Common use of Guarantor Intent Clause in Contracts

Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 (Waiver of defences), the Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document shall extend from time to time to any (however fundamental) variation, increase, extension or addition of or to any of the Finance Documents and/or any facility or amount made available under any of the Finance Documents for the purposes of or in connection with any of the following: business acquisitions of any nature; increasing working capital; enabling investor distributions to be made; carrying out restructurings; refinancing existing facilities; refinancing any other indebtedness; making facilities available to new borrowers; any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and any fees, costs and/or expenses associated with any of the foregoing.

Appears in 4 contracts

Samples: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)

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Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 23.4 (Waiver of defences), the each Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamental) variation, increase, extension (whether of maturity or otherwise, including pursuant to Clause 9.2 (Extension of Termination Date)) or addition of or to any of the Finance Documents and/or any facility or amount made available under any of the Finance Documents for the purposes of or in connection with any of the following: : (a) business acquisitions of any nature; ; (b) increasing working capital; ; (c) enabling investor distributions to be made; ; (d) carrying out restructurings; ; (e) refinancing existing facilities; ; (f) refinancing any other indebtedness; ; (g) making facilities available to new borrowers; ; (h) any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and and (i) any fees, costs and/or expenses associated with any of the foregoing.

Appears in 2 contracts

Samples: Note Subscription Agreement (CorpAcq Group PLC), Note Subscription Agreement (CorpAcq Group PLC)

Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 23.4 (Waiver of defences)) but subject to the limitations and exceptions provided in this Clause 23 or in any Accession Deed by which it became a Guarantor, the each Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamentalfundamental and of whatsoever nature and whether or not more onerous) variation, increase, extension or addition of or to any of the Finance Documents and/or any facility or amount made available under any of the Finance Documents (including pursuant to a Structural Adjustment), including without limitation, for the purposes of or in connection with any of the following: business acquisitions of any nature; increasing working capital; enabling investor distributions to be made; carrying out restructurings; refinancing existing facilities; refinancing any other indebtedness; making facilities available to new borrowers; any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and any fees, costs and/or expenses associated with any of the foregoing.

Appears in 2 contracts

Samples: Revolving Facility Agreement (Manchester United PLC), Revolving Facility Agreement (Manchester United PLC)

Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 21.4 (Waiver of defences), the each Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamental) variation, increase, extension (whether of maturity or otherwise, including pursuant to Clause 7.2 (Extension of Termination Date)) or addition of or to any of the Finance Documents and/or any facility or amount made available under any of the Finance Documents for the purposes of or in connection with any of the following: : (a) business acquisitions of any nature; ; (b) increasing working capital; ; (c) enabling investor distributions to be made; ; (d) carrying out restructurings; ; (e) refinancing existing facilities; ; (f) refinancing any other indebtedness; ; (g) making facilities available to new borrowers; ; (h) any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and and (i) any fees, costs and/or expenses associated with any of the foregoing.

Appears in 2 contracts

Samples: Senior Term Facilities Agreement (CorpAcq Group PLC), Senior Term Facilities Agreement (CorpAcq Group PLC)

Guarantor Intent. The Guarantor acknowledges that it will receive valuable direct or indirect benefits as a result of the transactions financed by the Finance Documents. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 17.4 (Waiver of defences), the Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamental) variation, increase, extension or addition of or to any of the Finance Documents and/or any facility or amount made available under any of the Finance Documents for the purposes of or in connection with any of the following: business acquisitions of any nature; increasing working capital; enabling investor distributions to be made; carrying out restructurings; refinancing existing facilities; refinancing any other indebtedness; making facilities available to new borrowers; any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and any fees, costs and/or expenses associated with any of the foregoing.

Appears in 2 contracts

Samples: Facility Agreement (Synnex Corp), Facility Agreement (Synnex Corp)

Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 16.4 (Waiver of defences), the Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamental) variation, increase, extension or addition of or to any of the Finance Documents (for avoidance of doubt, including any PIK Interest that has been capitalised under Clause 9.3 (Payment of interest - PIK)) and/or any facility or amount made available under any increase in the Principal Amount of the Finance Documents Promissory Certificates for the purposes of or in connection with any of the following: business acquisitions of any nature; , increasing working capital; enabling investor distributions to be made; carrying carry out restructurings; refinancing the existing facilitiesPromissory Certificates; refinancing any other indebtedness; making facilities available to new borrowers; any other variation or extension of the purposes for which any such facility or amount the Promissory Certificates might be made available used from time to time; and any fees, costs and/or expenses associated with any of the foregoing.

Appears in 1 contract

Samples: Subscription Agreement (Radius Global Infrastructure, Inc.)

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Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 paragraph 4 (Waiver of defences)) above and paragraph 11 (Guarantee Limitation) below, the each Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamentalfundamental and of whatsoever nature and whether or not more onerous) variation, increase, extension or addition of or to any of the Interim Finance Documents and/or any facility or amount made available under any of the Interim Finance Documents for the purposes of or in connection with any of the following: business acquisitions of any nature; increasing working capital; enabling investor distributions to be made; carrying out restructurings; refinancing existing facilities; refinancing any other indebtedness; making facilities available to new borrowers; any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and any fees, costs and/or expenses associated with any of the foregoing.

Appears in 1 contract

Samples: Commitment Letter (Atlas Investissement)

Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 8.3 (Waiver of defences), the each Guarantor expressly confirms that it intends that the guarantee created under this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document Agreement shall extend from time to time to any (however fundamental) variation, increase, extension or addition of or to any of the Finance Debt Documents and/or any facility facility, other financing or amount made available under any of the Finance Debt Documents for the purposes of or in connection with any of the following: business acquisitions of any nature; incurring new secured and guaranteed debt in accordance with the terms of the Debt Documents; increasing working capital; enabling investor distributions to be made; carrying out restructurings; refinancing existing facilitiesfacilities or other financing; refinancing any other indebtedness; making facilities or other financing available to new borrowers; any other variation or extension of the purposes for which any such facility facility, financing or amount might be made available from time to time; and any fees, costs and/or expenses associated with any of the foregoing.

Appears in 1 contract

Samples: Guarantee Agreement (Tidewater Inc)

Guarantor Intent. Without prejudice to the generality of Clauses 1.2 (Construction) and Clause 17.5 14.5 (Waiver of defences) and subject to Clause 14.2 (Scope and duration of the Guarantee and indemnity), the Guarantor expressly confirms that it intends that this Clause 17 (Guarantee and indemnity) and any Security Interest created by it under any Finance Document guarantee shall extend from time to time to any (however fundamental) variation, increase, extension or addition of or to any of the Finance Documents and/or any facility or amount made available under any of the Finance Documents for the purposes of or in connection with any of the following: : (a) business acquisitions of any nature; ; (b) increasing working capital; ; (c) enabling investor distributions to be made; ; (d) carrying out restructurings; ; (e) refinancing existing facilities; ; (f) refinancing any other indebtedness; ; (g) making facilities available to new borrowers; ; (h) any other variation or extension of the purposes for which any such facility or amount might be made available from time to time; and and (i) any fees, costs and/or expenses associated with any of the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Tiffany & Co)

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