Examples of Austrian Guarantors in a sentence
According to the Parties' understanding of the Austrian Capital Maintenance Rules as of the date hereof, the amount secured is not less than (i) that Austrian Guarantor's balance sheet profit (including retained earnings) (Bilanzgewinn) as defined in § 224 (3) lit A no.
All agreements of each of the Austrian Guarantors in this Supplemental Indenture shall bind its Successor Guarantor, except as otherwise provided in the seventh paragraph under Section 10.01 of the Indenture or elsewhere in this Supplemental Indenture.
Nothing in this Agreement shall be construed to create any obligation of the Austrian Borrower or the Austrian Guarantors (each, an “Austrian Obligor”) to act in violation of mandatory Austrian capital maintenance rules (Kapitalerhaltungsvorschriften) including, without limitation, § 82 et seq.
The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Austrian Guarantors.
In case the Lenders have reasonable doubt as to the amount of the contingent (or actual) liability (as determined by the relevant Austrian Guarantor's auditor) the Lenders shall be entitled to appoint an independent expert to determine the amount of the contingent (or actual) liability of such Austrian Guarantor (upon basis of which the Guarantee Fee will be calculated).
However, the Guarantee Fee shall not mature and become payable before three month from submission of the respective Austrian Guarantor's (audited) financial statements to the relevant competent court in accordance with Art.
Within three months of the end of each fiscal year the relevant Austrian Guarantor's auditor shall determine the amount of the contingent (or actual) liability of such Austrian Guarantor under this Guarantee and based upon such figure determine the amount of the annual Guarantee Fee.
Nothing in the Limited Guarantee, the Indenture and/or the Supplemental Indenture shall be construed to create any obligation of the Austrian Guarantors to act in violation of mandatory Austrian capital maintenance rules ( Kapitalerhaltungsvorschriften) including, without limitation, § 82 et seq.
Within 150 days after the end of Austrian Guarantor's fiscal year, Austrian Guarantor shall deliver to Landlord, for Landlord's information, Austrian Guarantor's financial information only if and when publicly available pursuant to the reporting requirements of any jurisdiction, in the form made publicly available pursuant to such reporting requirements.
In case the Security Agent and/or the Trustee have reasonable doubts as to the amount of the contingent (or actual) liability (as determined by the relevant Austrian Guarantor's auditor) the Security Agent and/or the Trustee shall be entitled to appoint an independent expert to determine the amount of the contingent (or actual) liability of such Austrian Subsidiary Guarantor (upon basis of which the Guarantee Fee will be calculated).