Common use of Affiliates of Borrowers Clause in Contracts

Affiliates of Borrowers. (a) Subject to the terms of this Agreement, an Affiliate of a Borrower that is a member of the Bank Group may with the approval of the relevant Ancillary Facility Lender become a borrower with respect to an Ancillary Facility. (b) The Company shall specify any relevant Affiliate of a Borrower in any Conversion Notice delivered by the Company to the Facility Agent pursuant to Clause 6.1 (Utilisation of Ancillary Facilities). (c) If a Borrower ceases to be a Borrower under this Agreement in accordance with Clause 37.3 (Resignation of a Borrower), its Affiliate shall cease to have any rights under this Agreement or any Ancillary Facility Document. (d) Where this Agreement or any other Relevant Finance Document imposes an obligation on a Borrower under an Ancillary Facility and the relevant Borrower is an Affiliate of a Borrower which is not a party to that document, the relevant Borrower shall ensure that the obligation is performed by its Affiliate. (e) Any reference in this Agreement or any other Relevant Finance Document to a Borrower being under no obligations (whether actual or contingent) as a Borrower under such Relevant Finance Document shall be construed to include a reference to any Affiliate of a Borrower being under no obligations under any Relevant Finance Document or Ancillary Facility Document.

Appears in 4 contracts

Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)

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Affiliates of Borrowers. (a) Subject to the terms of this Agreement, an any Affiliate of a Borrower that is a member of the Bank Group may with the approval of the relevant Ancillary Facility Lender become a borrower with respect to an Ancillary Facility or a Fronted Ancillary Facility, as the case may be. (b) The Company Obligors’ Agent shall specify any relevant Affiliate of a Borrower in any Conversion Notice notice delivered by the Company Obligors’ Agent to the Facility Agent pursuant to paragraph (a) of Clause 6.1 8.3 (Utilisation of Ancillary FacilitiesApproval process). (c) If a Borrower ceases to be a Borrower under this Agreement in accordance with Clause 37.3 27.3 (Resignation of a Borroweran Obligor), its Affiliate shall cease to have any rights under this Agreement or any Ancillary Facility other Finance Document. (d) Where this Agreement or any other Relevant Finance Document imposes an obligation on a Borrower under an Ancillary Facility or a Fronted Ancillary Facility, as the case may be, and the relevant Borrower is an Affiliate of a Borrower which is not a party to that document, the relevant Borrower shall ensure that the obligation is performed by its Affiliate. (e) Any reference in this Agreement or any other Relevant Finance Document to a Borrower being under no obligations (whether actual or contingent) as a Borrower under such Relevant Finance Document shall be construed to include a reference to any Affiliate of a Borrower being under no obligations under any Relevant Finance Document or Ancillary Facility Document.

Appears in 1 contract

Samples: Senior Facilities Agreement (Toys R Us Inc)

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