Guarantees and Suretyships. Company has no powers of attorney outstanding, (other than those issued in the ordinary course of business with respect to tax matters). Company has no obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise with respect to the obligations or liabilities of any Person.
Guarantees and Suretyships. It does not have any powers of attorney outstanding and it does not have any obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, or otherwise respecting the obligations or liabilities of any person, corporation, partnership, joint venture, association, organization, or other entity other than as an endorser of negotiable instruments in the ordinary course of business.
Guarantees and Suretyships. 13.1 The Board shall be entitled in its discretion to determine that any funding required by the Company, shall be provided by third parties, in which event the Company shall enter into appropriate agreements of loan (“the Loan Agreements”) with such third parties (“the Lenders”) on terms and conditions to be determined by the Board. In the event that the Lenders shall require, in respect of any Loan Agreement, that the Shareholders shall bind themselves as sureties for and/or co-principal debtors together with the Company in respect of any amount borrowed by the Company from the Lenders (“the Suretyship Undertakings”), or shall guarantee the obligations of the Company in terms of any Loan Agreement (“the Guarantees”), the Board shall be entitled to deliver a written notice (“the Guarantee Notice”) to each of the Shareholders, specifying:
13.1.1 the amount borrowed by the Company in terms of and the terms and conditions of the relevant Loan Agreement;
13.1.2 that the Shareholders shall be obliged to execute Suretyship Undertakings and/or Guarantees in respect of the relevant Loan Agreement; provided further that nothing herein contained shall impose or be construed as imposing on any Shareholder the obligation to furnish security to a Lender jointly and severally with any other Shareholder and/or to assume any actual or contingent liability for the obligations of the Company to such Lender in excess of its proportionate share, relative to its pro rata Shareholding of the Company from time to time, of such obligations;
13.1.3 when the Shareholders shall be obliged to execute the Suretyship Undertakings and/or the Guarantees, it being recorded that the Shareholders, or any of them, shall not be required so to execute the Suretyship Undertakings and/or the Guarantees before the expiry of a period of not less than 20 business days after the delivery of the Guarantee Notice to each Shareholder; and
13.1.4 the terms and conditions applicable in respect of the Suretyship Undertakings and/or the Guarantees, it being specifically recorded that the Board shall use its reasonable commercial efforts to procure that the Shareholders shall be jointly, but not jointly and severally, liable in terms of such Suretyship Undertakings and/or Guarantees.
13.2 On the delivery of the Guarantee Notice, the Shareholders shall be obliged to and shall execute the Suretyship Undertakings and/or the Guarantees on the basis and at the time required in terms of the Guarantee Notice, fai...
Guarantees and Suretyships. EZBid has no powers of attorney outstanding (other than those issued in the ordinary course of business with respect to tax matters). EZBid has no obligations or liabilities (absolute or contingent) as guarantor, surety, co-signer, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any person, corporation, partnership, joint venture, association, organization, or other entity.
Guarantees and Suretyships. HT has no powers of attorney outstanding (other than those issued in the ordinary course of business with respect to Tax matters), and HT has no material obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any Person.
Guarantees and Suretyships. HDI has no powers of attorney outstanding (other than those issued in the ordinary course of business with respect to tax matters), HDI has no obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any person, corporation, partnership, joint venture, association, organization, or other entity.
Guarantees and Suretyships. DMI has no powers of attorney outstanding (other than those issued in the ordinary course of business with respect to tax matters), DMI has no obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any person, corporation, partnership, joint venture, association, organization, or other entity.
Guarantees and Suretyships. The LLC has no powers of attorney outstanding (other than those issued in the ordinary course of business with respect to tax matters), the LLC has no obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any person, corporation, partnership, joint venture, association, organization, or other entity.
Guarantees and Suretyships. Neither Diamond nor any Subsidiary has -------------------------- any powers of attorney outstanding (other than those issued in the ordinary course of business with respect to Tax matters), and neither Diamond nor any Subsidiary has any material obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any Person.
Guarantees and Suretyships. Alacrity has no powers of attorney -------------------------- outstanding (other than those issued in the ordinary course of business with respect to Tax matters), and Alacrity has no material obligations or liabilities (absolute or contingent) as guarantor, surety, cosigner, endorser, co-maker, indemnitor, or otherwise respecting the obligations or liabilities of any Person.
