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 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. (b) The Parent shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) 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. (d) 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 2 contracts

Samples: Facility Agreement, Senior Facilities Agreement

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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 Commitment is the amount set out opposite the relevant Lender’s 's name in Part II 3 - (Original Lenders) 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 Parent Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent Company to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availabilityclause 7.2(b)(i). (c) 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. (d) 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 (Luxfer Holdings 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 name in Part II of Schedule 1 (The Original Parties) and/or and/or, the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this AgreementAgreement (including for the avoidance of doubt under Clause 2.5 (Accordion Facility)), to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Parent Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent Company to the Agent pursuant to sub- paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) 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. (d) 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

Affiliates of Lenders as Ancillary Lenders. DocuSign Envelope ID: 9280C6A2-0B54-4105-ADC3-B64316B92B07 (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 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 Parent Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) 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. (d) 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 (StoneX Group Inc.)

Affiliates of Lenders as Ancillary Lenders. APJ/MSXM/076001.00588/80174749.8Page 36 (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 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 Parent Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) 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. (d) 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 (StoneX 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 as a single Lender whose Revolving Facility Commitment is the amount set out opposite under the relevant Facility is equal to such Lender’s name in Part II 's Commitment under that Facility. For the purposes of Schedule 1 (The Original Parties) and/or calculating the amount of any Revolving Facility Lender's Available Commitment transferred with respect to or assumed by that Lender under this Agreementa Facility, the Lender's Commitment shall be reduced to the extent (in each case) not cancelled, reduced or transferred by it of the aggregate of the Ancillary Commitments of its Affiliates under this Agreementthat Facility. (b) The Parent Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent it to the Agent pursuant to paragraph (b)(ic)(i)(C) of Clause 6.2 9.2 (Availability). (c) 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. (d) 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 documentFinance Document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Bank Guarantee Facilities (Elster Group SE)

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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 Commitment is the amount set out opposite the relevant Lender’s name in Part II of Schedule 1 (The Original Parties) and/or and/or, the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under this AgreementAgreement (including for the avoidance of doubt under Clause 2.5 (Accordion Facility)), to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Parent Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent Company to the Agent pursuant to sub-paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) 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. (d) 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 (VTTI Energy Partners LP)

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 PartiesLenders) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that LRXM/076001.00588/92345437.6Page 36 Lender under this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Parent Borrower shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent to the Agent pursuant to paragraph (b)(i) of Clause 6.2 (Availability). (c) 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. (d) 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: Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX 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 as a single Lender whose Revolving Facility Commitment is the amount set out opposite the relevant Lender’s name in Part II III of Schedule 1 (The Original Parties) and/or the amount of any Revolving Facility Commitment transferred to or assumed by that Lender under or in accordance with this Agreement, to the extent (in each case) not cancelled, reduced or transferred by it under this Agreement. (b) The Parent Company shall specify any relevant Affiliate of a Lender in any notice delivered by the Parent Company to the Agent pursuant to sub-paragraph (b)(i) of Clause 6.2 7.2 (Availability). (c) If An Affiliate of a Lender assigns all which becomes an Ancillary Lender shall accede to the Intercreditor Agreement as an Ancillary Lender by delivery to the Security Agent of its rights and benefits or transfers all of its rights and obligations a duly completed accession undertaking in the form scheduled to a New Lender, its Affiliate shall cease to have any obligations under this Agreement or any Ancillary Documentthe Intercreditor Agreement. (d) 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 (Marine Harvest ASA)

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