Substitute Guarantors definition

Substitute Guarantors means Significant Subsidiaries of the Borrower which (a) are not then Subsidiary Guarantors (except as provided below) and (b) in the aggregate, have Adjusted Revenues or hold assets (excluding Intercompany Receivables and Investments in Flex or any other Flex Subsidiary) that are at least equal to the Adjusted Revenues or assets (as applicable) of a Subsidiary or CFC referred to in clauses (b) or (d), as applicable, of the definition of “Ineligible Material Subsidiary” with respect to which the Borrower has elected not to provide a Subsidiary Guaranty; provided that, notwithstanding the provision set forth in clause (a) above, if the Borrower elects pursuant to clauses (b) and (d) of the definition of Ineligible Material Subsidiary to provide a Substitute Guaranty from a Substitute Guarantor in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary hereunder, the Borrower may designate Flextronics (Hungary) and/or Flextronics Sales (Mauritius) as Substitute Guarantors for such purposes (subject to the remaining provisions set forth in this definition and the provisions of this Agreement) notwithstanding the fact that the Subsidiaries Guaranties of Flextronics (Hungary) and Flextronics Sales (Mauritius) were provided on the Closing Date; provided further, that upon either such Subsidiary being deemed a Substitute Guarantor, clause (a) of this definition shall again apply.
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Substitute Guarantors means Significant Subsidiaries of the Borrower which (a) are not then Subsidiary Guarantors and (b) in the aggregate, have Adjusted Revenues or hold assets (excluding Intercompany Receivables and Investments in FIL or any other FIL Subsidiary) that are at least equal to the Adjusted Revenues or assets (as applicable) of a CFC referred to in clause (c) of the definition of “Ineligible Material Subsidiary” with respect to which the Borrower has elected not to provide a Subsidiary Guaranty.
Sample 1
Substitute Guarantors means Significant Subsidiaries of the Borrower which (a) are not then Subsidiary Guarantors (except as provided below) and (b) in the aggregate, have Adjusted Revenues or hold assets (excluding Intercompany Receivables and Investments in Flex or any other Flex Subsidiary) that are at least equal to the Adjusted Revenues or assets (as applicable) of a Subsidiary or CFC referred to in clauses (b) or (d) , as applicable, of the definition of “Ineligible Material Subsidiary” with respect to which the Borrower has elected not to provide a Subsidiary Guaranty ; provided that , notwithstanding the provision set forth in clause (a) above, if the Borrower elects pursuant to clauses (b) and (d) of the definition of Ineligible Material Subsidiary to provide a Substitute Guaranty from a Substitute Guarantor in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary hereunder, the Borrower may designate Flextronics (Hungary) and/or Flextronics Sales (Mauritius) as Substitute Guarantors for such purposes (subject to the remaining provisions set forth in this definition and the provisions of this Agreement) notwithstanding the fact that the Subsidiaries Guaranties of Flextronics (Hungary) and Flextronics Sales (Mauritius) were provided on the Closing Date; provided further , that upon either such Subsidiary being deemed a Substitute Guarantor, clause (a) of this definition shall again apply .
Sample 1

Examples of Substitute Guarantors in a sentence

  • Furthermore, if any Substitute Guarantor has succeeded to the interests of the Guarantor named herein, then the termination of such Substitute Guarantor's obligations under this Agreement shall be further conditioned upon such Substitute Guarantor satisfying the requirements with respect to a Substitute Guarantor under each of the New Guaranties, including, without limitation, the obligation to Provide Collateral under each of the New Guaranties (if applicable).

  • Compliance by Substitute Guarantors with the preceding sentence in place of asuch Ineligible Material Subsidiary which is a CFC shall be deemed to satisfy the Borrower’s obligations under the first sentence of this Section 6.10(a) with respect to such Material Subsidiary.

  • If, pursuant to clause (cclauses (b) or (d) of the definition of Ineligible Material Subsidiary, the Borrower elects to provide a Substitute Guaranty in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary which is a CFC, the Borrower shall cause the applicable Substitute Guarantors to comply with clauses (i) and (ii) above as if such Substitute Guarantors had themselves been Eligible Material Subsidiaries.

  • Compliance by Substitute Guarantors with the preceding sentence in place of a Material Subsidiary which is a CFC shall be deemed to satisfy the Borrower’s obligations under the first sentence of this Section 6.10(a) with respect to such Material Subsidiary.

  • Compliance by Substitute Guarantors with the preceding sentence in place of a Material Subsidiary which is a CFC shall be deemed to satisfy the Company’s obligations under the first sentence of this Section 6.10(a) with respect to such Material Subsidiary.

  • If, pursuant to clause (c) of the definition of Ineligible Material Subsidiary, the Borrower elects to provide a Substitute Guaranty in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary which is a CFC, the Borrower shall cause the applicable Substitute Guarantors to comply with clauses (i) and (ii) above as if such Substitute Guarantors had themselves been Eligible Material Subsidiaries.

  • Compliance by Substitute Guarantors with the preceding sentence in place of such Ineligible Material Subsidiary shall be deemed to satisfy the Company’s obligations under the first sentence of this Section 6.10(a) with respect to such Material Subsidiary.

