Common use of Additional Borrowers Clause in Contracts

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: 22.2.1.1 the Lenders approve the addition of that Subsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 8 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Gold Fields LTD)

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Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary subsidiary shall become an Additional Borrower if: 22.2.1.1 the Lenders approve the addition of that Subsidiarysubsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 8 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary subsidiary shall become an Additional Borrower if: 22.2.1.1 the Majority Lenders approve the addition of that Subsidiarysubsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 8 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: 22.2.1.1 the Lenders Lenders, acting reasonably, approve the addition of that Subsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received (or waived the requirement to deliver) all of the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 8 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) (other than those documents delivery of which has been waived) all the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: 22.2.1.1 the Lenders Lenders, acting reasonably, approve the addition of that Subsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 8 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower (and consequently an Additional Guarantor) if: 22.2.1.1 either: 22.2.1.1.1 that Subsidiary is a wholly-owned Subsidiary incorporated in the Lenders same jurisdiction as an existing Borrower; or 22.2.1.1.2 all the Majority Lenders, acting reasonably, approve the addition of that Subsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs clauses 1, 3, 4, 4 and 6 and 8 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs clauses 1, 3, 4, 4 and 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower (and consequently an Additional Guarantor) if: 22.2.1.1 either: 22.2.1.1.1 that Subsidiary is a wholly-owned Subsidiary incorporated in the Lenders same jurisdiction as an existing Borrower; or 22.2.1.1.2 all the Lenders, acting reasonably, approve the addition of that Subsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 8 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

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Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary subsidiary shall become an Additional Borrower if: 22.2.1.1 it is a wholly-owned subsidiary of the Lenders Parent; 22.2.1.2 it is duly incorporated and validly existing under the laws of South Africa; 22.2.1.3 the Facility Agent (acting on the instructions of all Lenders) approve the addition of that Subsidiarysubsidiary, acting reasonably; 22.2.1.2 22.2.1.4 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 22.2.1.5 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary subsidiary becoming an Additional Borrower; and 22.2.1.4 22.2.1.6 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 5 and 6 and 8 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 5 and 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 21.2.1 The Parent may request that any of its subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower if: 22.2.1.1 (a) the Lenders Lenders, acting reasonably, approve the addition of that Subsidiary; 22.2.1.2 (b) the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 (c) the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 (d) the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 4 and 6 and 8 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 21.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 4 and 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

Additional Borrowers. 22.2.1 The Parent may request that any of its subsidiaries Subsidiaries become an Additional Borrower. That Subsidiary shall become an Additional Borrower (and consequently an Additional Guarantor) if: 22.2.1.1 either: a) that Subsidiary is a wholly-owned Subsidiary incorporated in the Lenders same jurisdiction as an existing Borrower; or b) all the Lenders, acting reasonably, approve the addition of that Subsidiary; 22.2.1.2 the Parent delivers to the Facility Agent a duly completed and executed Accession Undertaking; 22.2.1.3 the Parent confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and 22.2.1.4 the Facility Agent has received all of the documents and other evidence listed in paragraphs 1, 3, 4, 4 and 6 and 8 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. 22.2.2 The Facility Agent shall notify the Parent and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in paragraphs 1, 3, 4, 4 and 6 and 7 of Schedule 2 (Financial Close Documents) mutatis mutandis in relation to that Additional Borrower.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gold Fields LTD)

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