ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If:
(a) Funding 1 is required to pay to the Funding 1 Liquidity Facility Provider any additional amounts under CLAUSE 10 (Taxes); or
(b) Funding 1 is required to pay to the Funding 1 Liquidity Facility Provider any amount under CLAUSE 12 (Increased costs), then, without prejudice to the obligations of Funding 1 under those Clauses, Funding 1 may, whilst the circumstances continue, give a notice of prepayment and cancellation to the Funding 1 Liquidity Facility Provider with a copy to the Security Trustee. On the date falling five London Business Days after the date of giving of the notice:
(i) Funding 1 shall prepay the Funding 1 Liquidity Facility Loans; and
(ii) the Funding 1 Liquidity Facility Commitment shall be cancelled.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If:-
(a) the Borrower is required to pay to a Bank any additional amounts under Clause 11 (Taxes); or
(b) the Borrower is required to pay to a Bank any amount under Clause 13 (Increased Costs); or
(c) interest on a Bank's participation in a Loan is being calculated in accordance with Clause 12.4(c) (Alternative basis for outstanding Loans), 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 Agent. On the date falling 5 Business Days after the date of service of the notice:-
(i) the Borrower shall prepay that Bank's participation in all the Loans together with all other amounts payable by it to that Bank under the Finance Documents; and
(ii) that Bank's undrawn Commitment shall be cancelled.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. (a) If the Borrower is required to pay or is notified by any Bank in writing that it will be required to pay any amount to a Bank under Clause 11 (Taxes) or Clause 13 (Increased Costs), or if circumstances exist such that the Borrower will be required to pay any amount to a Bank under Clause 11 (Taxes) or Clause 13 (Increased Costs), without prejudice to the obligations of any Obligor under those Clauses, the Borrower’s Agent may, whilst the circumstances giving rise or which will give rise to the requirement to continue, serve a notice of prepayment or cancellation on that Bank through the Agent.
(b) On the date falling five Business Days after the date of service of the notice:
(i) the Borrower shall prepay that Bank’s share in all the Loans; and
(ii) the Bank’s Commitment shall be permanently cancelled.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If the Company is required to pay any amount to or for the account of a Bank under Clause 11 (Taxes) or Clause 13 (Increased Costs) the Company may, whilst the circumstances giving rise to the requirement continue, serve a notice of prepayment and cancellation on that Bank through the Agent. On the date falling five Business Days after the date of service of the notice:
(a) the Company shall prepay that Bank’s participation in all the Loans together with all other amounts payable by it to that Bank under this Agreement; and
(b) the Bank’s Commitment shall be cancelled.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If any Borrower is required to pay any amount to a Bank under Clause 11 (Taxes) or Clause 13 (Increased Costs), the Company may, whilst the circumstances giving rise to the requirement continue, serve a notice of prepayment and cancellation on that Bank through the Agent. In that event:
(a) each Borrower shall prepay that Bank's participation in all the Loans made to that Borrower on the date falling 5 Business Days after the date of service of the notice together with all other amounts payable by it to that Bank under this Agreement; and
(b) the Bank's Commitment shall be cancelled on the date of service of the notice.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. (a) If:
(i) a Borrower is required to pay to a Bank any additional amounts under Clause 13 (Taxes); or
(ii) a Borrower is required to pay to a Bank any amount under Clause 15 (Increased Costs); or
(iii) interest on a Bank's participation in a Loan is being calculated in accordance with Clause 14.3(d) (Alternative basis), and that Borrower has not transferred its obligations under the Finance Documents in accordance with Clause 28.1 (Transfers by Obligors) to another Borrower, then, without prejudice to the obligations of any Obligor under those Clauses, the Company may, whilst the circumstances giving rise to the requirement continue, serve a notice of prepayment and cancellation on that Bank through the Agent. On the date falling 2 Business Days after the date of service of the notice and subject to Clause 25.2(d) (Other indemnities):
(A) that Borrower shall prepay that Bank's participation in all the Loans made to it; and
(B) if the notice given by the Company so specifies, the Commitment of that Bank shall be cancelled.
(b) Any amount of a Revolving Credit Loan prepaid under paragraph (a) above shall, subject to the other terms of this Agreement, remain available for re-borrowing by any other Borrower.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If:
(a) the Borrower is required to pay to the Lender any additional amounts under Clause 11 (Taxes); or
(b) the Borrower is required to pay to the Lender any amount under Clause 12 (Increased costs), then, without prejudice to the obligations of the Borrower under those Clauses, the Borrower may, while the circumstances continue, serve a notice of prepayment an cancellation on the Lender. On the date falling five Business Days after the date of service of the notice:
(I) the Borrower shall prepay all the affected Loans then outstanding;
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If:
7.3.1 the Borrower is required to pay to a Bank any additional amounts under Clause 11 (Taxes); or
7.3.2 the Borrower is required to pay to a Bank any amount under Clause 13 (Increased Costs); or
7.3.3 interest on a Bank’s participation in the Loan is being calculated in accordance with Clause 12.4.3 (Alternative Basis for Outstanding Loans); or
7.3.4 any Lender notifies the Agent of its Additional Cost Rate under paragraph 3 of Schedule 7 (Mandatory Cost Formulae), then, without prejudice to the obligations of the Borrower under those Clauses, the Borrower may, whilst the circumstances continue or whilst (in the case of Clause 7.3.4 above) that Additional Cost Rate is greater than zero, serve a notice of prepayment and cancellation on that Bank through the Agent. Subject to Clause 7.6 (Limitations on Certain Prepayments), on the date falling five Business Days after the date of service of the notice:
(a) the Borrower shall prepay that Bank’s participation in the Loan; and
(b) the Commitment of that Bank shall be cancelled. Prepayments made pursuant to this Clause 7.3 shall be applied firstly against Deferral Instalments (in the order that they have been outstanding) and secondly against the outstanding Base Case Repayment Instalments pro rata.
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If:
(a) the Borrower is required to pay to a Lender any additional amounts under clause 20.1 (Withholdings); or
(b) the Borrower is required to pay to a Lender any amount under clause 22.2 (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 Lender through the Facility Agent. On the date falling 5 (five) Business Days after the date of service of the notice, the Borrower shall prepay to such Lender all of that Lender's Outstandings. On prepaying a Lender's Outstandings under this clause, the Borrower shall pay to the relevant Lender accrued interest together with all other amounts due to that Lender (including any breakage costs or other amount payable under the indemnity contained in clause 26 (Indemnity)).
ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION. If any Borrower is required to pay any amount to a Bank under Clause 13 (Taxes) or Clause 15 (Increased Costs), the Borrower may, whilst the circumstances giving rise to the requirement continue, serve a notice of prepayment and cancellation on that Bank through the Agent. In this event:-
(a) on the date falling 5 Business Days after the date of service of the notice: (i) each Borrower shall prepay that Bank's participation in any Loans made to it together with all other amounts payable by it to that Bank under this Agreement; and (ii) the Company shall pay cash cover into a Security Account in an amount equal to that Bank's Relevant Percentage of the maximum aggregate actual and contingent liability of the Banks under the Guarantee; and (b) the Bank's Commitments shall be cancelled on the date of service of the notice.
