Examples of Member Guarantor in a sentence
If audited financials are not available for the Proposer, an Equity Member, Guarantor or Lead Contractor (if applicable), the QS shall include unaudited financial statements for such entity, certified as true, correct and accurate by the chief financial officer (“CFO”), treasurer or equivalent officer of the entity.
If no material change has occurred and none is pending, the Proposer, Equity Member, Guarantor or Lead Contractor, as applicable, shall provide a letter from its CFO, treasurer or equivalent officer so certifying.
If financial statements are not available in U.S. dollars, the Proposer, Equity Member, Guarantor or Lead Contractor (if applicable) must include summaries of the income statements and balance sheets for the applicable time periods converted to U.S. dollars by a certified public accountant.
If financial statements are not available in U.S. dollars, the Proposer, Equity Member, Guarantor or Lead Contractor (if applicable) must include summaries of the Income Statements and Balance Sheets for the applicable time periods converted to U.S. dollars by a certified public accountant.
This Deed of Guarantee may be amended, and the observance of any term hereof may be waived (either retroactively or prospectively), with (and only with) the written consent of each Member Guarantor and the Required Holders, except that no such amendment or waiver may, without the written consent of each Holder affected thereby, amend any of Section 2.01, 2.02, 4, this Section 5.01 or Section 5.04.
One or more additional Members may become party to this Deed of Guarantee by executing and delivering to each holder an Accession Deed in the form of Annex II hereto, in which case each such Member shall, from and after the date of the execution and delivery of such Accession Deed, be for all purposes a “Member Guarantor” hereunder, and each such Member Guarantor shall be deemed to have made the representations and warranties in Section 3 hereof to each holder as of such date.
Such Member Guarantor has the corporate or other organizational power and authority to own or hold under lease the properties it purports to own or hold under lease, to transact the business it transacts and proposes to transact, to execute and deliver this Deed of Guarantee and to perform the provisions hereof.
Each Member Guarantor that is a shareholder of another Member Guarantor hereby ratifies and confirms the entry by such other Member Guarantor into, and the performance by such other Member Guarantor of all of its obligations under, this Deed of Guarantee.
Information for each entity should be packaged separately and include a cover sheet identifying the name of the organization and its role as Proposer, Equity Member, Guarantor or Lead Contractor (if applicable).
No liability for any Tax, directly or indirectly, imposed, assessed, levied or collected by or for the account of any Governmental Authority of or in the jurisdiction of organization of such Member Guarantor or any political subdivision thereof or therein will be incurred by such Member Guarantor or any Holder of a Note as a result of the execution or delivery of this Deed of Guarantee, except for any Taxes which have been paid.