Additional right of prepayment. If: -
(a) the Borrower is required to pay to a Lender any additional amounts under Clause 12 (Taxes); or
(b) the Borrower is required to pay to a Lender any amount under Clause 14 (Increased costs); then, without prejudice to the obligations of the Borrower under those Clauses, the Borrower may, subject to Clause 7.4 (Miscellaneous provisions) and Clause 24.2 (Other indemnities) whilst the circumstances continue, serve a notice of prepayment and cancellation on that Lender through the Agent. On the date falling five Business Days after the date of service of the notice: -
(a) the Borrower shall prepay that Lenders’ participation in the Loans; and
(b) that Lenders’ undrawn participation in the Commitment (if any) shall be cancelled.
Additional right of prepayment. If the Borrower serves a notice of cancellation under Clause 6.3 (Additional right of cancellation) in relation to a Bank, on the date that such Bank's Commitment is cancelled, the Borrower shall prepay all of that Bank's participations in Advances.
Additional right of prepayment. If:
(a) interest on a Lender's participation in an Advance is being calculated in accordance with clause 9.3 (Cost of funds);
(b) a Borrower is required to pay any additional amount to a Lender under clause 13.1 (Gross up); or
(c) the Parent is required to pay any amount to a Lender under clause 14.1 (Increased costs), then, without prejudice to the obligations of any Obligor under those clauses, the Parent may, whilst the circumstances continue, serve a notice of prepayment and cancellation on that Lender through the Facility Agent. If the Parent serves any such notice:
(a) on the date which is ten Business Days after the date of service of the notice, each Borrower shall:
(i) prepay that Lender's participation in all Advances drawn by it together which accrued interest on those Advances and all other amounts payable to that Lender under the Senior Finance Documents; and
(ii) provide cash cover in accordance with clause 1.4 (Cash cover) in an amount equal to the total Contingent Liability (if any) of that Lender in relation to Bank Guarantees; and
(b) all that Lender's Commitments shall be cancelled and reduced to zero as at the date of service of the notice.
Additional right of prepayment. If:
(a) a Borrower is required to pay any additional amount to a Finance Party under clause 14.1 (Gross up) or clause 14.3; or
(b) the Parent is required to pay any amount to a Lender under clause 15.1 (Increased costs), then, without prejudice to the obligations of any Obligor under those clauses, the Parent may, whilst the circumstances continue, serve a notice of prepayment and cancellation on that Lender through the Facility Agent. If the Parent serves any such notice:
(i) on the date which is ten Business Days after the date of service of the notice, each Borrower shall:
(A) prepay that Lender's participation in all Advances and Ancillary Outstandings drawn by it together with accrued interest on those Advances and all other amounts payable to that Lender under the Senior Finance Documents; and
(B) provide cash cover in accordance with clause 1.4 (Cash cover) in an amount equal to the total Contingent Liability (if any) of that Lender in relation to Bank Guarantees and the total contingent liabilities of that Lender under any relevant Ancillary Facility; and
(ii) all that Lender's Commitments shall be cancelled and reduced to zero as at the date of service of the notice.
Additional right of prepayment. If:
(a) the Borrower is required to pay to a Bank any additional amounts under Clause 13.6 (Taxes); or
(b) the Borrower is required to pay to a Bank any amount under Clause 14 (Increased costs); then, without prejudice to the obligations of the Borrower under those Clauses, the Borrower may, subject to Clause 11.5 (Conditions), whilst the circumstances continue, serve a notice of prepayment on that Bank through the Agent. On the date falling five Business Days after the date of service of the notice:
(i) the Borrower shall prepay that Bank's participation in the Loan; and
(ii) any undrawn part of that Bank's Commitment in respect of the Facility Amount shall be cancelled.
Additional right of prepayment. If :-
(i) a Borrower is required to pay to a Bank any additional amounts under Clause 15 (Taxes); or
(ii) a Borrower is required to pay to a Bank any amount under Clause 17 (Increased costs); or
(iii) a Borrower is required to pay to a Bank interest at a rate set under Clause 16.5 (Alternative rate of interest in absence of agreement); then, without prejudice to its obligations under those Clauses, that Borrower may, subject to Clause 9.8 (Miscellaneous provisions), whilst the circumstances continue, serve a notice of prepayment and cancellation on that Bank through the Agent. On the date falling three (3) Business Days after the date of service of the notice, the Borrowers shall prepay that Bank’s Participation and, if that Bank is the Guarantee Bank, release that Bank from its participation in the Letter of Credit in a manner reasonably acceptable to that Bank or, if no Loan or Letter of Credit is then outstanding, that Bank’s Commitment shall be cancelled.
Additional right of prepayment. AND CANCELLATION IN CASE OF WITHHOLDINGS OR INCREASED COSTS If:
9.3.1 the Borrower is required to pay to a Bank any additional amounts under Clause 11.4 (WITHHOLDINGS); or
9.3.2 the Borrower is required to pay to a Bank any amount under Clause 12.2 (INCREASED COSTS), then, without prejudice to the obligations of the Borrower under those Clauses, the Borrower may, whilst the circumstances continue, serve a notice of prepayment and cancellation on that Bank through the Facility Agent. On the date falling five Business Days after the date of service of the notice, the Borrower shall prepay to the Facility Agent for the account of that Bank all of that Bank's Outstandings. On prepaying a Bank's Outstandings under this Clause, the Borrower shall pay to the Facility Agent for the account of that Bank accrued interest together with all other amounts due to that Bank (including any Breakage Costs or other amounts payable under the indemnity contained in Clause 17 (INDEMNITY)).
Additional right of prepayment and cancellation (a) If:-
(i) the Borrower is required to pay to a Finance Party any additional amounts under Clause 11 (Taxes); or
(ii) the Borrower is required to pay to a Finance Party any amount under Clause 13 (Increased costs) then, without prejudice to the obligations of the Borrower under those Clauses, the Borrower may, whilst the relevant circumstances continue, serve a notice of prepayment and cancellation on that Bank through the Agent. In that event:-
(i) the Commitment of that Bank shall be cancelled; and
(ii) on the date falling five Business Days after the date of service of the notice, the Borrower shall prepay that Bank's participation in all the Loans made to it.
Additional right of prepayment. If:
(a) the Borrower is required to pay any additional amount to a Mezzanine Finance Party under clause 12.1 (Gross up) or clause 12.3 (Indemnity); or
(b) the Parent is required to pay any amount to a Mezzanine Lender under clause 13.1 (Increased costs), then, without prejudice to the obligations of any Obligor under those clauses, the Parent may, whilst the circumstances continue, serve a notice of prepayment and cancellation on that Mezzanine Lender through the Mezzanine Facility Agent. If the Parent serves any such notice:
(i) on the date which is ten Business Days after the date of service of the notice, each Borrower shall prepay that Mezzanine Lender's participation in the Advance drawn by it together with accrued interest on the Advance and all other amounts payable to that Mezzanine Lender under the Mezzanine Finance Documents; and
(ii) all that Mezzanine Lender's Commitments shall be cancelled and reduced to zero as at the date of service of the notice.
Additional right of prepayment. If:
(a) the Borrower is required to pay to the Lender any additional amount under Clause 12 (Taxes); or
(b) the Borrower is required to pay to the Lender any amount under Clause 13 (Increased costs), then, without prejudice to the obligations of the Borrower under those Clauses, so long as the circumstances giving rise to the obligation to make a payment continue, the Borrower may, by giving at least five Business Days' prior written notice to the Lender (which notice shall be irrevocable), prepay the Loan in whole or in part without premium or penalty.
