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iv) The Borrower Company also furnished the Corporate Guarantee of the Respondent Company which is actually Promoter Company of the Borrower Company. The Respondent Company passed a Board Resolution dated 29th September, 2012 (Annexure-A/3 Colly at page 101 to 107 of the Appeal) thereby agreeing to execute a corporate guarantee in favour of the lenders and also create negative lien on the Respondent's property situated at "Visa House" Kolkata, 700027 to secure the restructured debts. In pursuance to the Board Resolution dated 29th September, 2012 the Respondent Company has executed Deed of Corporate Guarantee dated 19th December, 2012 in favour of the lenders. As per the said guarantee executed by the Respondent Company, the guarantee shall be a continuing guarantee and shall remain in full force till the Borrower Company repays the full restructuring facilities together with all interests/liquidated damages/commitments, cost, charges and all other monies. Company Appeal (AT) (Insolvency) No. 179 of 2019 In terms of the Deed of the Guarantee, the Respondent Company further agreed that the liability of the Respondent Company under the said guarantee shall not be affected by any change in the constitution of the Borrower Company by merger/demerger/reverse merger or amalgamation of the Borrower Company with any other company / corporation or concern. It was further agreed by the said guarantee that the liability of the guarantor is to the tune of Rs. 3053.25 Crores plus interest.

vi) Further case is that the Respondent Company passed a Board Resolution dated 23rd March, 2015 (Annexure A/4 Colly at page 118 to 136 of the Appeal) thereby agreeing to execute a corporate guarantee in favour of the lenders and Company Appeal (AT) (Insolvency) No. 179 of 2019 also create negative lien on the Respondent's property situated at "Visa House"

Kolkata-700027 to secure the debts of the Borrower Company emanated from the said approval of the CDR EG with regard to business reorganisation. In pursuance to the Board Resolution dated 23rd March, 2015, the Respondent Company has executed Deed of Corporate Guarantee dated 28th March, 2015 in favour of the lenders. As per the said guarantee executed by the Respondent Company, the guarantee shall be a continuing guarantee and shall remain in full force till the Borrower Company repays the full restructuring facilities together with all interests/liquidated damages/ commitments, costs, charges and all other monies. In terms of the Deed of the Guarantee, the Respondent Company further agreed that the liability of the Respondent Company under the said guarantee shall not be affected by any change in the constitution of the Borrower Company by merger/demerger/reverse merger or amalgamation of the Borrower Company with any other company / corporation or concern. It was further agreed by the said guarantee that the liability of the guarantor is to the tune of Rs. 3403.31 Crores plus interest.