Common use of Affiliates of Lenders as Ancillary Lenders Clause in Contracts

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 5 contracts

Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

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Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility B Commitment and/or Facility C Commitment is the amount set out opposite the relevant Lender’s name in Part II of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility B Commitment and/or Facility C Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to Facility B and/or Facility C, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates under the relevant Facility. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(ib) of Clause 6.2 7.3 (AvailabilityRequest for Ancillary Facilities). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 25 (Changes to the Finance Parties), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ed) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 4 contracts

Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a the Ancillary Lender may become an Ancillary Lender. In such case, the Ancillary Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility A Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original PartiesLenders) and/or the amount of any Revolving Facility A Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to Facility A, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The relevant Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the that Borrower to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 26 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ed) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 3 contracts

Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part II of Schedule 1 1.01C (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Revolving Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Loan Parties’ Agent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower it to the Administrative Agent pursuant to paragraph (b)(i) of Clause 6.2 Section 2.54 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Section 2.106 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ed) Where this Agreement or any other Finance Loan Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 2 contracts

Samples: Credit Agreement (1295728 Alberta ULC), Credit Agreement (1295728 Alberta ULC)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part II of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment under each Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 11.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 19.13 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 31 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Revolving Facilities Agreement (Manchester United Ltd.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s 's name in Part II of Schedule 1 (The Original Parties) and/or ). For the amount purposes of any calculating the Lender's Revolving Facility Commitment, the Lender's Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, shall be reduced to the extent (in each case) not cancelled, reduced or transferred by it under this Agreementof the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor this Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agreement shall, at the same time, become Agent of a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative duly completed Affiliate Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement (Alliance Data Systems Corp)

Affiliates of Lenders as Ancillary Lenders. (ai) Subject to the terms of this Agreement, an Affiliate of a Lender to which such Lender can assign its interests under Section 13.6 may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Credit Commitment is the amount set out opposite the relevant Lender’s name in on Schedule 1 (The Original Parties1.1(b) under the caption “Revolving Credit Commitment” and/or the amount of any Revolving Facility Credit Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating any Revolving Credit Lender’s Available Commitment, such Revolving Credit Lender’s Revolving Credit Commitment shall be reduced by the aggregate amount of the Ancillary Commitments of such Lender and its Affiliates. (bii) The Parent Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower it to the Administrative Agent pursuant to paragraph (b)(i) of Clause 6.2 (AvailabilitySection 2.16(b)(ii)(A). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (diii) If a Revolving Credit Lender assigns all of its rights and benefits or transfers all of its rights and obligations pursuant to a New LenderSection 13.6, its Affiliate shall cease to have any rights or obligations under this Agreement and any such Affiliate shall cease to be an Ancillary Lender or any Ancillary Documentan Agent or Lender. (eiv) Where this Agreement or any other Finance Credit Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Credit Agreement (Mirion Technologies, Inc.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender to which such Lender can assign its interests under Section 13.6 may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Credit Commitment is the amount set out opposite the relevant Lender’s name in on Schedule 1 (The Original Parties1.1(b) under the caption “Revolving Credit Commitment” and/or the amount of any Revolving Facility Credit Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) . For the purposes of calculating any Revolving Credit Lender’s Available Commitment, such Revolving Credit Lender’s Revolving Credit Commitment shall be reduced by the aggregate amount of the Ancillary Commitments of such Lender and its Affiliates. The Parent Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower it to the Administrative Agent pursuant to paragraph (b)(i) of Clause 6.2 (AvailabilitySection 2.16(b)(ii)(A). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) . If a Revolving Credit Lender assigns all of its rights and benefits or transfers all of its rights and obligations pursuant to a New LenderSection 13.6, its Affiliate shall cease to have any rights or obligations under this Agreement and any such Affiliate shall cease to be an Ancillary Lender or any Ancillary Document. (e) an Agent or Lender. Where this Agreement or any other Finance Credit Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate. Subject to the terms of this Agreement, a Restricted Subsidiary that is an Affiliate of a Borrower may, with the approval of the relevant Ancillary Lender, become a borrower with respect to an Ancillary Facility. The Parent Borrower shall specify any relevant Subsidiary Ancillary Borrower in any notice delivered by the Parent Borrower to the Administrative Agent pursuant to Section 2.16(b)(ii)(A) hereof. Where this Agreement or any other Credit Document imposes an obligation on a Subsidiary Ancillary Borrower under an Ancillary Facility, the applicable Borrowers shall ensure that the obligation is performed by such Subsidiary Ancillary Borrower. Any reference in this Agreement or any other Credit Document to a Borrower being under no obligations (whether actual or contingent) as a Borrower under such Credit Document shall be construed to include a reference to any Subsidiary Ancillary Borrower being under no obligations under any Credit Document or Ancillary Document.

