Facility Guarantor definition

Facility Guarantor has the meaning specified in the introductory paragraph hereto and any successor in interest thereto.

Facility Guarantor and, collectively with Borrower, Wet Seal Retail and Wet Seal Catalog, the “Companies” and, each individually, a “Company”), the Lenders have agreed, upon the terms and subject to the conditions contained therein, to make loans and otherwise to extend credit to the Companies; and

Facility Guarantor means, collectively, each Subsidiary of the Borrower party hereto and identified as a “Facility Guarantor” and each other Subsidiary of the Borrower that shall be required to execute and deliver a Guarantee of the Obligations pursuant to SECTION 5.11; provided that in no event shall the Excluded Subsidiaries be Facility Guarantors.

Examples of Facility Guarantor in a sentence

• Each Facility Guarantor hereby consents to this Amendment and agrees that the terms hereof shall not affect in any way its obligations and liabilities under the Loan Documents (as amended and otherwise expressly modified hereby), all of which obligations and liabilities shall remain in full force and effect and each of which is hereby reaffirmed (as amended and otherwise expressly modified hereby).

• The termination or attempted termination of any Facility Guarantee by any Facility Guarantor.

• The properties of the Company and its Subsidiaries are insured with financially sound and reputable insurance companies not Affiliates of the Facility Guarantor, in such amounts (after giving effect to any self-insurance compatible with the following standards), with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Company or the applicable Subsidiary operates.

• To the extent that any Facility Guarantor is merged, consolidated or amalgamated with or into any other Loan Party (or any Person in a transaction permitted under clause (iii) above) or liquidated or dissolved, in each case, as permitted under this clause (a), such Facility Guarantor shall be released from its obligations under any Facility Guarantee to which it is a party.

• The true and correct U.S. taxpayer identification numbers of the Facility Guarantor and of the Company are set forth on Schedule 11.02.

More Definitions of Facility Guarantor

Facility Guarantor means the Initial Facility Guarantors and each other Subsidiary of any Loan Party that is required to from time to time to execute and deliver a Facility Guarantee pursuant to SECTION 5.13.

Facility Guarantor means (i) each of the Subsidiaries, whether now existing or hereafter created or acquired, other than any Foreign Subsidiaries, and (ii) Parent.”

Facility Guarantor means the Original Facility Guarantors and each Additional Guarantor that is not incorporated in Nigeria. ​ ​ ​

Facility Guarantor means any Person who has executed and delivered a Guarantee for the benefit of any or all of the Lender Parties of the Debt and other obligations the Borrower under the Loan Documents, including, without limitation, from and after the consummation of the Permitted Reorganization and until, if ever, the consummation of the Holding Assumption Transaction, Holding and, from and after the consummation of the Holding Assumption Transaction, United Fire, and the respective successors and permitted assigns of each. * * *

Facility Guarantor means (i) T.J. Maxx of Illinois, Inc., an Illinois corporation, T.J. Maxx of PA, Inc., a Delaware corporation, T.J. Maxx of Texas, Inc., a Delaware corporation, NBC Fourth Realty Corp., a Nevada corporation, Chadxxxx'x xx Boston, Ltd., a Massachusetts corporation, HomeGoods, Inc., a Delaware corporation, Marshalls, Marshalls of Richfield, MN, Inc., a Minnesota corporation, Marshalls, Inc., a Massachusetts corporation and CDM Corp., a Nevada corporation, and each other Subsidiary of the Borrower, if any, which has executed a Facility Guaranty as of the date of this Agreement and (ii) each additional Subsidiary which hereafter enters into a Facility Guaranty, in each case together with its successors and assigns.

Facility Guarantor has the meaning specified in the introductory paragraph hereto and any successor in interest thereto. “FASB ASC” means the Accounting Standards Codification of the Financial Accounting Standards Board. “FATCA” means (a) Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof and any agreements entered into pursuant to Section 1471(b)(1) of the Code, (b) any treaty, law, regulation or other official guidance enacted in any jurisdiction, or relating to an intergovernmental agreement between the United States and any other jurisdiction, with the purpose (in either case) of facilitating the implementation of clause (a) above, or (c) any agreement pursuant to the implementation of clauses (a) or (b) above with the United States Internal Revenue Service, the United States government or any governmental or taxation authority. “Federal Funds Rate” means, for any day, the rate per annum equal to the weighted average of the rates on overnight Federal funds transactions with members of the Federal Reserve System as published by the Federal Reserve Bank of New York on the Business Day next succeeding such day; provided that (a) if such day is not a Business Day, the Federal Funds Rate for such day shall be such rate on such transactions on the next preceding Business Day as so published on the next succeeding Business Day, and (b) if no 15

Facility Guarantor each U.S. Subsidiary party hereto from time to time and each other Person (if any) who guarantees payment and performance of any U.S. Facility Obligations.