4H invest GmbH will hold in the future 1,019,235 Unrestricted dievini Shares, as at the same time Zweite DH Verwaltungs GmbH will join with separate accession agreement in respect of 20,394 Unrestricted dievini Shares transferred to it by invest GmbH. Bohlini invest GmbH will hold in the future 262,295 Unrestricted dievini Shares, as at the same date, # DH-LT Investments GmbH in respect of 836,904 Unrestricted dievini Shares and # Zweite DH Verwaltungs GmbH in respect of 1,884,278 Unrestricted dievini Shares, in each case, transferred to it by Bohlini invest GmbH, each will join with separate accession agreement. As a result, DH-LT Investments GmbH will in the future hold a total of 2,733,786 Unrestricted dievini Shares and Zweite DH Verwaltungs GmbH will in the future hold a total of 3,004,672 Unrestricted dievini Shares.
Zweite DH Verwaltungs GmbH, Opelstraße 28, D-68789 St. Leon-Rot (the “Existing Party 6”);
dievini Verwaltungs GmbH (in the name and for the account of dievini Hopp BioTech holding GmbH & Co. KG, Mr. Dietmar Hopp, MH-LT Investments GmbH, DH-LT Investments GmbH (for the remainder), Zweite DH Verwaltungs GmbH, invest GmbH and Bohlini invest GmbH on the basis of a legal power of attorney pursuant to [Section 11.3] in conjunction with [Section 11.1] of the Shareholders’ Agreement)
Existing Party 4 authorizes dievini Verwaltungs GmbH with registered office in Walldorf, registered with the Commercial Register of the Local Court of Mannheim under HRB 701940, by way of an arm’s length power of attorney in favor of Investor Bund to make and receive all declarations on behalf of Existing Party 4 and to take all measures to be made, received and taken under the Shareholders’ Agreement.
All declarations and other notifications arising from or in connection with this agreement must be made in writing. This requirement shall generally be fulfilled by written documents sent by mail or courier, fax or e-mail (text form, § 126b BGB), unless otherwise provided for in this Agreement in individual cases. Declarations and other notifications shall be sent for Existing Party 4 by the Parties to dievini Verwaltungs GmbH under the contact data specified in the Shareholders’ Agreement, which shall act as receiving agent until revoked.
"Existing Facility" means the revolving facility agreement dated between, inter alios, UniCredit Bank AG and Commerzbank AG, Luxembourg Branch as arrangers, UniCredit Bank AG as agent, Zellstoff- und Papierfabrik Rosenthal GmbH, Mercer Timber Products GmbH, Mercer Timber Products Stendal GmbH, Zellstoff Stendal GmbH, Mercer Holz GmbH, Stendal Pulp Holding GmbH and Zellstoff Stendal Transport GmbH as original borrowers and together with Mercer Pulp Sales GmbH as original guarantors and the financial institutions named therein as lenders.
"Target Group Guarantors" means, collectively, Mercer Torgau Holding GmbH (previously known as Wood Holdco GmbH), Mercer Torgau Beteiligungs GmbH (previously known as Erste HIT Beteiligungsgesellschaft mbH) and Mercer Torgau GmbH & Co. KG (previously known as HIT Holzindustrie Torgau GmbH & Co. KG) and "Target Group Guarantor" means any of them.
The Finance Parties, acting through the Security Trustee, agree not to demand payment from a Guarantor incorporated in Germany and constituted in the form of a GmbH (a "German GmbH Guarantor") or GmbH & Co. KG with a GmbH as general partner ((a "German GmbH & Co. KG Guarantor", and together with any German GmbH Guarantor hereinafter referred to as a "German Guarantor") under the guarantee and indemnity contained in this Clause 19 if and to the extent that:
"Target Group Borrower" means Mercer Torgau GmbH & Co. KG (previously known as HIT Holzindustrie Torgau GmbH & Co. KG).
ARROW CENTRAL EUROPE GMBH
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.