Primary Guarantor definition
Examples of Primary Guarantor in a sentence
The Administrative Agent (or its counsel) shall have received (i) this Agreement executed and delivered by each party hereto, (ii) the Primary Guarantee, executed and delivered by each Primary Guarantor and (iii) the Supplemental Guarantee, executed and delivered by each Supplemental Guarantor.
The Borrower may designate any of its Subsidiaries (other than a Primary Guarantor) as Unrestricted Subsidiaries from time to time in compliance with the provisions of this Section 6.
No Obligor (other than the Parent Guarantor and the Primary Guarantor) shall incur any Debt to the extent that, after giving effect to such incurrence, such Debt could reasonably be expected to have a Material Adverse Effect provided that Debt which is permitted in accordance with the terms of Clause 20 (Financial Covenants) shall not be restricted by this Clause 21.15.
No representation, warranty or other statement by the Seller or the Shareholder herein, contains or will contain an untrue statement of material fact, or omits to state a material fact necessary to make the statements contained herein or therein not misleading.
If the Borrower has not indicated whether a document or notice delivered pursuant to Section 5.02 or otherwise contains Non-Public Information, the Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receive Material Nonpublic Information with respect to Ultimate Parent, the Primary Guarantor, its Subsidiaries and their respective securities.
The Primary Guarantor represents that its payment obligations under the Qualifying NL Holdco Notes rank at least pari passu with claims of all its other unsecured and unsubordinated creditors, except for obligations mandatorily preferred by law applying to companies generally.
The Primary Guarantor shall have delivered a Borrowing Base Certificate dated as of the Closing Date.
The representative credit score for loan qualification purposes is the lowest applicable score from all Borrowers or the score from the Primary Guarantor (when the Borrower is a legal entity).
To the best of the Directors’ knowledge, information and belief having made all reasonable enquiries, the Primary Guarantor and Secondary Guarantor are independent third parties, and there are no prior transactions entered into between the Group and either the Primary Guarantor or Secondary Guarantor.
Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Primary Guarantor or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.