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.
U.S. Borrowers shall have the meaning provided in the first paragraph of this Agreement.
Borrower Loan Documents shall have the meaning given such term in the Borrower Loan Agreement.
Foreign Borrowers means the Canadian Borrower, the Dutch Borrower, and the U.K. Borrowers.
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.
Permitted Payments to Parent means, without duplication as to amounts:
Term Loan Documents means the “Loan Documents” as defined in the Term Loan Credit Agreement.
Domestic Subsidiary Borrower means any Subsidiary Borrower which is a Domestic Subsidiary.
Revolving Loan Documents means the “Loan Documents” as defined in the Revolving Credit Agreement.
Co-Borrowers has the meaning specified in the introductory paragraph to this Agreement.
Other Taxes means all present or future stamp or documentary taxes or any other excise or property taxes, charges or similar levies arising from any payment made hereunder or under any other Loan Document or from the execution, delivery or enforcement of, or otherwise with respect to, this Agreement or any other Loan Document.
U.S. Borrower means any Borrower that is a U.S. Person.
Borrower Credit Agreement Obligations the collective reference to the unpaid principal of and interest on the Loans and Reimbursement Obligations and all other obligations and liabilities of the Borrower (including, without limitation, interest accruing at the then applicable rate provided in the Credit Agreement after the maturity of the Loans and Reimbursement Obligations and interest accruing at the then applicable rate provided in the Credit Agreement after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to the Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) to the Administrative Agent or any Lender, whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the Credit Agreement, this Agreement, or the other Loan Documents, or any Letter of Credit, or any other document made, delivered or given in connection therewith, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Administrative Agent or to the Lenders that are required to be paid by the Borrower pursuant to the terms of any of the foregoing agreements).
Borrower's Obligations means, without duplication, all of the obligations of Borrower to Lender whenever arising, under this Loan Agreement, the Notes or any of the other Loan Documents, including without limitation, all principal, interest, monies advanced on behalf of Borrower under the terms of the Loan Documents, and taxes, insurance premiums, costs and expenses, and fees and any amounts that would have accrued but for the automatic stay under the Bankruptcy Code, and any obligations under any Swap Contract between Borrower and any Swap Issuer, whenever arising.
Revolving Credit Documents means the Revolving Credit Agreement and the Revolving Credit Collateral Documents.
Domestic Loan Parties means, collectively, the Company and the Guarantors.
UK Borrowers shall have the meaning assigned to such term in the preamble hereto.
Domestic Borrower means the Company and each Designated Borrower that is a Domestic Subsidiary.
Credit Party Obligations means, without duplication, (a) all of the obligations of the Credit Parties to the Lenders (including the Issuing Lender) and the Administrative Agent, whenever arising, under this Credit Agreement, the Notes, or any of the other Credit Documents to which any Credit Party is a party and (b) all liabilities and obligations owing from such Credit Party to any Lender, or any Affiliate of a Lender, arising under Hedging Agreements.
Permitted Intercompany Advances means loans made by (a) a Loan Party to another Loan Party, (b) a Subsidiary of a Borrower that is not a Loan Party to another Subsidiary of a Borrower that is not a Loan Party and (c) a Subsidiary of a Borrower that is not a Loan Party to a Loan Party, so long as the parties thereto are party to the Intercompany Subordination Agreement.
Money Borrowed means (i) Indebtedness arising from the lending of money by any Person to Borrower; (ii) Indebtedness, whether or not in any such case arising from the lending by any Person of money to Borrower, (A) which is represented by notes payable or drafts accepted that evidence extensions of credit, (B) which constitutes obligations evidenced by bonds, debentures, notes or similar instruments, or (C) upon which interest charges are customarily paid (other than accounts payable) or that was issued or assumed as full or partial payment for Property; (iii) Indebtedness that constitutes a Capitalized Lease Obligation; (iv) reimbursement obligations with respect to letters of credit or guaranties of letters of credit and (v) Indebtedness of Borrower under any guaranty of obligations that would constitute Indebtedness for Money Borrowed under clauses (i) through (iii) hereof, if owed directly by Borrower.
Borrower Agreement means the Export-Import Bank of the United States Working Capital Guarantee Program Borrower Agreement between Borrower and Bank.
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.
Payments to Party A: ABA#: Account#: Payments to Party B: JPMorgan Chase Bank ABA#: 021000021 Account#: Account Name: Collection Account Ref: Ford 2002-A Party A Operations Contact: Attention: Tel: Party B Operations Contact: JPMorgan Chase Bank Corporate Trust Administration 450 West 33rd Street, 14th Floor New Xxxx, Xxx Xxxx 00000 Xxxxxxxxx: Xxxxxxx X. Xxxxx Tel: (212) 946-3346 Fax: (212) 946-8302 Xxxxxe confirm that the foregoing correctly xxxx xxxxx xxe terms of our agreement by executing this Confirmation and returning it to us. Best Regards, FORD CREDIT AUTO OWNER TRUST 2002-A By: THE BANK OF NEW YORK, not in its individual capacity but solely as Owner Trustee By: -------------------------------------- Name: Title: CREDIT SUISSE FIRST BOSTON INTERNATIONAL By: -------------------------------------- Name: Title: January 8, 2002 To: CREDIT SUISSE FIRST BOSTON INTERNATIONAL Contact: Customer Service Group Tel:212-325-8679 Fax:212-325-8713 From: FORD XXXXXX XXXX OWNER TRUST 2002-A Coxxxxx: Michael A. Smith Tel:212-946-3346 Fax:000-000-0000 Re: Xxxxxxxx Xxte Swap Reference No. 0000000/X/XY Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Swap Transaction entered into between Credit Suisse First Boston International ("Party A") and Ford Credit Auto Owner Trust 2002-A ("Party B") on the Trade Date listed below (the "Transaction"). This letter constitutes a "Confirmation" as referred to in the ISDA Agreement specified below. The definitions and provisions contained in the 2000 ISDA Definitions (as published by the International Swap Dealers Association, Inc.) are incorporated into this Confirmation. For these purposes, all references in those Definitions to a "Swap Transaction" shall be deemed to apply to the Transactions referred to herein. In the event of any inconsistency between those definitions and this Confirmation, this Confirmation will govern.
Subsidiary Borrower any Subsidiary of the Borrower that becomes a party hereto pursuant to Section 10.1(c)(i) until such time as such Subsidiary Borrower is removed as a party hereto pursuant to Section 10.1(c)(ii).
Further Taxes means any and all present or future taxes, levies, assessments, imposts, duties, deductions, fees, withholdings or similar charges (including, without limitation, net income taxes and franchise taxes), and all liabilities with respect thereto, imposed by any jurisdiction on account of amounts payable or paid pursuant to Section 4.01.