Examples of Irish Issuer in a sentence
The U.S. Issuer irrevocably appoints the Irish Issuer as its agent for all purposes relevant to this Indenture, including the giving and receipt of notices and execution and delivery of all documents, instruments, and certificates contemplated herein (including, without limitation, execution and delivery to the Trustee of an Issuers Order) and all modifications hereto.
Upon a Holdings USA Disposition, the Irish Issuer shall be the sole Issuer under the Notes and this Indenture, and the Notes and this Indenture shall remain in full force and effect and any reference in this indenture, the Notes and the Intercreditor Agreement (or any Additional Intercreditor Agreement) to the “Issuers” or the U.S. Issuer shall be deemed to be references only to the “Issuer” or the Irish Issuer, mutatis mutandis.
Under Irish law, upon an insolvency of an Irish company such as any Irish Issuer, when applying the proceeds of assets subject to fixed security which may have been realised in the course of a liquidation or receivership, the claims of a limited category of preferential creditors will take priority over the claims of creditors holding the relevant fixed security.
Where the Notes are issued by an Irish Issuer and such Notes are Short-term Investments then they will be issued in accordance with the exemption granted by the Central Bank’s Implementation Notice for Credit Institutions (BSD S2/00 of 30 June 2002) issued under Section 8 (2) of the Central Bank Act, 1971 inserted by Section 31 of the Xxxxxxx Xxxx Xxx 0000, as amended by Xxxxxxx 00 (x) xx xxx Xxxxxxx Xxxx Xxx, 0000.
Where the Notes are issued by an Irish Issuer and such Notes are Short-term Investments then they will be issued in accordance with the exemption granted by the Central Bank’s Implementation Notice for Credit Institutions (BSD S2/00 of 30 June 2002) issued under Section 8 (2) of the Central Bank Act, 1971 inserted by Section 31 of the Central Bank Act 1989, as amended by Section 70 (d) of the Central Bank Act, 1997.
The Successor Irish Issuer (if other than the Irish Issuer) will succeed to, and be substituted for, the Irish Issuer under this Indenture and the Notes and in such event the Irish Issuer will automatically be released and discharged from its obligation under this Indenture and the Notes.
The Irish Issuer, the directors of the Irish Issuer, a contingent, prospective or actual creditor of the Irish Issuer, or shareholders of the Irish Issuer holding, at the date of presentation of the petition, not less than one-tenth of the voting share capital of the Irish Issuer are each entitled to petition the court for the appointment of an examiner.
If, for any reason, an Irish Issuer is not or ceases to be entitled to the benefits of Section 110, then profits or losses could arise in such Issuer which could have tax effects not contemplated in the cashflows for the transaction and as such adversely affect the tax treatment of the Issuer and consequently the payments on the Notes.
As the Irish Issuer’s COMI is presumed to be Ireland, any main insolvency proceedings in respect of the Irish Issuer would fall within the jurisdiction of the courts of Ireland.
A Note issued by an Irish Issuer may be regarded as property situate in Ireland (and hence Irish source income) on the grounds that a bearer security is deemed to be situate where it is physically located or a debt is deemed to be situate where the debtor resides.