Original Subsidiary Borrower definition

Original Subsidiary Borrower means each of Cummins Engine Co. Ltd., a company incorporated under the laws of England and Wales in the United Kingdom, Cummins Power Generation Ltd., a company incorporated under the laws of England and Wales in the United Kingdom, and Newage International Limited, a company incorporated under the laws of England and Wales in the United Kingdom.
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Original Subsidiary Borrower means each of Cummins Ltd., a company incorporated under the laws of England and Wales in the United Kingdom, Cummins Power Generation Ltd., a company incorporated under the laws of England and Wales in the United Kingdom, and Cummins Generator Technologies Limited, a company incorporated under the laws of England and Wales in the United Kingdom. The Company may, by delivery to the Administrative Agent of an Election to Terminate, terminate the status of any of the above-listed Subsidiaries as an Original Subsidiary Borrower. The delivery of an Election to Terminate shall not affect any obligation of an Original Subsidiary Borrower theretofore incurred or the Company’s guarantee thereof. The Administrative Agent shall promptly give notice to the Lenders of the receipt of any such Election to Terminate.
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Original Subsidiary Borrower means each of Cummins Ltd., a company incorporated under the laws of England and Wales in the United Kingdom, Cummins Power Generation Ltd., a company incorporated under the laws of England and Wales in the United Kingdom, Cummins Generator Technologies Limited, a company incorporated under the laws of England and Wales in the United Kingdom, CMI Global Equity Holdings C.V., a limited partnership organized under the laws of the Netherlands, Cummins Global Financing LP, a limited partnership organized under the laws of England and Wales in the United Kingdom, Cummins EMEA Holdings Limited, a company incorporated under the laws of England and Wales in the United Kingdom, Cummins International Holdings Cooperatief U.A., a company incorporated under the laws of the Netherlands, CIFC Worldwide Partner C.V., a limited partnership organized under the laws of the Netherlands, Power Group International (Overseas Holdings) Limited, a company incorporated under the laws of England and Wales in the United Kingdom, CMI UK Financing LP, a limited partnership organized under the laws of England and Wales in the United Kingdom, CMI UK Finance LP, a limited partnership organized under the laws of England and Wales in the United Kingdom, and CMI Africa Holdings B.V., a company incorporated under the laws of the Netherlands. The Company may, by delivery to the Administrative Agent of an Election to Terminate, terminate the status of any of the above-listed Subsidiaries as an Original Subsidiary Borrower. The delivery of an Election to Terminate shall not affect any obligation of an Original Subsidiary Borrower theretofore incurred or the Company’s guarantee thereof. The Administrative Agent shall promptly give notice to the Lenders of the receipt of any such Election to Terminate.
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Examples of Original Subsidiary Borrower in a sentence

  • The Loans and all other obligations or liabilities of the Company and each Original Subsidiary Borrower hereunder shall not be subordinated in right of payment to any other Indebtedness of the Company or such Original Subsidiary Borrower, respectively.

  • Neither the Company nor any Original Subsidiary Borrower is (a) an "INVESTMENT COMPANY" as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a "HOLDING COMPANY" or a "SUBSIDIARY COMPANY" of a holding company as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935 or (c) subject to any other applicable regulatory scheme which restricts its ability to incur the indebtedness to be incurred hereunder.

  • Neither the Company nor any Original Subsidiary Borrower is (a) an “investment company” as defined in, or subject to regulation under, the Investment Company Act of 1940, as amended, (b) a “holding company” or a “subsidiary company” of a holding company as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935 or (c) subject to any other applicable regulatory scheme which restricts its ability to incur the indebtedness to be incurred hereunder.

  • The Loans and all other obligations or liabilities of the Company and each Original Subsidiary Guarantor or Original Subsidiary Borrower hereunder shall not be subordinated in right of payment to any other Indebtedness of the Company or such Original Subsidiary Guarantor or Original Subsidiary Borrower, respectively.


