Existing Investments Sample Clauses
The 'Existing Investments' clause defines and addresses any investments that a party has made prior to entering into the current agreement. It typically outlines which assets, shares, or interests are considered pre-existing and clarifies that these are not subject to the terms or obligations of the new contract. For example, if a party already owns shares in a company before a joint venture agreement, those shares would be covered by this clause. The core function of this clause is to prevent confusion or disputes by clearly distinguishing between prior investments and those made under the new agreement, thereby protecting the parties' pre-existing interests.
Existing Investments. This Agreement shall also apply to investment made prior to its entry into force by investors of one Contracting Party in the territory of the other Contracting Party in accordance with its laws and regulations.
Existing Investments. Existing investments by investors of either Contracting Party have carried on the territory of the other Contracting Party before the entry into force of this agreement are also subject to the provisions of this Agreement. However, these provisions do not apply retroactively to activities carried out before the entry into force of this Agreement.
Existing Investments. Investment constituting 40% of the equity interests in High Desert Support Services LLC. None. This Assignment and Assumption (this “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor (as defined below) and the Assignee (as defined below). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex I attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions referred to below and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below, (a) all the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any Guarantees, Letters of Credit and Swingline Loans included in such facilities) and (b) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (a) above (the rights and obligations sold and assigned pursuant to clauses (a) and (b) above being referred to herein collectively as the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without rep...
Existing Investments. Ball Metal Food Container, LLC, has a loan to ▇▇▇▇▇ Creek Vegetable Company for an original principle amount of $14,000,000 under the Subordinated Term Loan Agreement dated February 28, 2014 Ball Corporation ▇▇▇ Soon-Ball Yamamura Inc. (Taiwan Supreme Metal Packaging) $ 1,425,516 Ball Southeast Asia Holdings (Singapore) PTE Ltd. Thai Beverage Can LTD. 1,276,605 Ball Metal Beverage Container Corp Rocky Mountain Metal Container, LLC 7,021,426 Ball Cayman Limited Latapack S.A. 111,543,610 Ball Cayman Limited Latapack—Ball Embalagens LTDA 84,733,433 Ball Packaging Europe GmbH BKV, Germany 137,979 Ball Packaging Europe Associations GmbH Forum Getrankedose GbR mbH 20,718 Ball Packaging Europe Handelsgesellschaft mbH OKO-PANNON Kht 9,485 Ball Packaging Europe Handelsgesellschaft mbH EKO-KOM a.s. Czech Republic 3,560 Ball Packaging Europe Handelsgesellschaft mbH Slopak, Slovenia 8,044 Ball Packaging Europe Handelsgesellschaft mbH ECO-ROM Ambalaje S.A. 2,082 Ball Packaging Europe UK Ltd. Green Dot Company Ltd., Cyprus 2 Ball Packaging Europe Belgrade d.o.o. SEKOPAK d.o.o., Belgrade 30,512 Ball International Holdings B.V. TBC-Ball Beverage Can Holdings Limited 22,972,000 Ball Asia Pacific Limited Ball Asia Pacific (Hubei) Metal Container Limited 51,872,213 Aerocan S.A.S. Copal S.A.S. 9,238,560 Ball Packaging Europe GmbH SARIO GRUNDSTICKS- VERMIETUNGSGESELLSCHAFT mbH & CO. OBJEKT ELFI 12,306 Ball Trading Germany GmbH, Germany Bund Getränkeverpackungen der Zukunft GbR, Germany 121,560 Ball Packaging Europe Holding BV, The Netherlands Ball Packaging India, India (99)% (2)157,182 Ball Packaging Europe Oss BV, The Netherlands Ball Packaging India, India (1)% (3)1,588 - All equity investments & loans held by the Company and its Subsidiaries with ownership of < 100%
Existing Investments. The Employee has certain investments in businesses which are not in competition with the Company, which investments are listed on Exhibit D hereto, which Exhibit D shall be updated by the Employee on an annual basis consistent with Company’s conflict of interest policy. In the event that the Company modifies its business operations such that it is in competition with such businesses, the Employee shall not as a result be deemed to be in violation of Section 10 or any provision of this Agreement by such or similar ownership.
Existing Investments. SCHEDULE 4.15 hereto accurately and completely lists the record owner, location and any relevant account numbers of all depository and operating accounts and marketable securities owned by the Credit Parties and their Subsidiaries as of the date hereof.
Existing Investments. EXHIBITS: A Form of Amended and Restated Guarantee and Collateral Agreement B-1 Form of Borrower Compliance Certificate B-2 Form of Holdings Compliance Certificate B-3 Form of SuperHoldings Compliance Certificate C-1 Form of Borrower Closing Certificate C-2 Form of Holdings Closing Certificate C-3 Form of Subsidiary Closing Certificate C-4 Form of SuperHoldings Closing Certificate D Form of Mortgage E Form of Assignment and Assumption F Form of Legal Opinion of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ LLP G-1 Form of Term Note G-2 Form of Revolving Credit Note G-3 Form of Swing Line Note H Form of Prepayment Option Notice I Form of Exemption Certificate J Form of Borrowing Base Certificate AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 13, 1998, as amended and restated as of December 10, 2003, as further amended and restated as of March 4, 2004, among NBC Holdings Corp., a Delaware corporation ("SuperHoldings"), NBC Acquisition Corp., a Delaware corporation ("Holdings"), Nebraska Book Company, Inc., a Kansas corporation (the "Borrower"), the several banks and other financial institutions or entities from time to time parties to this Agreement (the "Lenders") and JPMORGAN CHASE BANK, as administrative agent and collateral agent (in such capacity, the "Administrative Agent"), CITIGROUP GLOBAL MARKETS INC., as syndication agent (in such capacity, the "Syndication Agent") and FLEET NATIONAL BANK and ▇▇▇▇▇ FARGO BANK, N.A., as co-documentation agents (in such capacities, the "Co-Documentation Agents").
Existing Investments. Set forth on Schedule 4.01(u) hereto is a complete and accurate list of all Investments held by any Loan Party or any of its Subsidiaries on the Restatement Effective Date and having a value of $500,000 or more (other than Investments in Subsidiaries and the Permitted CoBank Investment), showing the amount, obligor or issuer and maturity, if any, thereof.
Existing Investments. Technology Development Agreement, Manufacturing and Licensing Agreement by and between SMART Modular Technologies, Inc. and Xockets, Inc., pursuant to which SMART Modular Technologies, Inc. purchased a $250,000 convertible note issued by Xockets, Inc. and will make two further $250,000 investments in Xockets, Inc. upon the occurrence of certain events.
Existing Investments. The Investments associated with the existing Indebtedness described in items 3 through 27 on Schedule 7.02 (Existing Indebtedness).