Examples of GmbH Guarantor in a sentence
In relation to any additional amounts for which the German GmbH Guarantor is liable under the Guarantee, the Finance Parties shall be entitled to further pursue their claims (if any) and the relevant German GmbH Guarantor shall be entitled to prove that this amount is necessary for maintaining its stated share capital (calculated as of the date the demand under the Guarantee was made).
If the German GmbH Guarantor fails to deliver the Management Determination or the Balance Sheet within the aforementioned time periods, the Finance Parties shall be entitled to enforce the Guarantee irrespective of the limitations set out in paragraph (b) above.
After the expiry of such three month period the relevant German GmbH Guarantor shall, within ten (10) Business Days, notify the Administrative Agent of the amount of the proceeds from the sale and submit a statement with a new calculation of the amount of the Net Assets taking into account such proceeds.
The Auditor’s Determination shall be binding on the respective German GmbH Guarantor.
Such calculation shall, upon the Trustee’s request (acting reasonably), be confirmed by one of the auditors of the relevant GmbH Guarantor within a period of 20 Business Days following the request.
The respective German GmbH Guarantor shall provide the Auditor’s Determination to the Collateral Agent within thirty (30) Business Days from the date on which the Collateral Agent (also on behalf the Note Purchasers) contested the Management Notification in writing.
The relevant German GmbH Guarantor shall fulfill its obligations under the guarantee and indemnity or assumed joint and several liability and the Administrative Agent shall be entitled to enforce the guarantee and indemnity or assumed joint and several liability in an amount which would, in accordance with the Management Determination, not cause a Capital Impairment of such German GmbH Guarantor.
NOAA, in its sole discretion, may continue the review process for applications with non-substantive issues that may be easily rectified or solved .
After the Conversion, this Section 5 shall apply mutatis mutandis to the general partner of Clarios Germany GmbH & Co. KGaA (then in the form of a Kommanditgesellschaft), in the manner that any reference to a GmbH Guarantor or the net assets of a GmbH Guarantor shall be construed to be a reference to that general partner or such general partner’s net assets.
After the expiry of such three months period the relevant GmbH Guarantor shall, within three Business Days, notify the Trustee of the amount of the net proceeds from the sale and submit a statement with a new calculation of the amount of the net assets of the relevant GmbH Guarantor taking into account such proceeds.