  • If, pursuant to clauses (b) or (d) of the definition of Ineligible Material Subsidiary, the Company elects to provide a Substitute Guaranty in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary, the Company shall cause the applicable Substitute Guarantors to comply with clauses (i) and (ii) above as if such Substitute Guarantors had themselves been Eligible Material Subsidiaries.

  • If, pursuant to clause (c) of the definition of Ineligible Material Subsidiary, the Company elects to provide a Substitute Guaranty in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary which is a CFC, the Company shall cause the applicable Substitute Guarantors to comply with clauses (i) and (ii) above as if such Substitute Guarantors had themselves been Eligible Material Subsidiaries.

  • If, pursuant to clauses (b) or (d) of the definition of Ineligible Material Subsidiary, the Borrower elects to provide a Substitute Guaranty in replacement of a Subsidiary Guaranty otherwise required hereby to be provided by a Material Subsidiary, the Borrower shall cause the applicable Substitute Guarantors to comply with clauses (i) and (ii) above as if such Substitute Guarantors had themselves been Eligible Material Subsidiaries.


More Definitions of Substitute Guarantors

Substitute Guarantors means Significant Subsidiaries of the Company which (a) are not then Subsidiary Guarantors and (b) in the aggregate, have Adjusted Revenues or hold assets (excluding Intercompany Receivables and Investments in the Company or any other Subsidiary) that are at least equal to the Adjusted Revenues or assets (as applicable) of a Subsidiary or CFC referred to in clauses (b) or (d), as applicable, of the definition of “Ineligible Material Subsidiary” with respect to which the Company has elected not to provide a Subsidiary Guaranty.
Sample 1

Related to Substitute Guarantors

  • Guarantors means each of:

  • Original Guarantors shall have the meaning assigned to such term in the Preamble hereof.

  • Additional Guarantors shall have the meaning assigned to such term in the Preamble hereof.

  • Initial Guarantors shall have the meaning set forth in the preamble.

  • Note Guarantor means any Restricted Subsidiary that Incurs a Note Guarantee and its successors; provided that upon the release or discharge of such Person from its Note Guarantee with respect to the Notes in accordance with this Indenture, such Person ceases to be a Note Guarantor with respect to the Notes.

  • Note Guaranty means the guaranty of the Notes by a Guarantor pursuant to this Indenture.

  • Foreign Guarantors means and includes each Foreign Borrower and each Foreign Subsidiary Guarantor.

  • Corporate Guarantor means Navios Maritime Holdings Inc., a company incorporated in the Xxxxxxxx Islands and having its registered office at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Xxxxxxxx Xxxxxxx, XX00000;

  • Subsidiary Guarantors means (i) the subsidiaries listed in Schedule I hereto; (ii) any successor of the foregoing; and (iii) each other Subsidiary of the Company that becomes a Subsidiary Guarantor in accordance with Section 1305 hereof, in each case (i), (ii) and (iii) until such Subsidiary Guarantor ceases to be such in accordance with Section 1304 hereof.

  • Canadian Guarantors means and include each Canadian Borrower (in its capacity as a guarantor under the Canadian Guarantee) and each Canadian Subsidiary Guarantor.

  • U.S. Guarantors means and include each U.S. Borrower (in its capacity as a guarantor under the U.S. Guaranty) and each U.S. Subsidiary Guarantor.

  • Parent Guarantors means, (i) Parent, (ii) Holding, (iii) JBS Global Luxembourg S.à x.x., (iv)

  • Successor Guarantor shall have the meaning specified in Section 11.02(a)(i).

  • Guarantor means any one of them.

  • Additional Subsidiary Guarantor means each Person that becomes a Subsidiary Guarantor after the Closing Date by execution of an Accession Agreement as provided in Section 6.12.

  • Canadian Subsidiary Guarantor each Canadian Subsidiary of any Canadian Borrower which executes and delivers the Canadian Guarantee and Collateral Agreement, in each case, unless and until such time as the respective Canadian Subsidiary Guarantor ceases to constitute a Canadian Subsidiary of the Parent Borrower or is released from all of its obligations under the Canadian Guarantee and Collateral Agreement in accordance with the terms and provisions thereof.

  • U.S. Subsidiary Guarantor means each U.S. Subsidiary which has executed and delivered to the U.S. Administrative Agent the U.S. Subsidiary Guaranty (or a supplement thereto).

  • Original Guarantor means the Persons identified as such in the first paragraph of this Indenture until a successor Person shall have become such pursuant to the applicable provisions of this Indenture, and thereafter each such successor Person shall be an “Original Guarantor”.

  • Subsidiary Guarantor means, collectively, the Subsidiaries of the Borrower that are Guarantors.

  • Non-Guarantor means any Restricted Subsidiary that is not a Guarantor.

  • Initial Guarantor has the meaning set forth in the preamble hereto.

  • Seller Guarantor has the meaning set forth in the introductory paragraph to this Agreement.

  • Corporate Guarantee means the guarantee required to be executed hereunder by the Corporate Guarantor in such form as the Bank may agree or require ;

  • Funding Guarantors as defined in Section 7.2.

  • Guarantees As defined in the preamble hereto.

  • Subsidiary Guaranties means the Domestic Subsidiary Guaranty and each Foreign Subsidiary Guaranty.