Common use of New Debtor Clause in Contracts

New Debtor. (a) If any member of the Group: (i) incurs any Liabilities; or (ii) gives any Security, guarantee, indemnity or other assurance against loss in respect of any of the Liabilities, the Debtors will procure that the person incurring those Liabilities or giving that assurance accedes to this Agreement as a Debtor, in accordance with paragraph (b) below, no later than contemporaneously with the incurrence of those Liabilities or the giving of that assurance. (b) With effect from the date of acceptance by the Security Agent of a Debtor Accession Deed duly executed and delivered to the Security Agent by the new Debtor or, if later, the date specified in the Debtor Accession Deed, the new Debtor shall assume the same obligations and become entitled to the same rights as if it had been an original Party as a Debtor.

Appears in 3 contracts

Samples: Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (Global Ship Lease, Inc.), Intercreditor Agreement (Global Ship Lease, Inc.)

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New Debtor. (a) If any member of the Group: (i) incurs any Liabilities; or (ii) gives any Security, guarantee, indemnity or other assurance against loss in respect of any of the Liabilities, the Debtors will procure that the person incurring those Liabilities or giving that assurance accedes to this Agreement as a Debtor, in accordance with paragraph (bc) below, no later than contemporaneously with the incurrence of those Liabilities or the giving of that assurance. (b) With effect from the date of acceptance by the Security Agent of a Debtor Accession Deed duly executed and delivered to the Security Agent by the new Debtor or, if later, the date specified in the Debtor Accession Deed, the new Debtor shall assume the same obligations and become entitled to the same rights as if it had been an original Party as a Debtor.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (LumiraDx LTD)

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New Debtor. (a) If any member Affiliate of the Groupa Debtor: (i) incurs any Senior Liabilities; or (ii) gives any Securitysecurity, guarantee, indemnity or other assurance against loss in respect of any of the Senior Liabilities, the Debtors will procure that the person incurring those Liabilities or giving that assurance accedes to this Agreement as a Debtor, in accordance with paragraph (b) below, no later than contemporaneously with the incurrence of those Liabilities or the giving of that assurance. (b) With effect from the date of acceptance by the Security Agent of a Debtor Accession Deed duly executed and delivered to the Security Agent by the new Debtor or, if later, the date specified in the Debtor Accession Deed, the new Debtor shall assume the same obligations and become entitled to the same rights as if it had been an original Party as a Debtor.

Appears in 1 contract

Samples: Intercreditor Agreement

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