Murray Energy Holding - Foresight survives interest debt. Imo Hhhmmm
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"The position of Holding Company as the Guarantor for the Debts of Subsidiary company"
"The existence of holding company as the guarantor in the agreement between subsidiary company and the third party can cause legal impact for holding company as the guarantor from subsidiary company in the loan agreement.
Holding company as the guarantor from subsidiary company has the responsibility to pay the debts of debtor to creditor if the debtor experiences default.
Thus, holding company also becomes the debtor in staging agreement.
Holding company which acts as the guarantor of subsidiary company is responsible to pay after the first debtor’s debts was default and its properties have been confiscated and auctioned but the result is proven unable to pay the debts, or the debtor was default with no property.
Besides, as the consequence of its position as debtor, as the guarantor of subsidiary company, it can be bankrupted by the creditor.
Based on this explanation, the legal connection between holding company and subsidiary company is merely between shareholder and subsidiary company.
The position of company as the shareholder can be changed to become the guarantor and debtor if the subsidiary company breaching the contract and its assets is not enough to pay the debts, making the assets of holding company becomes the guarantee of debts made by subsidiary company."
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