Appears in 1 contract

Samples: Credit Agreement (Mirion Technologies, Inc.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s 's name in Schedule part 2 of schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availabilityclause 7.2(b)(i). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 20.9 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Term and Revolving Facilities Agreement

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, (other than for the purposes of Clause 18 (Tax Gross Up and Indemnities)) the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 9.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede become a party to the Intercreditor this Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor AgreementLender. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 28 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility B Commitment is the amount set out opposite the relevant Lender’s 's name in Part III of Schedule 1 (The Original Parties) and/or ). For the amount purposes of any Revolving calculating the Lender's Available Commitment with respect to Facility B, the Lender's Commitment transferred to or assumed by that Lender under this Agreement, shall be reduced to the extent (in each case) not cancelled, reduced or transferred by it under this Agreementof the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 8.1 (Availability). (c) An If required by the Agent an Affiliate of a Lender which becomes an Ancillary Lender shall accede to this Agreement and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Inter Creditor Representative Accession Undertaking) of the Intercreditor AgreementDeed. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 26 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary DocumentAgreement. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate. 9.

Appears in 1 contract

Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s 's name in Part 2 or Part 3 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to to, or assumed by by, that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender's Available Commitment with respect to the Revolving Facility, the Lender's Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to sub-paragraph (b)(i) of Clause 6.2 9.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 18.10 (Creditor/Creditor Representative Agent Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 30 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its that Affiliate.

Appears in 1 contract

Samples: Senior Term and Revolving Facilities Agreement (Inspired Entertainment, Inc.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Obligors’ Agent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Obligors’ Agent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to this Agreement and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agreement shall, at Security Trustee of a duly completed accession undertaking in the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of form scheduled to the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 25 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Facility Agreement (InterXion Holding N.V.)

Affiliates of Lenders as Ancillary Lenders. (a) 8.7.1 Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Credit Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 (The Original Initial ACF Lenders) of Schedule 1 (The Original Parties) and/or the amount of any Revolving Credit Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Revolving Credit Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) 8.7.2 The relevant Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the such Borrower to the Initial ACF Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability8.2.2(i). (c) 8.7.3 An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement Borrower STID as an Ancillary Lender Additional Borrower Secured Creditor and any person which so accedes to the Intercreditor Agreement Borrower STID shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 2.2 (Accession of Additional Borrower Secured Creditor/Creditor Representative Accession Undertaking) of the Intercreditor AgreementBorrower STID. (d) 8.7.4 If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 21.1 (Assignments and transfers by the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) 8.7.5 Where this Agreement or any other Borrower Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Amendment and Restatement Deed

Affiliates of Lenders as Ancillary Lenders. (a) 8.7.1 Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving WC Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 (The Original Initial ACF Lenders) of Schedule 1 (The Original Parties) and/or the amount of any Revolving WC Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the WC Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) 8.7.2 The relevant Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the such Borrower to the Initial ACF Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability8.2.2(i). (c) 8.7.3 An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement Borrower STID as an Ancillary Lender Additional Borrower Secured Creditor and any person which so accedes to the Intercreditor Agreement Borrower STID shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 2.2 (Accession of Additional Borrower Secured Creditor/Creditor Representative Accession Undertaking) of the Intercreditor AgreementBorrower STID. (d) 8.7.4 If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 21.1 (Assignments and transfers by the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) 8.7.5 Where this Agreement or any other Borrower Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Initial Authorised Credit Facilities Agreement

