Auditors’ Determination. a) If the relevant German Guarantor claims that a Capital Impairment would occur on payment under this Guarantee, the German Guarantor may (at its own cost and expense) arrange for the preparation of a balance sheet by a firm of recognised auditors (the “Auditors”) in order to have such Auditors determine whether (and if so, to what extent) any payment under this Guarantee would cause a Capital Impairment (the “Auditors’ Determination”).
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Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc)
Auditors’ Determination. (a) If the relevant German Guarantor claims that a Capital Impairment would occur on payment under this Guarantee, the German Guarantor may (at its own cost and expense) arrange for the preparation of a balance sheet by a firm of recognised recognized auditors (the “Auditors”) in order to have such Auditors determine whether (and and, if so, to what extent) any payment under this Guarantee would cause a Capital Impairment (the “Auditors’ Determination”).
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Samples: Facility Agreement (Toys R Us Inc), Syndicated Facility Agreement (Toys R Us Inc)
Auditors’ Determination. a(i) If the relevant German Guarantor claims that a Capital Impairment or Liquidity Impairment would occur on payment under this the German Guarantee, the German Guarantor may (at its own cost and expense) arrange for the preparation of a balance sheet by a firm of recognised auditors (the “AuditorsAuditor”) in order to have such Auditors Auditor determine whether (and and, if so, to what extent) any payment under this the German Guarantee would cause a Capital Impairment or Liquidity Impairment (the “Auditors’ Auditor’s Determination”).
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Auditors’ Determination. a(i) If the relevant German Guarantor claims that a Capital Impairment or Liquidity Impairment would occur on payment under this the German Guarantee, the German Guarantor may (at its own cost and expense) arrange for the preparation of a balance sheet by a firm of recognised auditors (the “AuditorsAuditor”) in order to have such Auditors Auditor determine whether (and and, if so, to what extent) any payment under this the German Guarantee would cause a Capital Impairment or Liquidity Impairment (the “Auditors’ Auditor’s Determination”).. 156
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