Common use of Resignation of a Guarantor Clause in Contracts

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the Borrower may request that a Guarantor ceases to be a Guarantor by delivering to the Agent a Resignation Letter. (b) The Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (ii) no payment is due from the Guarantor under Clause 19.1 (Guarantee and Indemnity);

Appears in 2 contracts

Sources: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 25.4.1 The Borrower may request that a Guarantor (other than the Borrower) ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) 25.4.2 The Facility Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (ia) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case);; and (iib) no payment is due from all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Borrower's request.

Appears in 2 contracts

Sources: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 24.5.1. The Original Borrower may request that a Guarantor (other than the Original Borrower) ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) 24.5.2. The Facility Agent shall accept a Resignation Letter and notify the Original Borrower and the Lenders of its acceptance if: (i) 24.5.2.1. no Default is continuing or would result from the acceptance of the Resignation Letter (and the Original Borrower has confirmed this is the case);; and (ii) no payment is due from 24.5.2.2. the Guarantor under Clause 19.1 (Guarantee and Indemnity);Majority Lenders have consented to the Original Borrower’s request.

Appears in 2 contracts

Sources: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD), Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 25.5.1 The Original Borrower may request that a Guarantor (other than the Original Borrower) ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) 25.5.2 The Facility Agent shall accept a Resignation Letter and notify the Original Borrower and the Lenders of its acceptance if: (i) 25.5.2.1 no Default is continuing or would result from the acceptance of the Resignation Letter (and the Original Borrower has confirmed this is the case);; and (ii) no payment is due from 25.5.2.2 all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Original Borrower’s request.

Appears in 2 contracts

Sources: Term and Revolving Credit Facilities Agreement, Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the The Borrower may request that a Guarantor (other than the Borrower) ceases to be a Guarantor by delivering to the Agent a Resignation Letter. (b) The Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case);; and (ii) no payment is due from all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Borrower’s request.

Appears in 1 contract

Sources: Single Currency Term Facility Agreement (General Geophysics Co)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the Borrower ABB may request that a Guarantor ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) The Facility Agent shall accept a Resignation Letter and notify the Borrower ABB and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower ABB has confirmed this is the case);; and (ii) no payment is due from in the Guarantor under Clause 19.1 (Guarantee and Indemnity);case of an Original Guarantor, all the Lenders have consented to ABB’s request.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Abb LTD)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 24.4.1 The Borrower may request that a Guarantor ceases to be a Guarantor by delivering to the Agent Lender a Resignation Letter. (b) 24.4.2 The Agent Lender shall be entitled to consent to and accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if:if - (i) 24.4.2.1 no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case);; and (ii) no payment is due from 24.4.2.2 the requirements of 21.29 will be complied with immediately after such Guarantor under Clause 19.1 (Guarantee and Indemnity);ceases to be a Guarantor.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Karooooo Ltd.)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the Borrower 26.3.1 The Borrowers may request that a Guarantor ceases to be a Guarantor by delivering to the Agent a Resignation Letterresignation letter if all the Lenders have consented to the resignation of that Guarantor. (b) 26.3.2 The Agent shall accept a Resignation Letter resignation letter and notify the Borrower Borrowers and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (ii) no payment is due from the Guarantor under Clause 19.1 (Guarantee and Indemnity);

Appears in 1 contract

Sources: Secured Loan Agreement (Performance Shipping Inc.)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 25.4.1 The Borrower may request that a Guarantor (other than the Borrower) ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) 25.4.2 The Facility Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (ii) no payment is due from the Guarantor under Clause 19.1 (Guarantee and Indemnity);

Appears in 1 contract

Sources: Common Terms Agreement (Net 1 Ueps Technologies Inc)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 28.4.1 The Borrower may request that a Guarantor ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) 28.4.2 The Facility Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (i) 28.4.2.1 no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (ii) no payment is due from 28.4.2.2 all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Borrower's request. Common Terms Agreememt_Execution

Appears in 1 contract

Sources: Common Terms Agreement (Harmony Gold Mining Co LTD)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the The Original Borrower may request that a Guarantor (other than the Original Borrower) ceases to be a Guarantor by delivering to the Agent a Resignation Letter. (b) The Agent shall accept a Resignation Letter and notify the Original Borrower and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Original Borrower has confirmed this is the case);; and (ii) no payment is due from all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Original Borrower's request.

Appears in 1 contract

Sources: Facilities Agreement (Benfield Greig Group PLC)

Resignation of a Guarantor. (a) In connection with a Permitted REIT ReorganisationSubject to Clause 20.14 (Guarantors), the Borrower may request that a Guarantor (other than the Borrower) ceases to be a Guarantor by delivering to the Agent Lenders a Resignation Letter. (b) The Agent Lenders shall accept a Resignation Letter and notify the Borrower and the Lenders of its their acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (ii) no payment is due from the Guarantor under Clause 19.1 (Guarantee and Indemnity);

Appears in 1 contract

Sources: Senior Loan Note Subscription Agreement (Tritium DCFC LTD)

Resignation of a Guarantor. (a1) In connection with a Permitted REIT Reorganisation, the The Borrower may request that a Guarantor ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b2) The Facility Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (ia) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (iib) no payment is due from all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Borrower's request.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Harmony Gold Mining Co LTD)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 28.4.1 The Borrower may request that a Guarantor (other than the Borrower) ceases to be a Guarantor by delivering to the Facility Agent a Resignation Letter. (b) 28.4.2 The Facility Agent shall accept a Resignation Letter and notify the Borrower and the Lenders of its acceptance if: (ia) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case);; and (iib) no payment is due from all the Guarantor under Clause 19.1 (Guarantee and Indemnity);Lenders have consented to the Borrower's request.

Appears in 1 contract

Sources: Common Terms Agreement (Net 1 Ueps Technologies Inc)

Resignation of a Guarantor. (a) In connection with a Permitted REIT Reorganisation, the 25.3.1 The Borrower may request that a Guarantor (other than the Borrower) ceases to be a Guarantor by delivering to the Agent Lenders a Resignation Letter. (b) 25.3.2 The Agent shall Lenders may accept a Resignation Letter at their discretion and notify the Borrower and the Lenders of its acceptance if: (i) no Default is continuing or would result from the acceptance of the Resignation Letter (and the Borrower has confirmed this is the case); (ii) no payment is due from the Guarantor under Clause 19.1 (Guarantee and Indemnity);their acceptance. Facility Agreement _Powerfleet_ 86

Appears in 1 contract

Sources: Facility Agreement (Powerfleet, Inc.)