Common use of Indebtedness of a Guarantor Clause in Contracts

Indebtedness of a Guarantor. (other than a Borrower) owing to another Guarantor (other than a Borrower); provided that such Indebtedness shall not result in such Guarantor being treated as a conduit entity within the meaning of U.S. Treasury regulations section 1.881-3(a)(2)(ii)(B)(2)(iii) and which shall be evidenced by a note (which shall, unless the Administrative Agent shall otherwise agree, be in the form of Exhibit A to the Subsidiary Pledge Agreement) and shall, pursuant to a Subsidiary Pledge Agreement, be pledged to the Administrative Agent for its benefit and that of the Secured Parties;

Appears in 2 contracts

Samples: Credit Agreement (Kerzner International LTD), Credit Agreement (Kerzner International Employment Services LTD)

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Indebtedness of a Guarantor. (other than a Borrower) owing to another Guarantor (other than a Borrower); provided that such Indebtedness -------- shall not result in such Guarantor being treated as a conduit entity within the meaning of U.S. Treasury regulations section 1.881-3(a)(2)(ii)(B)(2)(iii) and which shall be evidenced by a note (which shall, unless the Administrative Agent shall otherwise agree, be in the form of Exhibit A to the Subsidiary Pledge Agreement) and shall, pursuant to a Subsidiary Pledge Agreement, be pledged to the Administrative Agent for its benefit and that of the Secured Parties;

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International North America Inc)

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Indebtedness of a Guarantor. (other than a Borrower) owing to another Guarantor (other than a Borrower); provided PROVIDED that such Indebtedness shall not result in such Guarantor being treated as a conduit entity within the meaning of U.S. Treasury regulations section 1.881-3(a)(2)(ii)(B)(2)(iii) and which shall be evidenced by a note (which shall, unless the Administrative Agent shall otherwise agree, be in the form of Exhibit A to the Subsidiary Pledge Agreement) and shall, pursuant to a Subsidiary Pledge Agreement, be pledged to the Administrative Agent for its benefit and that of the Secured Parties;

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International Hotels LTD)

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