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment or Uncommitted Facility Participation (as applicable) is the amount set out opposite the relevant Lender’s 's name in Part II of Schedule 1 (The Original Parties) and/or ). For the amount purposes of any calculating the Lender's Revolving Facility Commitment transferred to or assumed by that Lender under this AgreementUncommitted Facility Participation (as applicable), the Lender's Revolving Facility Commitment or Uncommitted Facility Participation (as applicable) shall be reduced to the extent of the aggregate of the Ancillary Commitments or Ancillary Participations (in each caseas applicable) not cancelled, reduced or transferred by it under this Agreementof its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor this Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agreement shall, at the same time, become Agent of a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative duly completed Affiliate Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Alliance Data Systems Corp)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such casecase and other than for the purposes of Clause 17 (Tax gross- up and indemnities) and related provisions in this Agreement, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original PartiesLenders) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(ib)(A) of Clause 6.2 7.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, shall at the same time, time become a Party as an Ancillary Lender in accordance with clause 25.14 19.9 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Facility Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Revolving Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice Conversion Notice delivered by the Borrower Parent to the Facility Agent pursuant to paragraph Clause 8.1 (b)(i) Utilisation of Clause 6.2 (AvailabilityAncillary Facilities). (c) An Affiliate of a Lender which becomes an Ancillary Facility Lender shall accede to this Agreement as an Ancillary Facility Lender, and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor AgreementSenior Lender. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (in accordance with Clause 26 (Assignments and Transfers), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Facility Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Facility Lender and the relevant Ancillary Facility Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s 's name in Schedule 1 (The Original Parties) and/or Lenders). For the amount purposes of any Revolving Facility calculating the Lender's Available Commitment transferred with respect to or assumed by that Lender under this Agreementthe Facility, the Lender's Commitment shall be reduced to the extent (in each case) not cancelled, reduced or transferred by it under this Agreementof the aggregate of the Ancillary Commitments of its Affiliates. (b) The relevant Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the relevant Borrower to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability7.2(Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor this Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agreement shall, at the same time, become Agent of a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative duly completed Affiliate Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 26 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Facility Agreement (Kronos Worldwide Inc)

Affiliates of Lenders as Ancillary Lenders. (a) 7.8.1 Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 or of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) 7.8.2 The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability7.2.2(a). (c) 7.8.3 An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor this Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agent of an accession agreement to this Agreement shall, at in form and content reasonably acceptance to the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor AgreementAgent. (d) 7.8.4 If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 28 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) 7.8.5 Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure cause that the obligation is to be performed by its Affiliate.

Appears in 1 contract

Samples: Multicurrency Facility Agreement (Gulfmark Offshore Inc)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a the Ancillary Lender may become an Ancillary Lender. In such case, the Ancillary Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility A Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original PartiesLenders) and/or the amount of any Revolving Facility A Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to Facility A, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The relevant Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the that Borrower to the Agent pursuant to paragraph (b)(i) of Clause 6.2 8.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 28 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ed) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Revolving Facilities Agreement (Molson Coors Brewing Co)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Facility Lender. In such case, with the prior consent of the Company, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite in the relevant Lender’s name in Schedule 1 (The Original Parties) Register as at the Effective Date and/or the amount of any Revolving Facility Commitment under that Revolving Facility transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Revolving Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Facility Commitments under that Revolving Facility of its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice Conversion Notice delivered by the Borrower Company to the Facility Agent pursuant to paragraph Clause 6.1 (b)(i) Utilisation of Clause 6.2 (AvailabilityAncillary Facilities). (c) An Affiliate of a Lender which becomes an Ancillary Facility Lender shall accede to this Agreement as an Ancillary Facility Lender, and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement.Lender. 50 63529049_1 (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (in accordance with Clause 27.1 (Assignments and Transfers by the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary DocumentFacility Document in respect of that Revolving Facility. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Facility Lender and the relevant Ancillary Facility Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Additional Facility Accession Agreement (Liberty Global PLC)

