Examples of Yen Facility in a sentence
At the request of General Partner, the “Requisite Lenders” (as defined in Section 9.5(b) of the Yen Facility), by their execution of this Agreement, approve the “Modifications” (as defined in Section 9.5(b) of the Yen Facility) set forth in this Agreement.
Pursuant to the terms of the Master Agreement and subject to the terms of the Trademark Security Agreement executed in connection with the Existing Yen Facility, the trademarks constituting the Japanese Trademarks are registered in Japan in the name of Seven-Eleven Japan or Tokyo Leasing Co., Ltd.
Subject to its obligations under the Existing Yen Facility, Southland shall cooperate with the Collateral Agent to effect the assignments, filings and registration of the Japanese Trademarks contemplated by the Assignment of Japanese Trademarks.
Prior to the Existing Yen Facility Repayment Date the Swap Provider will make floating rate payments to the Paying Agent for the benefit of the Lenders in exchange for the accrual of the fixed rate payments due the Swap Provider (and interest thereon) at a fixed rate equal to the interest rate for the Loans hereunder, which shall be payable from the Japanese Royalties deposited in the New Lock Box Account after the Existing Yen Facility Repayment Date as provided herein and in the Swap.
Pursuant to irrevocable instructions to Citibank, N.A., Tokyo Branch, or such other bank at which the New Lock Box Account is maintained, which instructions are set forth in the Assignment of New Lock Box Account, all Japanese Royalties received in the New Lock Box Account after the Existing Yen Facility Repayment Date shall be retained in the New Lock Box Account and invested in Permitted Investments as directed from time to time by Southland.
It is anticipated and acknowledged by the Lenders that no Japanese Royalties will be paid into the New Lock Box Account until the Existing Yen Facility Repayment Date.
Southland is not (i) in default in respect of any material indebtedness including, without limitation, under the Existing Yen Facility or (ii) in default under any agreement, obligation or duty to which it is a party or by which it or any of its properties or assets is bound which default would have or is likely to have a material adverse effect on the ability of Southland to perform its obligations under the Master Agreement, this Agreement or any of the Security Documents.
On each Repayment Date prior to the Expected Existing Yen Facility Repayment Date the Swap Provider will make floating rate payments as described in Section 8.01 and provided in the Swap although no amounts will be received from Southland or Seven-Eleven Japan in respect of the New Yen Facility.
Recourse to Southland on the New Yen Facility will be limited to recourse to the Collateral and will not be a general obligation of Southland except for recourse for breach of indemnities or representations specifically provided herein to create general obligations.
The rights of the Agents and the Creditors in the Collateral are explicitly SUBJECT AND SUBORDINATE TO THE RIGHTS OF THE EXISTING YEN FACILITY LENDERS; no payment of Collateral will be made to the Creditors and no remedies will be exercised by the Collateral Agent or the Creditors against the Collateral until the repayment in full of all amounts due under the Existing Yen Facility.