More Definitions of Original Subsidiary Borrower

Original Subsidiary Borrower means each of CMI Global Equity Holdings C.V., a limited partnership organized under the laws of the Netherlands, Cummins EMEA Holdings Limited, a company incorporated under the laws of England and Wales in the United Kingdom and CMI Global Equity Holdings B.V., a company incorporated under the laws of the Netherlands. The Company may, by delivery to the Administrative Agent of an Election to Terminate, terminate the status of any of the above-listed Subsidiaries as an Original Subsidiary
Sample 1
Original Subsidiary Borrower means each of CMI Global Equity Holdings C.V., a limited partnership organized under the laws of the Netherlands, Cummins EMEA Holdings Limited, a company incorporated under the laws of England and Wales in the United Kingdom and CMI Global Equity Holdings B.V., a company incorporated under the laws of the Netherlands. The Company may, by delivery to the Administrative Agent of an Election to Terminate, terminate the status of any of the above-listed Subsidiaries as an Original Subsidiary Borrower. The delivery of an Election to Terminate shall not affect any obligation of an Original Subsidiary Borrower theretofore incurred or the Company’s guarantee thereof. The Administrative Agent shall promptly give notice to the Lenders of the receipt of any such Election to Terminate.
Sample 1

Related to Original Subsidiary Borrower

  • Domestic Subsidiary Borrower any Subsidiary Borrower which is a Domestic Subsidiary.

  • Subsidiary Borrower mean each Subsidiary of the Company that shall become a Subsidiary Borrower pursuant to Section 2.19, so long as such Subsidiary shall remain a Subsidiary Borrower hereunder. As of the date hereof, there are no Subsidiary Borrowers party hereto.

  • Subsidiary Borrowers means, collectively (i) each Domestic Subsidiary of the Company that is a party to this Agreement as a “Borrower” on the Effective Date and (ii) each Domestic Subsidiary of the Company that becomes a party to this Agreement as a “Borrower” following the Effective Date pursuant to Section 5.14, in each case, until such time as such Domestic Subsidiary is released from its obligations under the Loan Documents in accordance with this Agreement.

  • Foreign Subsidiary Borrower means any Eligible Foreign Subsidiary that becomes a Foreign Subsidiary Borrower pursuant to Section 2.23 and that has not ceased to be a Foreign Subsidiary Borrower pursuant to such Section.

  • Borrowing Subsidiary means, at any time, any Subsidiary of the Company designated as a Borrowing Subsidiary by the Company pursuant to Section 2.19 that has not ceased to be a Borrowing Subsidiary pursuant to such Section or Article 7.

  • Foreign Borrower has the meaning specified in the introductory paragraph hereto.

  • Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.

  • Co-Borrower shall have the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Foreign Borrowers means the Canadian Borrower, the Dutch Borrower, and the U.K. Borrowers.

  • Canadian Borrower as defined in the preamble hereto.

  • Existing Borrower s Re-Fix Rate" means at any date the fixed rate then being offered to those of the Seller's existing Borrowers who at that date are seeking to fix the rate of interest payable under their existing Fixed Rate Mortgage Loan with the Seller for the applicable period;

  • Designated Borrower has the meaning specified in the introductory paragraph hereto.

  • U.S. Borrower means any Borrower that is a U.S. Person.

  • Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.

  • Original Borrower means, as the context requires, any of them;

  • Additional Borrower means a company which becomes an Additional Borrower in accordance with Clause 25 (Changes to the Obligors).

  • Borrowing Subsidiary Agreement means a Borrowing Subsidiary Agreement substantially in the form of Exhibit F-1.

  • UK Borrower means any Borrower (i) that is organized or formed under the laws of the United Kingdom or (ii) payments from which under this Agreement or any Loan Document are subject to withholding Taxes imposed by the laws of the United Kingdom.

  • Qualified borrower means any borrower that is a sponsoring entity that has a controlling interest in the real property that is financed by a qualified loan. A controlling interest includes, but is not limited to, a controlling interest in the general partner of a limited partnership that owns the real property.

  • Domestic Loan Party means any Loan Party organized under the laws of any state of the United States of America or the District of Columbia.

  • Foreign Borrowing Base means, as of any date, an amount equal to:

  • Subsidiary Loan Party means any Subsidiary that is not a Foreign Subsidiary or a Receivables Subsidiary.

  • Domestic Credit Party means any Credit Party which is incorporated or organized under the laws of any State of the United States or the District of Columbia.

  • Initial Borrowing Date means the date occurring on or after the Effective Date on which the initial Borrowing of Loans occurs.

  • Canadian Subsidiary Guarantor each Canadian Subsidiary of any Canadian Borrower which executes and delivers the Canadian Guarantee and Collateral Agreement, in each case, unless and until such time as the respective Canadian Subsidiary Guarantor ceases to constitute a Canadian Subsidiary of the Parent Borrower or is released from all of its obligations under the Canadian Guarantee and Collateral Agreement in accordance with the terms and provisions thereof.

  • Non-Guarantor Subsidiary means any Subsidiary of the Borrower that is not a Subsidiary Guarantor.