Luxembourg Guarantors. A Luxembourg Guarantor’s obligations is subject to the following guarantee limitation (or, in respect of any future Luxembourg Guarantor, a guarantee limitation, which will be contained in any Guarantor Joinder (if applicable)) to this Agreement, or in any other agreement or deed, under which that Luxembourg Guarantor becomes an additional Guarantor, substantially in the following form:
Luxembourg Guarantors. Any guarantee or indemnity provided by a Luxembourg entity (a “Luxembourg Guarantor”) under this Section 25 (Guarantees) for any obligations under this Facility Agreement of any direct or indirect Holding Company of the Luxembourg Guarantor, shall be limited, at any time, to an aggregate amount not exceeding ninety per cent (90%) of the greater of:
Luxembourg Guarantors. (a) Notwithstanding any other provisions of this Guaranty, any other guaranty entered into in connection with the Credit Agreement or as a result of the Credit Agreement, the Indenture or the Notes, in relation to each Subsidiary Guarantor organized under the laws of Luxembourg (the “Luxembourg Guarantor”) the maximum amount payable by that Luxembourg Guarantor under this Guaranty, any other guaranty entered into in connection with the Credit Agreement or as a result of the Credit Agreement, the Indenture or the Notes shall at no time exceed the Maximum Amount (as defined below) of that Luxembourg Guarantor.
Luxembourg Guarantors. Notwithstanding anything to the contrary herein, the guarantee, indemnity and other obligations of each Subsidiary Guarantor which is incorporated under or formed under the laws of the Grand-Duchy of Luxembourg (a “Luxembourg Guarantor”):
Luxembourg Guarantors. (a) Notwithstanding any other provision of this Credit Agreement, the maximum liability of any Guarantor incorporated under the laws of Luxembourg (a “Luxembourg Guarantor”) under this Section 9.10 for the Obligations of any obligor (including, but not limited to, the Borrower) which is not a direct or indirect Subsidiary of such Luxembourg Guarantor shall be limited to the sum of:
Luxembourg Guarantors. (a) Each Luxembourg Guarantor will comply with all applicable laws, rules, regulations and orders relating to the approval, filing or publication of annual accounts, promptly and in any event within the applicable time frames provided by the relevant Luxembourg law, rule, regulation or order and (b) no Luxembourg Guarantor will change its jurisdiction of formation to nor maintain the center of its main interests in any jurisdiction within the European Community other than Luxembourg.
Luxembourg Guarantors. The obligations of a Guarantor incorporated in Luxembourg (other than Parent) (each, a “Luxembourg Guarantor”) under this Article 10 shall at all times be limited to an aggregate amount not exceeding the greater of:
Luxembourg Guarantors. The Guaranteed Obligations of a Guarantor incorporated in Luxembourg shall at all times, notwithstanding any other provision hereof to the contrary, (a) be automatically limited and reduced to an aggregate amount not exceeding the greater of (x) the aggregate of all principal amounts (with interests accrued thereon) (if any) borrowed by such Guarantor from one or several members of the Quiksilver Group (as defined below) that have been financed directly or indirectly under the Credit Agreement, increased by all fees incurred in relation to such borrowing or (y) the fair market value (valeur de réalisation) of 100% of such Guarantor’s own assets as determined, by an independent auditor (réviseur d’entreprises) designated upon the request of the Administrative Agent by the President of the Luxembourg Institut des Réviseurs d’Entreprises whose determinations shall be made in good faith and shall be binding absent manifest error, on the date of actual realization thereof less the lower of (ii) the subscribed and paid up capital of such Guarantor increased by the legal reserve or (i) the total amount payable to the other creditors of such Guarantor (excluding however creditors that are members of the Quiksilver Group (as defined below)), provided, however that: (z) such Guarantor shall not incur liabilities outside the normal course of business, nor shall it change the nature of its business, without the prior written consent of the Administrative Agent and any liabilities incurred in breach of these requirements shall not be deductible for the purpose of determining the maximum amount; and (b) shall not include any obligation which, if incurred, would constitute financial assistance within the meaning of article 49-6 of, or an abuse of assets as defined by article 171-1 of, the Luxembourg law on commercial companies dated August 10, 1915 as amended. For purposes of this Section 9, “Quiksilver Group” shall mean Quiksilver, Inc. and its direct and indirect Subsidiaries. Guaranty (Euro)
Luxembourg Guarantors. Xxxxxxxx Luxembourg S.A.R.L.
Luxembourg Guarantors. (a) Notwithstanding any other provisions of this Guaranty, any other guaranty entered into in connection with the Credit Agreement or as a result of the Credit Agreement, any Indenture or the Securities, in relation to each Guarantor organized under the laws of Luxembourg (the “Luxembourg Guarantor”) the maximum amount payable by that 11
