Common use of Certain Funds Clause in Contracts

Certain Funds. (a) Notwithstanding any term of this Agreement, during the Availability Period for a Loan and in respect of any Credit for the purposes set out in paragraphs (a)-(c) (inclusive) of Clause 3.1 (Loan proceeds) no Lender is entitled to: (i) refuse to participate in or make available any such Credit; (ii) cancel its Commitment; (iii) exercise any right of rescission or similar right or remedy which it may have in relation to any such Credit; or (iv) accelerate or cause repayment of any such Credit, except as provided below in this Subclause. (b) Paragraph (a) does not apply if the entitlement arises because: (i) the Obligors’ Agent has not delivered or procured the delivery of all of the documents required under Clause 4.2 (Conditions precedent to first utilisation of the Facility) and the delivery of any such documents has not been waived by the Facility Agent; (ii) a Major Representation is not correct or will not be correct immediately after any such Credit is made; (iii) a Major Default is outstanding or will result from the making of any such Credit; or (iv) it is unlawful for the Lender to perform any of its obligations under the Finance Documents. (c) Nothing in this Subclause will affect the rights of any Finance Party in respect of any outstanding Default upon expiry of the Availability Period in respect of a Loan, irrespective of whether that Default occurred during the Availability Period in respect of a Loan or not.

Certain Funds. (a) Notwithstanding any term of this Agreement, during the Availability Certain Funds Period for a Loan and in respect of any Credit for the purposes set out in paragraphs (a)-(c) (inclusive) of Clause 3.1 (Loan proceeds) no Lender is entitled to: (i) refuse to participate in or make available any such CreditOffer Loan; (ii) cancel its a Commitment; (iii) exercise any right of rescission rescission, set off or similar right or remedy which it may have in relation to any such CreditOffer Loan; or (iv) accelerate or cause repayment of any such CreditOffer Loan, except as provided below in this Subclause. (b) Paragraph (a) does not apply if the entitlement arises because: (i) the Obligors’ Agent Company has not delivered or procured the delivery of all of the documents required under this Clause 4.2 or Part I of Schedule 2 (Conditions precedent to first utilisation of the Facility) and the delivery of any such documents has not been waived by the Facility Agentdocuments); (ii) a Major Representation is not correct accurate in all material respects or will not be correct accurate in all material respects immediately after any such Credit the Offer Loan is made; (iii) a Major Default is outstanding or will result from the making of any such Credit; orthe Offer Loan; (iv) it is unlawful for the Lender to perform any of its obligations under the Finance Documents; or (v) in the case of an Offer Loan to be made to a Borrower other than the Company, that Borrower is not, or would not be after the borrowing of that Loan, in compliance with its obligations under Clause 19.12 (Borrower financial condition). (c) Nothing in this Subclause will affect the rights of any Finance Party in respect of any outstanding Default upon expiry of the Availability Certain Funds Period in respect of a Loan, irrespective of whether that Default occurred during the Availability Certain Funds Period in respect of a Loan or not.