Examples of Primary Guarantor in a sentence
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.
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.
Each Compliance Certificate referred to above shall be signed by a duly authorised officer of the Parent Guarantor and (in the case of each Compliance Certificate from the Borrower and the Primary Guarantor) by a duly authorised officer of the Borrower or the Primary Guarantor (as appropriate).
All Equity Interests of each Loan Party are duly and validly issued and are fully paid and non-assessable (to the extent such concepts are applicable) and are owned by the Primary Guarantor, directly or indirectly, through Wholly Owned Subsidiaries.
All Equity Interests of the Primary Guarantor are owned directly by Ultimate Parent.
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.
Notwithstanding the foregoing, for purposes of determining compliance with any covenant (including the computation of any financial covenant) contained herein, Indebtedness of the Primary Guarantor and its Subsidiaries shall be deemed to be carried at 100% of the outstanding principal amount thereof, and the effects of FASB ASC 825 and FASB ASC 470-20 on financial liabilities shall be disregarded.
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.
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.
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.