Common use of Certain Funds Clause in Contracts

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 9.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: (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 (d) exercise any right of set-off or counterclaim in respect of any Loan, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements shall be available to the Finance Parties notwithstanding that they may not have been used or been available for use during the Certain Funds Period. 65 SECTION 9 CHANGES TO PARTIES

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 9.1 8.2 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: (a) cancel any of its Commitments; (b) rescind, terminate or cancel this Agreement or any of the FacilitiesFacility; (c) refuse to participate in the making or issuing of any Loan; or (d) exercise any right of set-off or counterclaim in respect of any Loan, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements shall be available to the Finance Parties notwithstanding that they may not have been used or been available for use during the Certain Funds Period. 65 SECTION 9 CHANGES TO PARTIES.

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 9.1 (Illegality)) unless a Certain Funds Event of Default has occurred which is continuing, none of the Finance Parties shall be entitled to: (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 (d) exercise any right of set-off or counterclaim in respect of any Loan, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements shall be available to the Finance Parties notwithstanding that they may not have been used or been available for use during the Certain Funds Period. 65 SECTION 9 CHANGES TO PARTIESLD885224/26