Examples of Applicable Guarantors in a sentence
The Loan Guaranty of all Applicable Guarantors shall terminate on the Termination Date.
If acceleration of the time for payment of any of the Applicable Guaranteed Obligations is stayed upon the insolvency, bankruptcy, arrangement or reorganization of any Borrower within the applicable Borrower Group, all such amounts otherwise subject to acceleration under the terms of any agreement relating to the Applicable Guaranteed Obligations shall nonetheless be payable by the Applicable Guarantors forthwith on demand by the Agent, the Applicable Lender or the other applicable Secured Party.
Certain resolutions of the Board of Directors of each of the Applicable Guarantors which is a corporation, and resolutions of the sole member of each of the Applicable Guarantors that is a limited liability company, in each instance adopted by unanimous written consent dated June 23, 2004 and June 30, 2004, and each as certified by the Secretary of each such Applicable Guarantor on the date hereof as being complete, accurate and in effect.
The Bylaws of each of the Applicable Guarantors that is a corporation, and the Limited Liability Company Agreement of each of the Applicable Guarantors that is a limited liability company, in each case as certified by the Secretary of each such Applicable Guarantor on the date hereof as being complete, accurate and in effect.
In connection with such examination, I have reviewed, among other things, the corporate or limited liability company records of the Applicable Guarantors and the terms of the Indenture and the Notes.
I have relied, without investigation, upon the following assumptions: (i) natural persons who are involved on behalf of the Applicable Guarantors have sufficient legal capacity to enter into the Indenture and (ii) each document submitted to me for review is accurate and complete, each such document that is an original is authentic, each such document that is a copy conforms to an authentic original, and all signatures on each such document are genuine.
The Applicable Guarantors waive, to the fullest extent permitted by law, the benefit of any statute of limitations affecting its liability hereunder or the enforcement thereof.
Any payment by the Borrowers or other circumstance which operates to toll any statute of limitations as to the Borrowers shall operate to toll the statute of limitations as to the Applicable Guarantors.
In rendering the opinions expressed below, we have assumed and have not verified (i) the legal capacity of all natural persons (other than the Applicable Guarantors), (ii) the genuineness of the signatures on all documents that we have examined, (iii) the conformity to the originals of all documents supplied to us as certified or photostatic or faxed copies and (iv) the authenticity of the originals of such documents.
It is not necessary for any Guaranteed Creditor to inquire into the capacity or powers of the Applicable Guarantors or any of their Subsidiaries or the officers, directors, partners or agents acting or purporting to act on their behalf, and any Guaranteed Obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed hereunder.