Examples of Counter Guarantor in a sentence
Except as approved, no substantial change will be made to the general nature of the business of the Counter Guarantor or the Obligors from that carried on at the date of this Agreement.
No Obligor (acting in any capacity whatsoever) will agree to cross-default provisions as part of another loan or credit agreement entered into with a financier which are more beneficial to that financier than those provisions set out in clause 28.6 (Cross-Default) other than those mentioned in the Counter Guarantor Representations Letter.
The transfer of facilities will not have any effect upon the ability of APS, PWCC, or PWE to meet their contractual obligations.
The Counter Guarantee and the Guarantee duly executed and a copy, certified by an approved person to be a true and complete copy of the Counter Guarantor Representations Letter.
On or after the date a Guarantor or a Counter Guarantor (as the case may be) enters into a Guarantor Accession Agreement or a Counter Guarantor Accession Agreement (as the case may be), the guarantee in Clause 15 (Guarantee) or the counter guarantee in Clause 16 (Counter Guarantee) (as the case may be) is not, or is alleged by a Guarantor or a Counter Guarantor (as the case may be) not to be, binding on or enforceable against a Guarantor or a Counter Guarantor (as the case may be).
Where any discharge (whether in respect of the obligations of any Obligor or any security for those obligations or otherwise) is made in whole or in part or any arrangement is made on the faith of any payment, security or other disposition which is avoided or must be restored on insolvency, liquidation or otherwise without limitation, the liability of each Counter Guarantor under this Clause 16 shall continue as if the discharge or arrangement had not occurred.
Once in every financial year, or more frequently if requested to do so by the Agent if the Agent reasonably suspects a Default is continuing or may have occurred or may occur, the Borrower shall procure that one director of the Counter Guarantor give a presentation to the Finance Parties about the on-going business and financial performance of the Group and any other matter which a Finance Party may reasonably request.
Guarantor Accession Agreement or Counter Guarantor Accession Agreement (as the case may be) duly executed by the Guarantor or Counter Guarantor (as the case may be) .
Each Counter Guarantor waives any right it may have of first requiring any Guarantor to proceed against or enforce any other rights or security or claim payment from any person before a claim is made from a Counter Guarantor under this Clause 16.
The Agent shall have received evidence of the appointment of CT Corporation as process agent for each of the [***] Supplemental Guarantor and the [***] Counter Guarantor.