Common use of Back-up Service Provider Clause in Contracts

Back-up Service Provider. 6.1 If, for any reason: 6.1.1 Abundance ceases to provide the Abundance Service and it is not provided by the Back-up Service Provider (as defined in the Abundance Terms and Conditions); 6.1.2 Abundance ceases to maintain the Register; 6.1.3 Abundance resigns as Agent in accordance with the Schedule to the Abundance Terms and Conditions without appointing a substitute; or 6.1.4 there is any other material change to the nature of the Abundance Service or the involvement of Abundance which has a material adverse effect on any of the Holders’ rights under the Debentures, then for the avoidance of doubt the obligations of each Obligor under the Finance Documents will remain valid and binding subject to clause 6.2 (below). 6.2 In the circumstances set out in clause 6.1 (above), the Issuer may make such arrangements as they reasonably consider appropriate and may amend any Finance Document by a deed expressed to be supplemental to that Finance Document (but only so far as is reasonably necessary to incorporate the revised arrangements for the matters listed in clauses (6.2.1) - (6.2.4) (inclusive) below). The Issuer shall take reasonable steps as soon as practicable to inform the Holders of any changes to: 6.2.1 the arrangements for maintaining the Register; 6.2.2 the procedures for making any payments (but not the amount of any payment or how such amount is calculated) to Holders; 6.2.3 the procedures for transfer (including acceptance of any instrument in common standard form) of Debentures; and/or 6.2.4 how notices or other information can be given to Holders.

Back-up Service Provider. 6.1 7.1 If, for any reason: 6.1.1 7.1.1 Abundance ceases to provide the Abundance Service and it is not provided by the Back-up Service Provider (as defined in the Abundance Terms and Conditions); 6.1.2 7.1.2 Abundance ceases to maintain the Register; 6.1.3 7.1.3 Abundance resigns as Agent in accordance with the Schedule to the Abundance Terms and Conditions without appointing a substitute; or 6.1.4 7.1.4 there is any other material change to the nature of the Abundance Service or the involvement of Abundance which has a material adverse effect on any of the Holders’ rights under the Debentures, then for the avoidance of doubt the obligations of each Obligor the Issuer and the Guarantor under the Finance Documents will remain valid and binding subject to clause 6.2 7.2 (below). 6.2 7.2 In the circumstances set out in clause 6.1 7.1 (above), the Issuer and the Guarantor may make such arrangements as they reasonably consider appropriate and may amend any Finance Document by a deed expressed to be supplemental to that Finance Document (but only so far as is reasonably necessary to incorporate the revised arrangements for the matters listed in clauses (6.2.1) - (6.2.47.2.1)-(7.2.4) (inclusive) below). The Issuer (failing which the Guarantor) shall take reasonable steps as soon as practicable to inform the Holders of any changes to: 6.2.1 7.2.1 the arrangements for maintaining the Register; 6.2.2 7.2.2 the procedures for making any payments (but not the amount of any payment or how such amount is calculated) to Holders; 6.2.3 7.2.3 the procedures for transfer (including acceptance of any instrument in common standard form) of Debentures; and/or 6.2.4 7.2.4 how notices or other information can be given to Holders.

Back-up Service Provider. 6.1 If, for any reason: 6.1.1 Abundance ceases to provide the Abundance Service and it is not provided by the Back-up Service Provider (as defined in the Abundance Terms and Conditions); 6.1.2 Abundance ceases to maintain the Register; 6.1.3 Abundance resigns as Agent in accordance with the Schedule to the Abundance Terms and Conditions without appointing a substitute; or 6.1.4 there is any other material change to the nature of the Abundance Service or the involvement of Abundance which has a material adverse effect on any of the Holders’ rights under the Debentures, then for the avoidance of doubt the obligations of each Obligor the Issuer, the Guarantor and the Parent under the Finance Documents will remain valid and binding subject to clause 6.2 (below). 6.2 In the circumstances set out in clause 6.1 (above), the Issuer may make such arrangements as they reasonably consider appropriate and may amend any Finance Document by a deed expressed to be supplemental to that Finance Document (but only so far as is reasonably necessary to incorporate the revised arrangements for the matters listed in clauses (6.2.1) - (6.2.4) (inclusive) below). The Issuer shall take reasonable steps as soon as practicable to inform the Holders of any changes to: 6.2.1 the arrangements for maintaining the Register; 6.2.2 the procedures for making any payments (but not the amount of any payment or how such amount is calculated) to Holders; 6.2.3 the procedures for transfer (including acceptance of any instrument in common standard form) of Debentures; and/or 6.2.4 how notices or other information can be given to Holders.

