the Gurantor definition
Examples of the Gurantor in a sentence
The Issuer, the Gurantor and the Holders of Transfer-Restricted Securities agree that it would not be just and equitable if contributions pursuant to this subsection (d) were determined by pro rata allocation (even if the Holders of Transfer-Restricted Securities were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to above in this subsection (d).
Prior to the publication or, where relevant, mailing of any notice of redemption of the Notes pursuant to the foregoing and in accordance with Section 3.03 of the Indenture, the Issuer or the Gurantor, as the case may be, will deliver to the Trustee an opinion of counsel to the effect that there has been such change or amendment and otherwise in compliance with Section 13.03 of the Indenture which would entitle the Issuer to redeem the Notes hereunder.
No holder of any beneficial interest in any Global Security held on its behalf by a Depositary shall have any rights under this Indenture with respect to such Global Security, and such Depositary may be treated by the Company, the Guarantor, the Trustee, and any agent of the Company, the Gurantor or the Trustee as the owner of such Global Security for all purposes whatsoever.
The obligations of the Gurantor under this ------------- Guarantee Agreement will constitute unsecured obligations of the Guarantor and will rank subordinate and junior in right of payment to all other liabilities of the Guarantor except those made pari passu or subordinate to such obligations expressly by their terms.
The Company issued the Securities under an Indenture dated as of December 20, 2006 (the “Indenture”) among the Company, the Gurantor and the Trustee.
The execution and delivery of this Amendment, and the performance by such party of its obligations, in the case of the Borrower under the Loan Documents, and in the case of the Gurantor, the Guaranty, each as amended hereby, do not and will not conflict with any provision of law or of the charter or by-laws of such party or of any agreement binding upon such party.
Notwithstanding anything to the contrary contained in this Agreement, the Borrower and/or the Co-Borrower/s and/or the Guarantor/s agrees that the Bank shall be entitled to, at any time, in its discretion, recall the Overdraft Facility by giving to the Borrower and/or the Co- Borrower/s and/or the Gurantor 7 (seven) clear working days notice in writing.
The relative fault shall be determined by reference to, among other things, whether any untrue or any alleged untrue statement of a material fact or the omission or alleged omission to state a material fact relates to information supplied by the Gurantor or the Trust on the one hand or the Underwriters on the other, the intent of the parties, and their relative knowledge, access to information and opportunity to correct or prevent such untrue statement or omission.
The execution and delivery of this Amendment, and ------------ the performance by such party of its obligations, in the case of the Borrower under the Loan Documents, and in the case of the Gurantor, the Guaranty, each as amended hereby, do not and will not conflict with any provision of law or of the charter or by-laws of such party or of any agreement binding upon such party.