Examples of ACS Bermuda Subsidiary in a sentence
The Issuer is a Bermuda exempted company, and each ACS Bermuda Subsidiary is a special purpose entity duly formed in its respective jurisdiction of formation, in each case with full power and authority to conduct its business; and none of the Issuer or any ACS Bermuda Subsidiary is in liquidation, examinership, bankruptcy or suspension of payments.
This Intercreditor Agreement constitutes, and the Related Documents to which it is a party, when executed and delivered will constitute valid, legally binding and (subject to general equitable principles, insolvency, liquidation, examination, reorganization and other laws of general application relating to creditors’ rights or claims or the concepts of materiality, reasonableness, good faith and fair dealing) enforceable obligations of the Borrower and each ACS Bermuda Subsidiary executing the same.
The representations and warranties made by the Borrower, the Guarantor, and each ACS Bermuda Subsidiary in each of the other Related Documents are true and accurate.
The Borrower shall cause each ACS Bermuda Subsidiary (except any trust of which the Borrower or an ACS Bermuda Subsidiary is the holder of the legal and beneficial interest or any limited liability company that is managed by the Borrower as managing member) to have at least two Independent Directors.
The Borrower or an ACS Bermuda Subsidiary is the legal and beneficial owner of the Pledged Shares, the Pledged Debt, the Pledged Beneficial Interest and the Non-Agent Accounts pledged by the Borrower or any such ACS Bermuda Subsidiary pursuant to the Security Documents, free from all Encumbrances and claims whatsoever other than Permitted Encumbrances.
The Borrower shall not, and shall not permit any ACS Bermuda Subsidiary to, employ or maintain any employees other than as required by any provisions of local law; provided that directors shall not be deemed to be employees for purposes of this Section 5.02(o).
Subject to the Security Interests created in favor of the Collateral Agent and except for Permitted Encumbrances, there exists no Encumbrance over the assets or undertaking of (i) the Borrower which ranks prior to or pari passu with the obligation to make payments on the Loans or (ii) any ACS Bermuda Subsidiary.
The Issuer shall not, and shall not permit any ACS Bermuda Subsidiary to, employ or maintain any employees other than as required by any provisions of local law; provided that indenture trustees and directors shall not be deemed to be employees for purposes of this Section 5.02(o).
The Issuer or an ACS Bermuda Subsidiary is the legal and beneficial owner of the Pledged Shares, the Pledged Debt, the Pledged Beneficial Interest and the Non-Trustee Accounts pledged by the Issuer or any such ACS Bermuda Subsidiary pursuant to the Security Documents, free from all Encumbrances and claims whatsoever other than Permitted Encumbrances.
The Issuer shall not, and shall not permit any ACS Bermuda Subsidiary to, purchase or otherwise acquire any Aircraft other than the Initial Aircraft or any interest therein.