Foreign Guarantor of Payment definition

Foreign Guarantor of Payment means each of the Companies set forth on Schedule 3 hereto that shall have been designated a “Foreign Guarantor of Payment”, that are each executing and delivering a Guaranty of Payment, or any other Foreign Subsidiary that shall execute and deliver a Guaranty of Payment to Agent subsequent to the Closing Date.

Foreign Guarantor of Payment means each of the Companies set forth on Schedule 2 hereto that shall have been designated a “Foreign Guarantor of Payment”, that are each executing and delivering a Guaranty of Payment, or any other Foreign Subsidiary that shall execute and deliver a Guaranty of Payment to Agent subsequent to the Closing Date.

Foreign Guarantor of Payment means each of the Companies designated a "Foreign Guarantor of Payment" on Schedule 3 hereto each of which is executing and delivering a Guaranty of Payment, and any other Foreign Affiliate that shall execute and deliver a Guaranty of Payment to Agent subsequent to the Closing Date.

Examples of Foreign Guarantor of Payment in a sentence

• Anything herein to the contrary notwithstanding, no Foreign Borrower or Foreign Guarantor of Payment shall at any time be liable for the Indebtedness of US Borrower under this Agreement (exclusive of Indebtedness of the Foreign Borrowers that is guaranteed by US Borrower under this Agreement).

• Anything in this Agreement to the contrary notwithstanding, with respect to any Foreign Borrower or Foreign Guarantor of Payment organized under the laws of Italy, Agent and the Lenders hereby agree to comply with any formality or grace period required by article 1454 and 1845 of the Italian civil code (as the case may be).

• Anything herein to the contrary notwithstanding, the obligations of a Foreign Borrower or Foreign Guarantor of Payment organized under the laws of Slovakia under this Agreement or any other Loan Document shall not include any payment undertaking, obligation or liability to the extent such payment undertaking, obligation or liability would result in the infringement or circumvention of the provisions on capital maintenance set forth by Slovak Law (in particular Section 123(3) of the Slovak Commercial Code).

• Such appointments shall be irrevocable until the final payment of all amounts payable under this Agreement and the other Loan Documents, except that if for any reason the Process Agent appointed hereby ceases to be able to act as such, then each Foreign Guarantor of Payment shall, by an instrument reasonably satisfactory to the Administrative Agent, appoint another Person as such Process Agent subject to the approval of the Administrative Agent.

• Within 30 days after the Closing Date, each Foreign Guarantor of Payment shall have executed and delivered to the Administrative Agent, for the benefit of the Lenders, a Guaranty of Payment, along with accompanying corporate documentation consistent with those being delivered pursuant to Sections 4.2(g) and (h) hereof, and appropriate legal opinions, each in form and substance satisfactory to the Administrative Agent.

More Definitions of Foreign Guarantor of Payment

Foreign Guarantor of Payment means each Wholly-Owned Subsidiary of US Borrower that is also a Foreign Subsidiary and is designated a “Foreign Guarantor of Payment” on Schedule 3 hereto, each of which has executed and delivered a Guaranty of Payment, and any other Foreign Subsidiary that shall satisfy, in the opinion of Agent, the requirements of Section 2.13(b) hereof subsequent to the Second Restatement Closing Date.

Foreign Guarantor of Payment means each of the Companies set forth on Schedule 3 hereto as of the FourthSixth Amendment Effective Date that shall have been designated a “Foreign Guarantor of Payment”, that are each executing and delivering a Guaranty of Payment, or any other Foreign Subsidiary that shall execute and deliver a Guaranty of Payment to Agent subsequent to the FourthSixth Amendment Effective Date.

Foreign Guarantor of Payment means each of the Companies set forth on Schedule 3 hereto that shall have been designated a “Foreign Guarantor

Foreign Guarantor of Payment means each of the Foreign Subsidiaries set forth on Schedule B hereto that shall have been designated a “Foreign Guarantor of Payment”, that are each executing and delivering a Guaranty of Payment, or any other Foreign Subsidiary that shall execute and deliver a Guaranty of Payment to the Administrative Agent. For avoidance of doubt, the Canadian Subsidiary Guarantor is a Foreign Guarantor of Payment.

Foreign Guarantor of Payment means each of the Companies designated a “Foreign Guarantor of Payment” on Schedule 3 hereto, each of which is executing and delivering a Guaranty of Payment, and any other Foreign Subsidiary that shall deliver a Guaranty of Payment to the Administrative Agent subsequent to the Closing Date. “Foreign Lender” means (a) if the applicable Borrower is a U.S. Person, a Lender that is not a U.S. Person, and (b) if the applicable Borrower is not a U.S. Person, a Lender that is resident or organized under the laws of a jurisdiction other than that in which such Borrower is resident for tax purposes. “Foreign Subsidiary” means a Subsidiary that is organized under the laws of any jurisdiction other than the United States, any state thereof or the District of Columbia. “Fronting Exposure” means, at any time there is a Defaulting Lender, (a) with respect to an Issuing Lender, such Defaulting Lender’s outstanding Letter of Credit Exposure (to the extent of such Defaulting Lender’s Applicable Commitment Percentage of the Revolving Credit Commitment) with respect to Letters of Credit issued by such Issuing Lender, other than Letter of Credit Exposure as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or Cash Collateralized in accordance with the terms hereof; and (b) with respect to a Swing Line Lender, such Defaulting Lender’s Swing Line Exposure (to the extent of such Defaulting Lender’s Applicable Commitment Percentage of the Revolving Credit Commitment) made by such Swing Line Lender, other than Swing Loans as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders. 27

Foreign Guarantor of Payment means each of the Subsidiaries of Parent designated a “Foreign Guarantor of Payment” on Schedule 3 hereto, and any other Foreign Subsidiary of Parent that shall execute and deliver a Guaranty of Payment (and all applicable Security Documents) to the Administrative Agent subsequent to the Closing Date.

Foreign Guarantor of Payment means any Wholly-Owned Subsidiary of US Borrower that shall also be a Foreign Subsidiary that, after the Restatement Closing Date, shall have satisfied, in the opinion of Agent, the requirements of Section 2.13(b) hereof.