Foreign Guarantee definition

Foreign Guarantee shall have the meaning assigned to such term in Section 7.01.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedSchedule a Demo

Foreign Guarantee means the Foreign Guarantee Agreement, in the form of Exhibit F, among the Foreign Subsidiary Loan Parties and the Collateral Agent, as amended, supplemented or otherwise modified from time to time.

Foreign Guarantee is defined in Section 9.7(a).

Examples of Foreign Guarantee in a sentence

• In respect of any Additional Borrower that is a Foreign Subsidiary, the Administrative Agent shall have received the Foreign Guarantee Agreement (or a joinder in respect thereof), executed and delivered by such Additional Borrower and each of its Subsidiaries that is a Material Foreign Restricted Subsidiary.

• In respect of any Loan Party incorporated in Switzerland, any obligations of, and the use of any enforcement proceeds of security provided by, such Loan Party set out in this Agreement or any other Loan Document shall be limited as set out in Section 6.03 (Swiss Guaranty Limitations) of the Foreign Guarantee Agreement, which shall apply mutatis mutandis.

• This Guaranty is a continuing guaranty and shall remain in effect until all of the U.S. Guaranteed Obligations and Foreign Guarantee Obligations, respectively, shall have been Paid in Full.

• For the avoidance of doubt, the Release of German Guarantors does not affect, impair or reduce the obligations of any other party under the Foreign Guarantee Agreement.

• The Administrative Agent may resign as Administrative Agent upon 20 days’ notice to the Lenders and the U.S. Borrower; provided that, for purposes of the Dutch Security Documents, the German Security Documents, the U.S. Guarantee Agreement and the Foreign Guarantee Agreement, any resignation by the Administrative Agent shall not be effective with respect to its rights under the Parallel Debts until such rights are assigned to the successor agent.

More Definitions of Foreign Guarantee

Foreign Guarantee means the guarantee of each of the Foreign Guarantors, which guarantee shall, in each case, contain substantially the terms set forth in Article 21 hereof with such adjustments as may be reasonably necessary in order to comply with the requirements of Law in the jurisdiction in which such Foreign Guarantor is organized and/or existing, such adjustments to be in form and substance reasonably satisfactory to the Administrative Agent, and any additional guarantee of a Foreign Guarantor in respect of the Guaranteed Obligations. For the avoidance of doubt, no Person shall guarantee its own Obligations.

Foreign Guarantee a guarantee, in form and substance satisfactory to the Arrangers, to be delivered by a Foreign Subsidiary to the Administrative Agent pursuant to which such Foreign Subsidiary guarantees, in favor of the Administrative Agent, for the ratable benefit of the Lenders, the prompt and complete payment when due of the Obligations as amended, supplemented or otherwise modified from time to time.

Foreign Guarantee means, collectively, one or more guarantee agreements, as amended, supplemented or otherwise modified from time to time, each substantially in the form of Exhibit E-4 with such other modifications or in such other form as may be necessary to comply with applicable foreign laws and regulations and otherwise reasonably satisfactory to the Collateral Agent, among the applicable Foreign Subsidiary Loan Party and the Collateral Agent.

Foreign Guarantee means a Guarantee, substantially in the form of Exhibit J, subject to the Agreed Security Principles, the Legal Limitations and the Legal Reservations, with such changes as are necessary or advisable, in the reasonable discretion of the Administrative Agent, under the applicable law of the jurisdiction of organization of the Foreign Guarantor party thereto.

Foreign Guarantee means each guarantee with respect to the Obligations of Subsidiary Borrower executed and delivered by each Foreign Loan Party in accordance with the requirements of this Agreement and in form and substance reasonably satisfactory to the Agents and the Required Lenders and conforming to the requirements of applicable foreign law.

Foreign Guarantee means the Foreign Guarantee substantially in the form of Exhibit N attached hereto (with only such changes as are necessary to conform to the requirements of applicable foreign law) executed and delivered by each Foreign Guarantor in accordance with the requirements of this Agreement.

Foreign Guarantee means any Guarantee in favor of the Administrative Agent for the benefit of the holders of Foreign Obligations provided by a Foreign Subsidiary Guarantor in respect of the Foreign Obligations pursuant to documentation (including customary local law legal opinions) in form and substance reasonably satisfactory to the Company and the Administrative Agent, which documentation shall be based upon the Subsidiary Guarantee Agreement attached hereto as Exhibit D, subject to changes reflecting general statutory limitations, financial assistance, corporate benefit, fraudulent preference, capital maintenance or “thin capitalization” rules and similar principles which require that any Guarantee granted by such Foreign Subsidiary Guarantor be limited by an amount or otherwise, as may be applicable in the jurisdiction of incorporation of such Foreign Subsidiary Guarantor (it being understood that Foreign Guarantees will be so limited in circumstances where officers or directors of such Foreign Subsidiary Guarantor would be subject to a material risk of personal liability in the absence of any such limitation).