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SEC Filings

BRISTOW GROUP INC filed this Form 8-K on 04/23/2018
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  (d) arising under a foreign exchange transaction for spot or forward delivery entered into in connection with protection against fluctuation in currency rates where that foreign exchange exposure arises in the ordinary course of trade or in respect of Utilisations made in Agreed Currencies, but not a foreign exchange transaction for investment or speculative purposes;


  (e) arising under a Permitted Loan or a Permitted Guarantee or as permitted by Clause 27.32 (Treasury Transactions);


  (f) of any person acquired by a Borrower or Subsidiary of a Borrower after the date of this Agreement which is incurred under arrangements in existence at the date of acquisition, but not incurred or increased or having its maturity date extended in contemplation of, or since, that acquisition, and outstanding only for a period of three months following the date of acquisition;


  (g) under Finance Leases of aircraft, parts, engines, vehicles, plant, equipment or computers, provided that the aggregate capital value of all such items so leased under outstanding leases by the Borrowers does not exceed USD 100,000,000 (or its equivalent in other currencies) at any time;


  (h) arising under the Finance Documents;


  (i) which are Banking Services Obligations or Swap Agreement Obligations;


  (j) the incurrence of which has been consented to by the Majority Lenders; and


  (k) not permitted by the preceding paragraphs and the outstanding principal amount of which does not exceed USD 75,000,000 (or its equivalent) in aggregate for the Borrowers and their Subsidiaries at any time;

“Permitted Guarantee” means:


  (a) any guarantee of the obligations of any member of the Group existing on the date of this Agreement or given or otherwise entered into for or on behalf of any member of the Group after the date of this Agreement at a time when no Default is continuing;


  (b) the endorsement of negotiable instruments in the ordinary course of trade;


  (c) any performance or similar bond guaranteeing performance by a member of the Group under any contract entered into in the ordinary course of trade;


  (d) any guarantee of a Joint Venture to the extent permitted by Clause 27.12 (Joint ventures);


  (e) any guarantee permitted under Clause 27.24 (Financial Indebtedness);


  (f) any guarantee given in respect of the netting or set-off arrangements permitted pursuant to paragraph (b) of the definition of “Permitted Security”;


  (g) any indemnity given in the ordinary course of the documentation of an acquisition or disposal transaction which is a Permitted Acquisition or Permitted Disposal which indemnity is in a customary form and subject to customary limitations;



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