Common use of ADDITIONAL RIGHT OF PREPAYMENT AND CANCELLATION Clause in Contracts

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. (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 ’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 ’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. (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 Commitments 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. (a) If: (ia) a the Borrower is required to pay to a Bank any additional amounts under Clause 13 12 (Taxes); or (iib) a the Borrower is required to pay to a Bank any amount under Clause 15 14 (Increased Costs)) or under paragraph (c) of Clause 9.1; or (iiic) interest on any amount payable to any Bank by the Borrower under a Bank's participation Finance Document is not, or will not be (when the relevant corporate income tax is calculated) treated as a deductible charge or expense for French tax purposes for the Borrower by reason of that amount being (i) paid or accrued to a Bank incorporated, domiciled, established or acting through a Facility Office situated in a Loan is being calculated Non-Cooperative Jurisdiction, or (ii) paid to an account opened in accordance with Clause 14.3(d) (Alternative basis), and the name of or for the benefit of that Borrower has not transferred its obligations under the Finance Documents Bank in accordance with Clause 28.1 (Transfers by Obligors) to another Borrowera financial institution situated in a Non-Cooperative Jurisdiction, then, without prejudice to the obligations of any Obligor the Borrower under those Clauses, the Company Borrower may, whilst the circumstances giving rise to the requirement continue, serve either (i) exercise its rights under Clause 7.5 (Right of Replacement of a Single Bank), or (ii) give a notice of prepayment and cancellation on to that Bank through the Facility Agent. On If such a notice of prepayment and cancellation is given, on the date falling 2 five (5) Business Days after the date of service of the notice and subject to Clause 25.2(d) (Other indemnities):is given: (Ai) that the Borrower shall prepay that Bank's ’s participation in all the Loans made to itLoans; and (Bii) if the notice given by the Company so specifies, the Commitment of that Bank shall be cancelledcancelled in full. (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.