Certain Funds. To ensure that Bidco has resources available to fulfil its obligations under the Offer, during the Certain Funds Period (notwithstanding any provision in this Agreement to the contrary except for Clause 8.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: LD857960/50 (a) cancel any of its Commitments; (b) rescind, terminate or cancel this Agreement or any of the Facilities; (c) refuse to participate in the making or issuing of any Loan; or
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Certain Funds. To ensure that Bidco has resources available to fulfil its obligations under the Offer, during the Certain Funds Period (notwithstanding any provision in this Agreement to the contrary except for Clause 8.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: LD857960/50LD943539/9
(a) cancel any of its Commitments;
(b) rescind, terminate or cancel this Agreement or any of the Facilities;
(c) refuse to participate in the making or issuing of any Loan; or
Appears in 2 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Certain Funds. To ensure that Bidco has resources available to fulfil its obligations under the Offer, during the Certain Funds Period (notwithstanding any provision in this Agreement to the contrary except for Clause 8.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: LD857960/50:
(a) cancel any of its Commitments;
(b) rescind, terminate or cancel this Agreement or any of the Facilities;
(c) refuse to participate in the making or issuing of any Loan; or
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Certain Funds. To ensure that Bidco has resources available to fulfil its obligations under the Offer, during the Certain Funds Period (notwithstanding any provision in this Agreement to the contrary except for Clause 8.1 9.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: LD857960/50:
(a) cancel any of its Commitments;
(b) rescind, terminate or cancel this Agreement or any of the Facilities;
(c) refuse to participate in the making or issuing of any Loan; or
Appears in 1 contract