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Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender under Facility C may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility C Commitment is the amount set out opposite the relevant Lender’s name in Part II or Part III of Schedule 1 (The Original Initial Parties) and/or the amount of any Revolving Facility C Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement.. For the purposes of calculating the Lender’s Available Commitment with respect to Facility C, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates in respect of Facility C. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(ic)(i) of Clause 6.2 7.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 25 (Changes to the Lenders and Accession of Hedge Counterparties), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ed) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Term and Revolving Facilities Agreement (Melrose PLC)

Affiliates of Lenders as Ancillary Lenders. (ai) Subject to the terms of this Agreementand conditions herein, an Affiliate of a Revolving Lender may become an Ancillary Lender. In such case, the Revolving Lender and its Affiliate shall be treated as a single Revolving Lender whose Revolving Facility Credit Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original Parties) 2.01 and/or the amount of any Revolving Facility Credit Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Commitment with respect to the Revolving Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (bii) The Borrower Representative shall specify any relevant Affiliate of a Revolving Credit Lender in any notice delivered by the Borrower Representative to the Administrative Agent pursuant to paragraph (b)(i) of Clause 6.2 (AvailabilitySection 2.19(b). (ciii) An Affiliate of a Revolving Credit Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (div) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New new Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ev) Where this Agreement or any other Finance Loan Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which and is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Credit Agreement (Kleopatra Holdings 2 S.C.A.)

Affiliates of Lenders as Ancillary Lenders. (ai) Subject to the terms of this Agreementand conditions herein, an Affiliate of a Revolving Lender may become an Ancillary Lender. In such case, the Revolving Lender and its Affiliate shall be treated as a single Revolving Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Schedule 1 (The Original Parties) 2.01 and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Commitment with respect to the Revolving Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (bii) The Borrower Parent shall specify any relevant Affiliate of a Revolving Credit Lender in any notice delivered by the Borrower Parent to the Administrative Agent pursuant to paragraph (b)(i) of Clause 6.2 (AvailabilitySection 2.19(b). (ciii) An Affiliate of a Revolving Credit Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (div) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New new Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ev) Where this Agreement or any other Finance Loan Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Credit Agreement (Orion Engineered Carbons S.A.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by buy that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Obligors’ Agent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Obligors’ Agent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to this Agreement and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agreement shall, at Security Trustee of a duly completed accession undertaking in the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of form scheduled to the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 25 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Facility Agreement (InterXion Holding N.V.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Obligors’ Agent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Obligors’ Agent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to this Agreement and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes by delivery to the Intercreditor Agreement shall, at Security Trustee of a duly completed accession undertaking in the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of form scheduled to the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 25 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Facility Agreement (InterXion Holding N.V.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part II of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 9.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 18.10 (Creditor/Creditor Representative Agent Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 29 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender under the Original Revolving Facility or an Additional Revolving Facility or a Refinancing Revolving Facility (as applicable) may become an Ancillary Lender. In such case, other than for the purposes of Clause 18 (Tax Gross Up and Indemnities), the Lender and its Affiliate shall be treated as a single Lender (including for voting purposes) whose Original Revolving Facility Commitment or Additional Revolving Facility Commitment or Refinancing Revolving Facility Commitment (as applicable) is the amount set out opposite the relevant Lender’s 's name in Part 2 of Schedule 1 (The Original Parties) and/or in the relevant Additional Facility Notice and/or in the relevant Refinancing Facility Notice and/or the amount of any Revolving Facility such Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender's Available Commitment with respect to the Original Revolving Facility or an Additional Revolving Facility or a Refinancing Revolving Facility (as applicable), the Lender's Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Obligors’ Agent shall specify any relevant Affiliate of a an Original Revolving Facility Lender in any notice delivered by the Borrower Obligors’ Agent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 9.2 (Availability), which shall also provide the confirmation required by Clause 18.5 (Lender Status Confirmation) in respect of such Affiliate. (c) An Affiliate of a Lender under an Original Revolving Facility, an Additional Revolving Facility or a Refinancing Revolving Facility which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 20.10 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement (Fintrax US Acquisition Subsidiary, Inc.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Credit Facility Commitment is the amount set out opposite the relevant Lender’s name in Part II of Schedule 1 (The Original Parties) and/or the amount of any Revolving Credit Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Revolving Credit Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Parent to the Agent pursuant to paragraph (b)(ib) of Clause 6.2 9.3 (AvailabilityRequest for Ancillary Facilities). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) the terms of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 27 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Facility Agreement (Rockwood Holdings, Inc.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreementagreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility having a Commitment is the amount set out opposite of the relevant Lender. For the purposes of calculating the Lender’s name in Schedule 1 (The Original Parties) and/or Available Commitment with respect to the amount of any Revolving Facility Facility, the Lender’s Commitment transferred to or assumed by that Lender under this Agreement, shall be reduced to the extent (in each case) not cancelled, reduced or transferred by it under this Agreementof the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(iclause 6.2(b)(i) of Clause 6.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes this agreement by delivery to the Intercreditor Agreement shall, at the same time, become Agent of a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreementduly completed Transfer Certificate. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in clause 24.1 (Assignments and Transfers by the Lenders)), its Affiliate shall cease to have any obligations under this Agreement agreement or any Ancillary Document. (e) Where this Agreement agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender Lender” in accordance with clause 25.14 20.10 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement (OpSec Holdings)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 of Schedule 1 (The Original Parties) and/or ). For the amount purposes of any calculating the Lender’s Available Commitment with respect to the Revolving Facility Facility, the Lender’s Commitment transferred to or assumed by that Lender under this Agreement, shall be reduced to the extent (in each case) not cancelled, reduced or transferred by it under this Agreementof the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Facility Agent pursuant to paragraph (b)(i) of Clause 6.2 9.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to this Agreement and the Intercreditor Agreement as an Ancillary Lender and any person which so accedes Deed by delivery to the Facility Agent of a duly completed accession undertaking in the form scheduled to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor AgreementDeed. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 30 (Changes to the Lenders)), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement (Central European Distribution Corp)

