Third party guarantees. No Obligor (other than Holdco) shall (and the Obligors shall ensure that no other member of the Group will) incur or allow to remain outstanding any guarantee in respect of any obligation of any person. This restriction does not apply to the following (in each case a Permitted Guarantee):
22.12.1 any guarantee arising under the Finance Documents;
22.12.2 performance bonds guaranteeing performance by an Obligor under any contract (not being in respect of Financial Indebtedness) entered into in the ordinary course of trade;
22.12.3 guarantees by Obligors in respect of the Permitted Financial Indebtedness of other Obligors;
22.12.4 any guarantee comprising a netting or set-off arrangement entered into by a member of the Group with an Approved Bank in the ordinary course of its banking arrangements for the purposes of netting debit and credit balances of that member of the Group or of other members of the Group with that Approved Bank, provided that such arrangement does not permit credit balances of Obligors to be netted with debit balances of members of the Group that are not Obligors;
22.12.5 any guarantee given by a person acquired by a member of the Group after the Signature Date which is incurred under arrangements in existence at the date of acquisition, but not incurred or increased or its maturity date extended in contemplation of, or since, that acquisition, and outstanding only for a period of 3 months following the date of acquisition;
22.12.6 any guarantee required to be given to any municipality, utility provider or other supplier of goods or services, and made by a member of the Group in the regular and ordinary course of business under which the aggregate liability (actual or contingent) of members of the Group does not at any time exceed R10,000,000;
22.12.7 any guarantee given to a landlord or financial institution in respect of premises occupied by a member of the Group for the rental obligations of a member of the Group, where the lease agreement and the guarantee are entered into in the ordinary course of trading and on arm’s length terms;
22.12.8 guarantees not otherwise permitted by this Clause above, under which the aggregate liability (actual or contingent) of members of the Group does not at any time exceed R10,000,000;
22.12.9 any guarantees referred to in paragraph 8 of Schedule 10 (Disclosure Schedule) as at the Signature Date; or
22.12.10 any guarantee expressly permitted in writing by the Facility Agent, provided that the aggrega...
Third party guarantees. (a) Except as provided in paragraph (b) below, no member of the Group may incur or allow to be outstanding any guarantee by such member of the Group or any of its Subsidiaries (other than any Unrestricted Subsidiaries) in respect of any person.
(b) Paragraph (a) does not apply to:
(i) any guarantee arising under the Transaction Documents or arising pursuant to an indemnity given by KDG or KDVS in favour of the provider of a report prepared in respect of the Existing Facility in connection with that report;
(ii) any guarantee comprising a netting or set-off arrangement entered into by a member of the Group with an Approved Bank in the ordinary course of its banking arrangements for the purposes of netting debit and credit balances of that member of the Group or of other members of the Group with that Approved Bank, provided that such arrangement does not permit credit balances of KDVS to be netted with debit balances of other members of the Group;
(iii) the endorsement of negotiable instruments in the ordinary course of trade;
(iv) performance bonds guaranteeing performance by an Obligor (not being KDG) under any contract (not being in respect of Financial Indebtedness) entered into in the ordinary course of trade;
(v) guarantees permitted under Clause 19.8 (Financial Indebtedness);
(vi) any guarantee (not being in respect of Financial Indebtedness) granted in the ordinary course of trading by an Obligor;
(vii) any guarantee given by KDVS or New Regco and subject to the Priority Agreement in respect of Financial Indebtedness under the Indenture Documents or Permitted KDG Debt;
(viii) any guarantee given by KDVS or New Regco in respect of any Financial Indebtedness of KDG incurred under the Hedging Documents;
(ix) any guarantee not otherwise permitted by this paragraph (b) provided that the aggregate liability under all such guarantees outstanding under this sub-paragraph (when aggregated with the amounts of all loans which are permitted to be made by members of the Group under Clauses 19.15(b)(iv) and (v)) shall not at any time exceed €20,000,000; or
(x) any guarantee issued by any member of the Group in respect of the obligations of an Unrestricted Subsidiary, so long as the recourse under that guarantee is limited in recourse to the net proceeds of shares, partnerships or other ownership interests held by a member of the Group in that Unrestricted Subsidiary, or the net proceeds of any debt owed by that Unrestricted Subsidiary to any member of the Group, ...
Third party guarantees. The Borrower will not, and will not permit any of its Subsidiaries to, deliver or provide Guarantees in respect of obligations of unconsolidated joint ventures or other Persons not constituting Subsidiaries in an aggregate amount exceeding $75,000,000 at any time.
Third party guarantees. The Borrower shall not incur or allow to remain outstanding any guarantee in respect of any obligation of any person. This restriction does not apply to guarantees entered into with the express prior consent of the Lender.
Third party guarantees. No Obligor shall, and will ensure that no other member of the Group shall, without the prior consent of the Majority Banks, grant any guarantee, bond, indemnity, counter-indemnity or similar instrument in respect of any material obligation of a person other than a member of the Group, save for:
(a) on the terms of the Finance Documents; or
(b) any guarantee related to the purchase or supply of goods and/or services by such Obligor or a member of the Group or a consortium or a group of companies of which such Obligor or a member of the Group is a party, which guarantee is given in the ordinary course of business.
Third party guarantees. Except as disclosed in the Corporation’s Disclosure Statement, none of the Corporation nor any of its Subsidiaries has given or agreed to give, or is a party to or bound by, any guarantee, surety or indemnity in respect of indebtedness, or other obligations, of any person other than the Corporation or any of its Subsidiaries, or any other commitment by which the Corporation or any of its Subsidiaries is or is contingently responsible for such indebtedness or other obligations.
Third party guarantees. (a) Except as provided in paragraph (b) below, no member of the Group may incur or allow to be outstanding any guarantee by such member of the Group or any of its Subsidiaries in respect of the indebtedness of any person which is not a member of the Group.
(b) Paragraph (a) above does not apply to:
(i) a Permitted Guarantee;
(ii) a Permitted Loan; or
(iii) a Permitted Transaction.
Third party guarantees. The Corporation is not a party to or bound by any agreement or guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any Person.
Third party guarantees. No Obligor will, and each Obligor will procure that none of its Subsidiaries will, incur or permit to be outstanding any guarantee, indemnity or other assurance against loss on the part of any person of a type referred to in paragraph (i) of the definition of "
Third party guarantees. (a) In this Subclause, a guarantee includes an indemnity or other assurance against loss.
(b) Subject to Clause 17.6 (Financial Indebtedness), the Company must not incur or allow to be outstanding any guarantee by it in respect of any person.
