Rabobank International. New York Branch ("Rabobank"), as issuer of letters of credit, as swingline lender and as administrative agent, are parties to a Credit Agreement dated as of April 19, 2002 (as amended, restated, modified, supplemented, renewed or extended from time to time, the "Credit Agreement") pursuant to which the Senior Lenders party thereto have made available to the Borrower a revolving credit facility and term loan facility, as provided therein. The Borrower and certain other Senior Lenders are parties to an Amended and Restated Note Purchase Agreement dated as of April 19, 2002 (as amended, restated, modified, supplemented, renewed or extended from time to time, the "Amended and Restated Note Purchase Agreement") relating to the Borrower's $5,000,000 Adjustable Rate Senior Secured Notes, Series A, Due September 15, 2010, the Borrower's $10,000,000 Adjustable Rate Senior Secured Notes, Series B, Due September 15, 2010, and the Borrower's $15,000,000 Adjustable Rate Senior Secured Notes, Series C, Due September 15, 2010. Rabobank, as collateral agent (in such capacity, the "Collateral Agent"), and the other Senior Lenders are also parties to an Amended and Restated Intercreditor and Collateral Agency Agreement dated as of April 19, 2002 (as amended, restated, modified, supplemented, renewed or extended from time to time, the "Intercreditor Agreement") pursuant to which, among other things, the Senior Lenders have agreed to the allocation of certain payments made in respect of the Senior Debt (as defined below). Additionally, the Borrower is or will be indebted to the Creditor in the principal amount of $2,750,000, pursuant to a Convertible Note Purchase Agreement, dated as of August __, 2002 (as amended, modified, renewed, extended or replaced from time to time, the "Note Purchase Agreement") and the Convertible Subordinated Promissory Note dated August __, 2002 (the "Subordinated Note") outstanding thereunder. It is a condition precedent to the continued borrowings under the Credit Agreement and the issuance of letters of credit thereunder and the continuance of the loans under the Amended and Restated Note Purchase Agreement that the Creditor deliver this Agreement to the Senior Lenders to provide for the subordination of the Borrower's indebtedness to the Creditor to the Senior Debt. The Creditor has agreed to the subordination of such indebtedness to it, upon the terms and subject to the conditions set forth in this Agreement. Accordingly, the parties hereto ag...
Rabobank International. New York Branch, as Issuing Lender, as Swingline Lender, as a Lender and as Agent
Rabobank International. New York Branch.
Examples of Rabobank International in a sentence
He has worked for ING Financial Markets, NV Nuon Energy Trade & Wholesale, Rabobank International, ABN AMRO, AFM, Ministry of Finance and various other banks within both their legal and credit departments.
Prior to Macquarie, Mr. Stewart held a range of risk management and business development roles at Rabobank International, Australian Industry Development Corporation (AIDC) and Sydney Futures Exchange Limited.
Certain subsidiaries of the group entered into a securitization transaction with Rabobank International for sale of trade receivables (hereinafter – “the Securitization Program” and/or “the Securitization Transaction”).
He has worked for ING Financial Markets, NV Nuon Energy Trade & Wholesale, Rabobank International and various other banks within both their legal and credit departments.
In any legal action or proceeding, the entries made by Lender in an account or accounts maintained by Lender or Rabobank International or any of their Affiliates in accordance with its usual practice and evidencing the Obligations, will be prima facie evidence of the existence and amounts of those Obligations.
More Definitions of Rabobank International
Rabobank International means Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A.
Rabobank International means Coöperatieve Rabobank U.A. trading as Rabobank; Rabobank International, London Branch means Coöperatieve Rabobank U.A trading as Rabobank London;
Rabobank International. New York Branch ("Rabobank") and CIBC World Markets Corp. ("CIBC"), as co-documentation agents (in such capacity, the "Co-Documentation Agents"); HARRIS TRUST AND SAVINGS BANK ("Harris"), as syndication agent (in suxx xxxacity, the "Syndication Agxxx"); and CITIGROUP GLOBAL MARKETS INC. ("CGMI") and Harris, as joint lead arrangers and joint bookrunners (in such capacixx, xxe "Joint Lead Arrangers"). The parties hereto agree as follows:
Rabobank International. New York Branch (“Rabobank”) as letter of credit issuing bank (in such capacity, the “Issuing Lender”), as swingline lender (in such capacity, the “Swingline Lender”) and as administrative agent for the Lenders hereunder (in such capacity, the “Agent”);
Rabobank International means Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., a foreign banking organization organized as a cooperative bank under the laws of The Netherlands.
Rabobank International. New York Branch. Capitalized terms used but not defined in this Note are used with the meanings ascribed to them in the Agreement. Notwithstanding any other provisions contained in this Note, if at any time the Note Interest payable by the Borrower under this Note, when combined with any and all other charges provided for in this Note, in the Agreement or in any other document (to the extent such other charges would constitute interest for the purpose of any applicable law limiting interest that may be charged on this Note), exceeds the highest rate of interest permissible under applicable law (the "Maximum Lawful Rate"), then so long as the Maximum Lawful Rate would be exceeded the rate of interest under this Note shall be equal to the Maximum Lawful Rate. If at any time thereafter the rate of interest payable under this Note is less than the Maximum Lawful Rate, the Borrower shall continue to pay interest under this Note at the Maximum Lawful Rate until such time as the total interest paid by the Borrower is equal to the total interest that would have been paid had applicable law not limited the interest rate payable under this Note. In no event shall the total interest received by the Lender under this Note exceed the amount which the Lender could lawfully have received had the interest due under this Note been calculated since the date of this Note at the Maximum Lawful Rate. Payments of the principal of, premium, if any, and Note Interest on this Note shall be made by the Borrower to the holder hereof by wire transfer of immediately available funds by 11:00 a.m. (New York City time), in the manner and at the address specified for such purpose as provided in Section 2.9 of the Agreement, or in such manner or at such other address as the holder of this Note shall have specified in writing by the Borrower for such purpose, without the presentation or surrender of this Note or the making of any notation on this Note. If any payment under this Note falls due on a day which is not a Business Day, then such due date shall be extended to the next succeeding Business Day and Note Interest shall be payable on any principal so extended. The Borrower expressly waives presentment, demand, diligence, protest and all notices of any kind whatsoever with respect to this Note. This Note is secured by the security interests granted to the Collateral Agent pursuant to the Agreement, the holder of this Note is entitled to the benefits of the Agreement and may enforce the ...
Rabobank International. New York Branch, as agent and custodian (in its capacity as agent, the "Agent"). Capitalized terms used herein shall have the meanings assigned to such terms in the Receivables Purchase Agreement. The Seller hereby requests the following Incremental Purchase (the "Proposed Purchase"): ------------------------------------------------------------ --------------------------------------------------------- Requested increase in Investment (i.e.: Purchase Price) [U.S./CDN $] ------------------------------------------------------------ --------------------------------------------------------- Business Day of Proposed Purchase ------------------------------------------------------------ --------------------------------------------------------- ------------------------------------------------------------ --------------------------------------------------------- The proceeds of the Proposed Purchase should be remitted to the Seller by wire transfer in accordance with the following instructions: