- 3 - the bank syndicate extended a revolving credit facility (revolv- ing credit facility) to certain of petitioner’s operating subsid- iaries and extended a $40 million term loan (term loan) to its operating subsidiary ITC. As of June 30, 1993, petitioner’s operating subsidiaries were in default under the 1990 bank agreement, and fr76,000,000 (approximately $14,179,000) under the revolving credit facility and $40 million under the term loan were due and payable.3 On June 25, 1992, petitioner executed a document entitled “GUARANTEE AND POSTPONEMENT OF CLAIM” (guarantee and assignment agreement). The guarantee and assignment agreement provided in pertinent part: FOR VALUABLE CONSIDERATION, receipt hereof is hereby acknowledged, the undersigned and each of them (if more than one)[4] hereby jointly and severally guarantee(s) payment on demand to Royal Bank of Canada (hereinafter called the “Bank”) of all debts and lia- bilities, present or future, direct or indirect, abso- lute or contingent, matured or not, at any time owing by InterTAN Canada Ltd. (hereinafter called the “cus- tomer”) [ITC] to the Bank or remaining unpaid by the customer to the Bank, heretofore or hereafter incurred or arising and whether incurred by or arising from agreement or dealings between the Bank and the customer or by or from agreement or dealings with any third party by which the Bank may be or become in any manner whatsoever a creditor of the customer or however other- wise incurred or arising anywhere within or outside the country [Canada] where this guarantee is executed and 3The record does not disclose whether petitioner was liable as of June 30, 1993, as guarantor under the bank agreement. 4Petitioner was the only signatory to the guarantee and assignment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011