Cayman Guarantor definition
Examples of Cayman Guarantor in a sentence
All consolidated financial statements for Lombard Cayman Guarantor and its Subsidiaries (including Borrower), delivered to Collateral Agent fairly present, in conformity with IFRS, in all material respects the consolidated financial condition of Borrower and its Subsidiaries and the Lombard Cayman Guarantor and its Subsidiaries, and the consolidated results of operations of Borrower and its Subsidiaries and the Lombard Cayman Guarantor and its Subsidiaries.
The Lombard Cayman Guarantor may (at its sole discretion) procure that any of its Subsidiaries (other than Dormant Companies) which are not Grantors shall accede to the provision of this Deed as an Additional Guarantor by the delivery to the Collateral Agent of a duly completed and executed accession deed together with such other documentation and evidence as the Collateral Agent shall require, acting reasonably, each in a form and substance satisfactory to it.
Lombard Cayman Guarantor and its Subsidiaries, when taken as a whole, are Solvent.
Other than estimates of normal course cash expenditures included in the Annual Projections, there has not been any material deterioration in the consolidated financial condition of Lombard Cayman Guarantor and its Subsidiaries since the date of the most recent financial statements submitted to any Lender.
Failing this, the Collateral Agent may (at the expense of the Lombard Cayman Guarantor) appoint another agent for this purpose.
Except as may arise under the Finance Documents, none of the Parent, the Borrower, the HK Guarantor and the Cayman Guarantor has traded or incurred any liabilities or commitments (actual or contingent, present or future) other than as permitted by Clause 23.9 (Holding Companies).
Borrower, Parent, the Cayman Guarantor and any other Person that is a Guarantor and that has granted a Lien or any security interest pursuant to a Security Document in favor of Agent on its assets to secure any Obligations.
Unless otherwise waived by Agent, each of Parent, the Cayman Guarantor and Borrower shall provide advance written notice to Agent of a withdrawal request from any Specified Securities Account by 5:00 pm (Pacific time) on the Business Day prior to the requested withdrawal date.
The Collateral Agent hereby consents to Lombard Cayman Guarantor entering into the Merger Agreement and consummating the Merger on the date hereof, strictly in accordance with the terms of the Merger Agreement and, to the extent that any waivers under the Guarantee are required for Lombard Cayman Guarantor to enter into the Merger Agreement and consummate the Merger, the Collateral Agent hereby provide such waivers.
In order to facilitate the administration of the Loans and Agent’s security interest in the Obligor’s assets, each of Parent, the Cayman Guarantor and Borrower shall maintain Bank as their respective principal depository bank, including for the maintenance of operating and deposit accounts, lockbox administration, funds transfer, information reporting services and other treasury management services.