Agent’s option. Before the Finance Parties have filed, as the case may be, a Request for Arbitration or Response (in each case, as defined in the Rules) the Agent may (and shall, if so instructed by the Majority Lenders) by notice in writing to all other Parties require that all Disputes or a specific Dispute be heard by a court of law. If the Agent gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 43.3 (
Appears in 2 contracts
Samples: Unsecured NGN Term Facility Agreement (IHS Holding LTD), Unsecured NGN Revolving Credit Facility Agreement (IHS Holding LTD)
Agent’s option. Before the an arbitrator has been appointed by a Finance Parties have filedParty to determine a Dispute, as the case may be, a Request for Arbitration or Response (in each case, as defined in the Rules) the Agent may (and shalland, if so instructed directed by the Majority LendersLenders shall) by notice in writing to all other Parties the Guarantor require that all Disputes or a specific Dispute be heard by a court of law. If the Agent gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 43.3 13.5 (Jurisdiction).
Appears in 2 contracts
Samples: Guarantee (Wimm Bill Dann Foods Ojsc), Guarantee (Wimm Bill Dann Foods Ojsc)
Agent’s option. Before the an arbitrator has been appointed by a Finance Parties have filedParty to determine a Dispute, as the case may be, a Request for Arbitration or Response (in each case, as defined in the Rules) the Agent may (and shalland, if so instructed by the Majority Lenders, shall) by notice in writing to all other Parties the Borrower require that all Disputes or a specific Dispute be heard by a court of law. If the Agent gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 43.3 37 (Jurisdiction).
Appears in 2 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (Lillian Acquisition, Inc.)