Back-up Service Provider. 6.1 7.1 If, for any reason: 6.1.1 7.1.1 Abundance ceases to provide the Abundance Service and it is not provided by the Back-up Service Provider (as defined in the Abundance Terms and Conditions); 6.1.2 7.1.2 Abundance ceases to maintain the Register; 6.1.3 7.1.3 Abundance resigns as Agent in accordance with the Schedule to the Abundance Terms and Conditions without appointing a substitute; or 6.1.4 7.1.4 there is any other material change to the nature of the Abundance Service or the involvement of Abundance which has a material adverse effect on any of the Holders’ rights under the Debentures, then for the avoidance of doubt the obligations of each Obligor the Issuer and the Guarantor under the Finance Documents will remain valid and binding subject to clause 6.2 7.2 (below). 6.2 7.2 In the circumstances set out in clause 6.1 7.1 (above), the Issuer and the Guarantor may make such arrangements as they reasonably consider appropriate and may amend any Finance Document by a deed expressed to be supplemental to that Finance Document (but only so far as is reasonably necessary to incorporate the revised arrangements for the matters listed in clauses (6.2.1) - (6.2.47.2.1)-(7.2.4) (inclusive) below). The Issuer (failing which the Guarantor) shall take reasonable steps as soon as practicable to inform the Holders of any changes to: 6.2.1 7.2.1 the arrangements for maintaining the Register; 6.2.2 7.2.2 the procedures for making any payments (but not the amount of any payment or how such amount is calculated) to Holders; 6.2.3 7.2.3 the procedures for transfer (including acceptance of any instrument in common standard form) of Debentures; and/or 6.2.4 7.2.4 how notices or other information can be given to Holders.

Back-up Service Provider. 6.1 If, for any reason: 6.1.1 Abundance ceases to provide the Abundance Service and it is not provided by the Back-up Service Provider (as defined in the Abundance Terms and Conditions); 6.1.2 Abundance ceases to maintain the Register; 6.1.3 Abundance resigns as Agent in accordance with the Schedule to the Abundance Terms and Conditions without appointing a substitute; or 6.1.4 there is any other material change to the nature of the Abundance Service or the involvement of Abundance which has a material adverse effect on any of the Holders’ rights under the Debentures, then for the avoidance of doubt the obligations of each Obligor the Issuer and OPHL under the Finance Documents will remain valid and binding subject to clause 6.2 (below). 6.2 In the circumstances set out in clause 6.1 (above), the Issuer may make such arrangements as they reasonably consider appropriate and may amend any Finance Document by a deed expressed to be supplemental to that Finance Document (but only so far as is reasonably necessary to incorporate the revised arrangements for the matters listed in clauses (6.2.1) - (6.2.4) (inclusive) below). The Issuer shall take reasonable steps as soon as practicable to inform the Holders of any changes to: 6.2.1 the arrangements for maintaining the Register; 6.2.2 the procedures for making any payments (but not the amount of any payment or how such amount is calculated) to Holders; 6.2.3 the procedures for transfer (including acceptance of any instrument in common standard form) of Debentures; and/or 6.2.4 how notices or other information can be given to Holders.

Back-up Service Provider. 6.1 If, for any reason: 6.1.1 Abundance ceases to provide the Abundance Service and it is not provided by the Back-up Service Provider (as defined in the Abundance Terms and Conditions); 6.1.2 Abundance ceases to maintain the Register; 6.1.3 Abundance resigns as Agent in accordance with the Schedule to the Abundance Terms and Conditions without appointing a substitute; or 6.1.4 there is any other material change to the nature of the Abundance Service or the involvement of Abundance which has a material adverse effect on any of the Holders’ rights under the Debentures, Bonds, 6.2 then for the avoidance of doubt the obligations of each Obligor the Issuer under the Finance Documents this Instrument will remain valid and binding subject to clause 6.2 6.3 (below). 6.2 6.3 In the circumstances set out in clause 6.1 (above), the Issuer may make such arrangements as they it reasonably consider considers appropriate and may unilaterally amend any Finance Document this Instrument by a deed expressed to be supplemental to that Finance Document this Instrument (but only so far as is reasonably necessary to incorporate the revised arrangements for the matters listed in clauses (6.2.16.3.1) - (6.2.46.3.4) (inclusive) below). The Issuer shall take reasonable steps as soon as practicable to inform the Holders of any changes to: 6.2.1 6.3.1 the arrangements for maintaining the Register; 6.2.2 6.3.2 the procedures for making any payments (but not the amount of any payment or how such amount is calculated) to Holders; 6.2.3 6.3.3 the procedures for transfer (including acceptance of any instrument in common standard form) of DebenturesBonds; and/or 6.2.4 6.3.4 how notices or other information can be given to Holders.