Loan Guarantees;. Subsidies;
Loan Guarantees;. All guarantees of indebtedness owed to Company or any Company Subsidiary, including without limitation those of the Federal Housing Administration, the Small Business Administration, and any other Governmental Entity, are valid and enforceable, except as limited by bankruptcy, insolvency, moratorium, reorganization, or similar Laws affecting the rights of creditors generally and the availability of equitable remedies.
Loan Guarantees;. The provisions of paragraph 2(d) of Article 8 shall not apply to subsidies in the form of loan guarantees granted by Viet Nam before the signature of this Agreement and until the expiry of such arrangements. However, should such guarantees give rise to any disbursements, these shall be made pursuant to paragraphs 3(a) and (b) of Article 8, as the case may be.
Loan Guarantees;. All guarantees of indebtedness owed to CFC or any CFC Subsidiary, including without limitation those of the Federal Housing Administration, the Small Business Administration, and any other Governmental Entity, are valid and enforceable, except as limited by bankruptcy, insolvency, moratorium, reorganization, or similar laws affecting the rights of creditors generally and the availability of equitable remedies.
Loan Guarantees;. The guarantees provided by the borrower must maintain their necessary guarantee capacity until the lender’s rights under this contract are extinguished. If the guarantee’s effectiveness declines or is lost, or if the guarantor encounters any of the conditions specified in Article 8, items (4) through (16), the lender has the right to stop disbursing any loans that have not yet been released under this contract and to recall any loans that have not yet matured.
Loan Guarantees;. 30 4.30 EVENTS SINCE DECEMBER 31, 1998. . . . . . . . . . . . . . . . .30 4.31 RESERVE FOR LOAN LOSSES . . . . . . . . . . . . . . . . . . . .30 4.32 LOAN ORIGINATION AND SERVICING. . . . . . . . . . . . . . . . .31 4.33 PUBLIC COMMUNICATIONS; SECURITIES OFFERING. . . . . . . . . . .31 4.34
Loan Guarantees;. Each Guarantor unconditionally guarantees the full and punctual payment of (x) all principal of all Loans outstanding from time to time under this Agreement, (y) all interest (including any interest that accrues after the commencement of any case, proceeding or other action relating to the bankruptcy, insolvency or reorganization of the Borrower (or would accrue but for the operation of applicable bankruptcy or insolvency laws), whether or not such interest is allowed or allowable as a claim in any such proceeding) on such Loans and (z) all other amounts now or hereafter payable by the Borrower pursuant to the Loan Documents (the amounts described in clauses (x), (y) and (z), collectively, the “Obligations”) when due (whether at stated maturity, upon acceleration or otherwise). If the Borrower fails to pay any Obligation punctually when due, each Guarantor agrees that it will forthwith on demand pay the amount not so paid at the place and in the manner specified in this Agreement, including without limitation with respect to Additional Amounts as provided under Section 5.14, which shall apply to each Guarantor in making payments hereunder as fully as though such Guarantor were the “Borrower” in making payments hereunder.
Loan Guarantees;. Subject to Section 5.4, if requested by the Board pursuant to a written request made to all, but not less than all, of the Shareholders, each of BioAmber Lux and Mitsui shall provide guarantees in favor of Lenders in respect of loans provided by such Lenders to the Company up to an aggregate amount equal to [***] and [***], respectively, in each case within thirty (30) days of the date of such request (or such longer period as the Board may determine, which period shall apply equally to all Shareholders), it being understood that, subject to the foregoing respective maximum amounts, (i) any such guarantees requested by the Board shall be allocated between the Shareholders in accordance with their respective Pro Rata Shares and (ii) if and to the extent that any such Lender so requests, such guarantees shall be provided by BioAmber on behalf of BioAmber Lux, which guarantees so provided by BioAmber shall be deemed to have been allocated to BioAmber Lux’s Pro Rata Share. In the event that Mitsui and BioAmber Lux tk-420278 (and/or BioAmber) provide guarantees in favor of Lenders according to the terms of this Section 5.1.4, the Company shall pay to each of Mitsui and BioAmber Lux (and/or BioAmber) an annual fee in respect of their respective guarantees of the loans provided by such Lenders in the amounts and pursuant to such terms as Mitsui and BioAmber mutually agree.
Loan Guarantees;. Doxxx X. Xxxxxxx xnd Juxx Xxxxxxx XII have personally guaranteed certain loans, the terms of which have been previously disclosed to Buyer (see Disclosure Schedule). Buyer hereby agrees to use reasonable efforts to have said guarantees released. If the appropriate lending institutions do not agree to release any or all of the personal guarantees, Buyer hereby agrees to indemnify Doxxx X. Xxxxxxx xnd Juxx Xxxxxxx XII in the event of a default on any of the obligations created by the loans.
3.1 Buyer agrees to indemnify and hold harmless Doxxx X. Xxxxxxx xnd Juxx Xxxxxxx XII and their heirs, executors, representatives and assigns (an "Indemnified Person") from and against any and all claims, demands, actions, causes of action, losses, costs, damages, liabilities and expenses, including, without limitation, reasonable legal fees (hereinafter referred to in the singular as a "claim" and in the plural as "claims") based upon, arising out of or resulting from any default of the certain loans. The indemnification set forth herein shall be in addition to any liability which Buyer may otherwise have to the Indemnified Person.
3.2 Within five (5) days after receiving written notice of any claim in respect of which an Indemnified Person may seek indemnification under Subsection 3.1 above, such Indemnified Person shall submit notice thereof to Buyer or Seller, as the case may be (sometimes referred to as an "Indemnifying Person"). The failure of the Indemnified Person so to notify the Indemnifying Person of any such claim shall not relieve the Indemnifying Person from any liability it may have hereunder except to the extent that (i) such liability was caused or increased by such omission, or (ii) the ability of the Indemnifying Person to reduce such liability was adversely affected by such omission. The Indemnified Person and the Indemnifying Person shall cooperate with, and assist, one another in the defense of any claim and any action, suit or proceeding arising in connection therewith; provided, however, that the Indemnifying Person shall have the right to investigate and defend any claim as the Indemnified Person shall have the right to employ separate counsel and to participate in the defense of any claim, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Person. No settlement of any claim for indemnification under this Section 3 shall be made without the consent of the Indemnifying Person.
Loan Guarantees;. 28 4.29 Events Since December 31, 1997 . . . . . . . . . . . . . . . . 28 4.30 Reserve for Loan Losses. . . . . . . . . . . . . . . . . . . . 29 4.31 Loan Origination and Servicing . . . . . . . . . . . . . . . . 29 4.32 Public Communications; Securities Offering . . . . . . . . . . 29 4.33