Affiliates of Lenders as Ancillary Lenders. (a) 6.8.1 Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part 2 or Part 3 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender’s Available Commitment with respect to the Facility, the Lender’s Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) 6.8.2 The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability6.2.2(a). (c) 6.8.3 An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party party to this Agreement as an Ancillary Lender in accordance with clause 25.14 20.5.2 (Creditor/Creditor Representative Accession UndertakingDeeds of Accession) of the Intercreditor Agreement. (d) 6.8.4 If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause 26 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (e) 6.8.5 Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Revolving Facility Agreement (Penske Automotive Group, Inc.)

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated for all purposes of this Agreement other than Clause 15 (Tax Gross-up and Indemnities) as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s 's name in Part 2 of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of Clause 15 (Tax Gross-up and Indemnities), an Affiliate which accedes to this Agreement shall be treated as a Lender in its own right on the date it becomes an Ancillary Lender under the relevant Ancillary Facility. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 21.5 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New Lender, its Affiliate Affiliates shall cease to have any obligations under this Agreement or any Ancillary Document. (e) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Senior Facilities Agreement

Affiliates of Lenders as Ancillary Lenders. (a) Subject to the terms of this Agreement, an Affiliate of a Lender may become an Ancillary Lender. In such case, the Lender and its Affiliate shall be treated as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s 's name in Part B of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. For the purposes of calculating the Lender's Available Commitment, the Lender's Commitment shall be reduced to the extent of the aggregate of the Ancillary Commitments of its Affiliates. (b) The Borrower Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Borrower Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 ‎12.2 (Availability). (c) An Affiliate of a Lender which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender and any person which so accedes to the Intercreditor Agreement shall, at the same time, become a Party as an Ancillary Lender in accordance with clause 25.14 (Creditor/Creditor Representative Accession Undertaking) of the Intercreditor Agreement. (d) If a Lender assigns all of its rights and benefits or transfers all of its rights and obligations to a New LenderLender (as defined in Clause ‎29 (Changes to the Lenders), its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Document. (ed) Where this Agreement or any other Finance Document imposes an obligation on an Ancillary Lender and the relevant Ancillary Lender is an Affiliate of a Lender which is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Facility Agreement (Linde PLC)

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