Examples of New Corporate Guarantor in a sentence
The Borrowers, the Corporate Guarantor and the New Corporate Guarantor acting individually or together shall not invest more than $10,000,000 in aggregate in any Joint Ventures of which any amounts in excess of $5,000,000 shall require the prior written consent of the Agent acting on the instructions of the Majority Lenders.
The Borrowers shall further ensure that any further equity raised by the New Corporate Guarantor shall be utilised in meeting the Borrowers’ equity contributions as required under this Clause in the first instance and any balance thereafter shall promptly be credited to the Restricted Equity Deposit Account.
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The Borrowers shall not and shall procure that the New Corporate Guarantor or any of its subsidiaries do not purchase any additional vessels without the prior written consent of the Agent acting on the instructions of the Majority Lenders.
Any amounts so withdrawn (an “Additional Capital Infusion”) shall be in exchange for the issuance to the Management Shareholders of Preferred Equity of the New Corporate Guarantor issued separately and apart from the Rights Offering.
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The Borrowers shall ensure that neither the New Corporate Guarantor nor any of its subsidiaries shall permit any new or increase their existing off balance sheet operating leases, operating lease payments and payments associated with vessels chartered in for more than 12 months without the prior written consent of the Agent acting on the instructions of the Majority Lenders.
The New Corporate Guarantor shall deposit the proceeds of any Capital Infusion up to $20,000,000, into one or more segregated accounts (the “Special Accounts”) held by the New Corporate Guarantor.
In accordance with the Investment Agreement and the Escrow Agreement, the Final Capital Infusion shall be available to be drawn, at the discretion of the New Corporate Guarantor, on or prior to the Equity Outside Date to fund Permitted Discretionary Activities or to maintain compliance with the Minimum Liquidity Covenant.