GFIG » Topics » Guaranty

These excerpts taken from the GFIG 8-K filed Feb 4, 2008.
“Guaranty” has the meaning specified in the introduction hereto.

 

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“Guaranty” means, with respect to any Person, any obligation (except the endorsement in the ordinary course of business of negotiable instruments for deposit or collection) of such Person guaranteeing or in effect guaranteeing any Indebtedness, dividend or other obligation of any other Person in any manner, whether directly or indirectly, including (without limitation) obligations incurred through an agreement, contingent or otherwise, by such Person:

 

                   (a)        to purchase such Indebtedness or obligation or any property constituting security therefor primarily for the purpose of assuring the obligee of such Indebtedness or obligation of the ability of any other Person to make payment of the Indebtedness or obligation;

 

                   (b)        to advance or supply funds (i) for the purchase or payment of such Indebtedness or obligation, or (ii) to maintain any working capital or other balance sheet

 

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condition or any income statement condition of any other Person or otherwise to advance or make available funds for the purchase or payment of such Indebtedness or obligation;

 

                   (c)        to lease properties or to purchase properties or services primarily for the purpose of assuring the obligee of such Indebtedness or obligation of the ability of any other Person to make payment of the Indebtedness or obligation; or

 

                   (d)        otherwise to assure the owner of such Indebtedness or obligation against loss in respect thereof.

 

In any computation of the Indebtedness or other liabilities of the obligor under any Guaranty, the Indebtedness or other obligations that are the subject of such Guaranty shall be assumed to be direct obligations of such obligor.

 

EXCERPTS ON THIS PAGE:

8-K (2 sections)
Feb 4, 2008

"Guaranty" elsewhere:

Ares Capital (ARCC)
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