Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
A continuing personal guarantee remained enforceable despite the guarantor's resignation from the corporate debtor, because the deed expressly made the guarantee continuing, irrevocable and binding on demand. Revocation of a continuing guarantee was treated as operating only for future transactions and requiring notice to the creditor; communications to other consortium members were insufficient. Renewal of credit facilities was held not to amount to novation or a material variance discharging the surety, and liability continued for debt arising under the original loan documents. The challenge based on alleged non-consideration of the guarantor's objections was also rejected.
A continuing personal guarantee remained enforceable despite the guarantor's resignation from the corporate debtor, because the deed expressly made the guarantee continuing, irrevocable and binding on demand. Revocation of a continuing guarantee was treated as operating only for future transactions and requiring notice to the creditor; communications to other consortium members were insufficient. Renewal of credit facilities was held not to amount to novation or a material variance discharging the surety, and liability continued for debt arising under the original loan documents. The challenge based on alleged non-consideration of the guarantor's objections was also rejected.
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