Examples of Third Issuer in a sentence
It may be necessary or desirable for the Third Issuer to seek to rely on such treaties particularly in respect of income and gains of the Third Issuer.
For example, fiscal practice could evolve such that the Third Issuer could be regarded as not being the beneficial owner because the overriding commercial object of the Third Issuer to allocate income and gains, less certain expenses and losses for the benefit of its Shareholders, and the Third Issuer is entitled to a tax deduction in respect of that allocation and, as such, the Third Issuer would not be able to rely on a double taxation treaty on its own behalf.
Certain preferred creditors of the Third Issuer (including the Luxembourg tax authorities and social security) may have a privilege that ranks senior to the rights of Noteholders in such circumstances, and this may affect the return for Noteholders in respect of a Series of Notes.
In that event, the Third Issuer or such Paying Agent shall make such payment after such withholding or deduction has been made and shall account to the relevant authorities for the amount so required to be withheld or deducted.
To mitigate the risk of potential preferred creditors, the Third Issuer will covenant in the Trust Deed not to incur any other indebtedness for borrowed moneys, other than issuing further notes (which may form a single series with the Notes of any Series) pursuant to the Programme and creating or incurring certain further obligations relating to such notes.(j) Insolvency proceedings in relation to the First IssuerThe First Issuer has its registered office in Ireland.
As a result, there can be no certainty that the Third Issuer will be able to rely on double tax treaties because fiscal practice of the construction of double tax treaties and the operation of the administrative processes surrounding those treaties may be subject to change.
Furthermore, the Arranger has, on behalf of the Third Issuer, agreed to pay certain fees, costs and expenses of the Third Issuer under a programme expenses letter and subsequent expenses letters in respect of Series of Notes (the “Third Programme Expenses Letter”, together with the First Programme Expenses Letter, the Second Programme Expenses Letter and any future expenses letters, the “Programme Expenses Letters”).
If the Third Issuer is declared bankrupt (for more information on the bankruptcy and insolvency proceedings that may apply to the Third Issuer, see the section of the Base Prospectus entitled “Description of the Third Issuer”), the Luxembourg courts will appoint a bankruptcy receiver (curateur) who shall be obliged to take such action as he deems to be in the best interest of the Third Issuer and of all creditors of the Third Issuer.
Subject to the provisions of Condition 5 below, the Class A Third Issuer Notes rank, irrespective of series, pari passu without preference or priority amongst themselves.
The pace of financial liberalization: And like Chile, Mexico adopted a “big bang” approach towards financial liberalization.