Facility Guarantees definition
Examples of Facility Guarantees in a sentence
The Company has made available to Parent and Merger Sub a true, correct and complete copy of any guarantees or other security agreements for the Facility Leases (the “Facility Guarantees”) listed in Schedule 7.25(a) (which Facility Guarantees comprise all of the guarantees and security agreements relating to real property and/or immovable property related to the Facility Leases).
Except as otherwise expressly provided herein, all terms and conditions of the Credit Agreement, the Security Agreement, the Facility Guarantees and the other Loan Documents remain in full force and effect.
The Cash Flow Bridge Facility Guarantees will rank equal in right of payment with the guarantees provided in connection with the Capital Markets Bridge Facility (if any), the Term Loans (if any), the Senior Notes (if any) and any other Permanent Financing (if any).
The Capital Markets Bridge Facility Guarantees will rank equal in right of payment with the Cash Flow Bridge Guarantees and the guarantees provided in connection with Term Loans (if any), the Senior Notes (if any) and any other Permanent Financing (if any).
The Obligations shall be jointly and severally guaranteed by each EXCO and Venus and each Subsidiary of Borrower pursuant to Facility Guarantees duly executed and delivered by each such Person.
The Loans and Commitments established pursuant to this Section 2.15 shall constitute Loans and Commitments under, and shall be entitled to all the benefits afforded by, this Agreement and the other Loan Documents, and shall, without limiting the foregoing, benefit equally and ratably from the Facility Guarantees.
If the lenders under the New Credit Facility require that the newly acquired or created U.S. Subsidiary guarantee the borrowers' obligations under the New Credit Facility, the Subsidiary Guarantees issued pursuant to this Section 4.19 will be subordinated in right of payment to Indebtedness under the New Credit Facility, Guarantees or refinancings thereof and Indebtedness incurred pursuant to clause (viii) of the second paragraph of Section 4.8(a).
The Trustee shall not be deemed to owe any fiduciary duty ------------------- to the holders of the Credit Facility Guarantees and shall not be liable to any such holders if it shall mistakenly pay over or distribute to holders of Notes or the Issuer or any other Person money or assets to which any holders of a Credit Facility Guarantee shall be entitled by virtue of this Article 13 or otherwise, except if such payment is made as a result of the willful misconduct of the Trustee.
The Obligations shall be jointly and severally guaranteed by EXCO and each Subsidiary of Borrower pursuant to Facility Guarantees duly executed and delivered by each such Person.
No director, officer, employee, incorporator or stockholder of the Guaranteeing Subsidiary shall have any liability for any obligations of the Guaranteeing Subsidiary under the Secured Obligations, the Credit Agreement, this Supplement, the Facility Guarantees or for any claim based on, in respect of, or by reason of, such obligations or their creation.