Common use of Affiliates of Banks Clause in Contracts

Affiliates of Banks. (a) Each Bank may, if it so elects, fulfil its commitment as to any Loan by designating a branch or an Affiliate to make that Loan. However: (i) the Bank shall remain solely responsible for the performance of its obligations under this Agreement; (ii) no such designation shall result in any additional costs to the Obligors (whether under this Agreement, by loss or limitation of tax deduction or relief or otherwise); and (iii) the branch or Affiliate shall: (A) be a Qualifying Bank; (B) in the case of any U.K. Bank, be situated in the U.K.; (C) in the case of any U.K. Treaty Bank, be situated outside the U.K.; and (D) comply with all form, delivery and other requirements under this Agreement. (b) A Bank may provide for an Affiliate to participate in certain Loans in the manner contemplated in paragraph (a) above by: (i) joining the relevant Affiliate in as a Bank by means of a Novation Certificate in accordance with Clause 28.2 (Transfers by Banks); and (ii) giving notice to the Agent and the Company, detailing the Loans in which that Affiliate will participate. In this event that Bank and its Affiliate: (A) will be treated as having a single Commitment, but, for all other purposes other than that mentioned in paragraph (c) below, will be treated as separate Banks; and (B) participate in Loans in the manner described in sub-paragraph (ii) above. (c) For the purposes of: (i) compliance with Clause 28.2 (Transfers by Banks); and (ii) voting in connection with any Finance Document, each Bank and its Affiliate will be regarded as a single Bank.

Affiliates of Banks. (a) Each Bank may, if it so elects, fulfil its commitment as to any Loan by designating a branch or an Affiliate to make that Loan. However: (i) the Bank shall remain solely responsible for the performance of its obligations under this Agreement; (ii) no such designation shall result in any additional costs to the Obligors (whether under this Agreement, by loss or limitation of tax deduction or relief or otherwise); and (iii) the branch or Affiliate shall: (A) be a Qualifying Bank; (B) in the case of any U.K. Bank, be situated in the U.K.; (C) in the case of any U.K. Treaty Bank, be situated outside the U.K.; and (D) comply with all form, delivery and other requirements under this Agreement. (b) A Bank may provide for an Affiliate to participate in certain Loans in the manner contemplated in paragraph (a) above by: (i) joining the relevant Affiliate in as a Bank by means of a Novation Certificate in accordance with Clause 28.2 (Transfers by Banks); and (ii) giving notice to the Agent and the Company, detailing the Loans in which that Affiliate will participate. In this event that Bank and its Affiliate: (A) will be treated as having a single relevant Commitment, but, for all other purposes other than that mentioned in paragraph (c) below, will be treated as separate Banks; and (B) participate in Loans in the manner described in sub-paragraph (ii) above. (c) For the purposes of: (i) compliance with Clause 28.2 (Transfers by Banks); and (ii) voting in connection with any Finance Document, each Bank and its Affiliate will be regarded as a single Bank.

Affiliates of Banks. (a) Each Bank may, if it so elects, fulfil its commitment as to any Loan by designating a branch or an Affiliate to make that Loan. However: (i) the Bank shall remain solely responsible for the performance of its obligations under this Agreement; (ii) no such designation shall result in any additional costs to the Obligors (whether under this Agreement, by loss or limitation of tax deduction or relief or otherwise); and (iii) the branch or Affiliate shall: (A) be a Qualifying Bank; (B) in the case of any U.K. Bank, be situated in the U.K.; (C) in the case of any U.K. Treaty Bank, be situated outside the U.K.; and (D) comply with all form, delivery and other requirements under this Agreement. (b) A Bank may provide for an Affiliate to participate in certain Loans in the manner contemplated in paragraph (a) above by: (i) joining the relevant Affiliate in as a Bank by means of a Novation Certificate in accordance with Clause 28.2 (Transfers by Banks); and (ii) giving notice to the Agent and the Company, detailing the Loans in which that Affiliate will participate. In this event that Bank and its Affiliate: (Aa) will be treated as having a single Commitment, but, for all other purposes other than that mentioned in paragraph (c) below, will be treated as separate Banks; and (Bb) participate in Loans in the manner described in sub-paragraph (ii) above. (c) For the purposes of: (i) compliance with Clause 28.2 (Transfers by Banks); and (ii) voting in connection with any Finance Document, each Bank and its Affiliate will be regarded as a single Bank.