Multicurrency Borrower definition
Examples of Multicurrency Borrower in a sentence
COTT CORPORATION, as Canadian Borrower and as Multicurrency Borrower Guarantor and for its Subsidiaries party to the Loan Documents By: /s/ ▇▇▇▇ ▇.
Each of the Multicurrency Borrowers hereby irrevocably designates, appoints and authorizes each other Multicurrency Borrower as its agent and attorney-in-fact to take actions under this Agreement and the other Loan Documents, together with such powers as are reasonably incidental thereto.
Any action taken by one Multicurrency Borrower under this Agreement and the other Loan Documents shall be binding on the other Multicurrency Borrowers.
Each Domestic Borrower jointly and severally agrees, and each Multicurrency Borrower jointly and severally agrees, not to assert any claim against any Indemnitee on any theory of liability for special, indirect, consequential or punitive damages arising out of, or in any way in connection with, the Commitments, the Obligations or any other matters governed by this Agreement and/or the other Loan Documents.
Except as set forth in Sections 3.01(a) and (b) and unless otherwise designated by the Multicurrency Borrowers, all principal payments made by any Multicurrency Borrower in respect of outstanding Overdraft Loans or Revolving Loans of such Multicurrency Borrower, as the case may be, shall be applied first, to the Revolving Loans with Interest Periods then expiring and second to the outstanding Overdraft Loans, in each case, denominated in the Specified Foreign Currency of such payment.
Proceeds of Multicurrency Loans and of Overdraft Loans under the Multicurrency Facility shall be used to (x) retire the Multicurrency Borrowers' Refinanced Indebtedness; (y) provide for ongoing working capital needs in the ordinary course of the business of each Multicurrency Borrower and its Subsidiaries; and (z) for other lawful general corporate purposes not prohibited hereunder (including Capital Expenditures permitted hereunder).
The Administrative Agent, the Domestic Lenders and the Issuing Bank further agree and acknowledge that in no event shall proceeds of the Collateral of the Multicurrency Borrowers, more than sixty-five percent (65.0%) of the Capital Stock of any Multicurrency Borrower or its Subsidiaries or amounts received from any Multicurrency Borrower as described herein be shared with any Domestic Lender or Issuing Bank for application on any of the Domestic Obligations.
Each Multicurrency Borrower agrees that it is jointly and severally liable to the Administrative Agent, the Issuing Bank and the Lenders for the payment of the Multicurrency Obligations and that such liability is independent of the Multicurrency Obligations of the other Multicurrency Borrowers and whether such Multicurrency Obligations become unenforceable against the other Multicurrency Borrowers.
The Multicurrency Agent's notice to the Multicurrency Borrower, or Interface acting on behalf of the Multicurrency Borrower, shall specify the aggregate principal amount of Multicurrency Bid Rate Loans for which offers have been received for each Interest Period specified in the related Multicurrency Bid Rate Quote Request and the respective principal amounts and Multicurrency Bid Rates, as the case may be, so offered.
The Administrative Agent, the Issuing Bank and the Lenders shall be entitled to rely, and shall be fully protected in relying, upon any communication from or to any Multicurrency Borrower as having been delivered by or to all Multicurrency Borrowers.