the Loan Note Deed Poll and the Loan Notes, prepay such principal amount (together with accrued interest thereon) of the outstanding Tranche A Loans, if any Tranche A Loans are then outstanding, as may be necessary to eliminate such excess.
The Registrar agrees to establish, maintain and make entries into the Register as agent of the Borrower in accordance with this agreement and the Loan Note Deed Poll.