Irish Terms. Where it relates to an Obligor incorporated in Ireland, a reference to “examiner” and “examinership” shall have the meaning given to such terms in Part 10 of the Companies 2014 of Ireland.
Irish Terms. In this Agreement, where it relates to an Irish Loan Party a reference to “inability to pay its debts” will be deemed to mean inability to pay its debts within the meaning of Section 509(3) or Section 570(d) of the Irish Companies Act; and the term “examiner” shall have the meaning given to it in Section 508(1) of the Irish Companies Act and the term “examinership” shall be construed in accordance with the Irish Companies Act.
Irish Terms. Where it relates to Loan Party organized under the laws of Ireland. (a) a reference to “examiner” and “examinership” have the meaning given to such terms in Part 10 of the Irish Companies Act 2014 and (b) a Person being unable to pay its debts includes such Person being unable to pay its debts within the meaning of Sections 509(3) and 570 of the Irish Companies Xxx 0000.
Irish Terms. In this Agreement, any reference to an "examiner" shall mean an examiner (including an interim examiner) appointed under section 509 of the Irish Companies Act and "examinership" shall be construed accordingly.
Irish Terms. In this Agreement, where it relates to an Irish entity or the context so requires, a reference to:
(a) examiner means an examiner or interim examiner appointed pursuant to Section 509 of the Irish Companies Act and examinership shall be construed accordingly;
(b) inability to pay its debts shall be deemed to mean the relevant Irish Obligor is unable to pay its debts within the meaning of section 509(3) or section 570 of the Companies Act 2014 of Ireland;
Irish Terms. (A) an “administration” includes an examinership within the meaning of the Companies (Amendment) Xxx 0000 of Ireland (as amended); and
(B) an “administrator” includes an examiner within the meaning of the Companies (Amendment) Xxx 0000 of Ireland (as amended).
Irish Terms. (a) Dissolution of an Irish Loan Party includes such entity being struck off the Register of Companies in Ireland.
(b) Enforcing (or any derivation) the Collateral includes the appointment of an administrator, examiner or process advisor (or any analogous officer in any jurisdiction) of an Irish Loan Party by the Administrative Agent.
(c) An examiner means an examiner (including any interim examiner) appointed under section 509 of the Companies Act (Ireland) and examinership shall be construed accordingly.
(d) Process advisor means a person appointed or acting as a process advisor within the meaning of section 558A(1) of the Companies Act (Ireland).
(e) A rescue process means the rescue process for small and micro companies contemplated by Part 10A of the Companies Act (Ireland).
(f) A person being unable to pay its debts includes that person being unable to pay its debts within the meaning of Sections 509(3) and 570 of the Companies Act (Ireland).
Irish Terms. For the purposes of the Facilities Agreement, the terms below shall have the following meanings:
Irish Terms. In respect of any Irish Loan Party:
Irish Terms. In this Agreement, where it relates to a Subsidiary registered in Ireland, a reference to:
(a) “inability to pay its debts” will be deemed to mean inability to pay its debts within the meaning of Section 570 of the Irish Companies Act; and
(b) the term “examiner” shall have the meaning given to it in Section 508 of the Irish Companies Act and the term “examinership” shall be construed in accordance with the Irish Companies Act.
