Borrower transfer. (a) The Company may request a Loan Transfer if the Company gives the Facility Agent not less than 10 days prior notice of the proposed Loan Transfer specifying the Facility to which the Loan to be transferred relates, the amount of the Loan and the proposed transfer date (which must be the last day of the Interest Period for that Loan). (b) Subject to the conditions set out in this Clause 25.2, a Loan Transfer is effected in accordance with a Loan Transfer Agreement when the Facility Agent executes an otherwise duly completed Loan Transfer Agreement delivered to it and executed by the Company and another Borrower (other than a Canadian Borrower) not less than five Business Days prior to the proposed Loan Transfer Date. (c) The Facility Agent shall, as soon as reasonably practicable after receipt by it of a duly completed Loan Transfer Agreement complying with the conditions below and delivered in accordance with the terms of this Agreement, execute that Loan Transfer Agreement. A Loan Transfer Agreement must: (i) specify the Loan and the Facility to which it relates; (ii) refer to a single Loan for its entire amount which must be in a minimum amount of $250,000,000; (iii) specify the Borrower to whom the Loan Transfer will be made; (iv) specify the Interest Period which will apply to that Loan upon the Loan Transfer Date; and (v) contain a confirmation from the Company that no Default is continuing or would occur as a result of the Loan Transfer. (d) On the Loan Transfer Date, then notwithstanding any other provision of the Finance Documents the Loan shall be transferred in accordance with the Loan Transfer Agreement. LD857960/50
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Borrower transfer. (a) The Company may request a Loan Transfer if the Company gives the Facility Agent not less than 10 days prior notice of the proposed Loan Transfer specifying the Facility to which the Loan to be transferred relates, the amount of the Loan and the proposed transfer date (which must be the last day of the Interest Period for that Loan).
(b) Subject to the conditions set out in this Clause 25.2, a Loan Transfer is effected in accordance with a Loan Transfer Agreement when the Facility Agent executes an otherwise duly completed Loan Transfer Agreement delivered to it and executed by the Company and another Borrower (other than a Canadian Borrower) not less than five Business Days prior to the proposed Loan Transfer Date.
(c) The Facility Agent shall, as soon as reasonably practicable after receipt by it of a duly completed Loan Transfer Agreement complying with the conditions below and delivered in accordance with the terms of this Agreement, execute that Loan Transfer Agreement. A Loan Transfer Agreement must:
(i) specify the Loan and the Facility to which it relates;
(ii) refer to a single Loan for its entire amount which must be in a minimum amount of $250,000,000;
(iii) specify the Borrower to whom the Loan Transfer will be made;
(iv) specify the Interest Period which will apply to that Loan upon the Loan Transfer Date; and
(v) contain a confirmation from the Company that no Default is continuing or would occur as a result of the Loan Transfer.
(d) On the Loan Transfer Date, then notwithstanding any other provision of the Finance Documents the Loan shall be transferred in accordance with the Loan Transfer Agreement. LD857960/50LD943539/9
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Borrower transfer. (a) The Company may request a Loan Transfer if the Company gives the Facility Agent not less than 10 days prior notice of the proposed Loan Transfer specifying the Facility to which the Loan to be transferred relates, the amount of the Loan and the proposed transfer date (which must be the last day of the Interest Period for that Loan).
(b) Subject to the conditions set out in this Clause 25.2, a Loan Transfer is effected in accordance with a Loan Transfer Agreement when the Facility Agent executes an otherwise duly completed Loan Transfer Agreement delivered to it and executed by the Company and another Borrower (other than a Canadian Borrower) not less than five Business Days prior to the proposed Loan Transfer Date.
(c) The Facility Agent shall, as soon as reasonably practicable after receipt by it of a duly completed Loan Transfer Agreement complying with the conditions below and delivered in accordance with the terms of this Agreement, execute that Loan Transfer Agreement. A Loan Transfer Agreement must:
(i) specify the Loan and the Facility to which it relates;
(ii) refer to a single Loan for its entire amount which must be in a minimum amount of $250,000,000;
(iii) specify the Borrower to whom the Loan Transfer will be made;
(iv) specify the Interest Period which will apply to that Loan upon the Loan Transfer Date; and
(v) contain a confirmation from the Company that no Default is continuing or would occur as a result of the Loan Transfer.
(d) On the Loan Transfer Date, then notwithstanding any other provision of the Finance Documents the Loan shall be transferred in accordance with the Loan Transfer Agreement. LD857960/50LD857960/38
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)