Cashflow. Borrower hereby acknowledges that Lender does not have any fiduciary relationship to Borrower, and the relationship between Lender, on the one hand, and Borrower, on the other hand, is solely that of creditor and debtor and no joint venture exists between Lender and Borrower.
Cashflow. The Investor being reasonably satisfied that, as at the date of satisfaction or waiver of the last of the conditions under paragraphs 3.2(a) to (e) above, or (where this condition is not satisfied as at such date) such other date as prescribed under the Investment Agreement, the New Swiber Group’s net cashflow for the two-month period following Initial Closing will be breakeven or positive.
Cashflow. Before the Achievement Date only, the Borrower will once per annum make a prepayment to be applied against the outstandings under this Agreement in accordance with Clause 7.3.1 below within 120 days of the expiry of each Accounting Reference Period (beginning with the Accounting Reference Period ended 31st December 1998) in the amount of 50% of the aggregate of the unconsolidated Cashflow, without allowing for any duplication, of each Obligor (determined in accordance with the respective applicable Approved Accounting Principles) for the Accounting Reference Period then ended, if a positive number.
Cashflow. 7.12 If Borrower or any guarantor of the Obligations shall dissolve or liquidate, or be dissolved or liquidated, or cease legally to exist, or merge or consolidate, or be merged or consolidated with or into any corporation or entity;