Common use of Changes to Borrowers Clause in Contracts

Changes to Borrowers. 7.5.1 Any Borrower in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) may, at the request of the Parent, cease to be a Borrower by entering into a supplemental agreement to this Agreement in such form as the Agent may reasonably require which shall discharge that Borrower’s obligations hereunder. 7.5.2 Any Borrower (the “Existing Borrower”) may be released from its obligations under this Agreement as a Borrower, provided that another Borrower (the “Substitute Borrower”) assumes the obligations in respect thereof of the Existing Borrower and provided further that: (A) any such substitution shall take effect on and from the later of the day upon which the Agent notifies the Parent in writing that it is satisfied with the compliance with the matters set out in paragraphs (C) and (D) below and the date for substitution specified in the relevant notice under paragraph (B) below; (B) notice of the proposed substitution has been delivered by the Parent to the Agent not less than 14 days prior to the proposed substitution; (C) no Event of Default has occurred and is continuing; and (D) the Substitute Borrower enters into a novation agreement with the Existing Borrower, the Parent and the Agent on behalf of the Banks in the form of Part III of Schedule 4 (Forms of Accession Documents) together with such amendments as the Agent may reasonably require. Each Bank authorises the Agent to sign on its behalf any novation agreement entered into in accordance with this Clause 7.5.2. For the avoidance of doubt, this Clause 7.5 shall not operate to release the Guarantor from its obligations under this Agreement in its capacity as the Guarantor.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (British American Tobacco p.l.c.), Revolving Credit Facility (British American Tobacco p.l.c.)

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Changes to Borrowers. 7.5.1 (a) Any Borrower (other than the Borrowers' Agent) in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) may, at the request of the ParentBorrowers' Agent, cease to be a Borrower by entering into a supplemental agreement to this Agreement in such form as the Agent may reasonably require which shall discharge that Borrower’s 's obligations hereunder. 7.5.2 (b) Any Borrower (other than the Borrowers' Agent) (the "Existing Borrower") may be released from its obligations under this Agreement as a Borrower, Borrower provided that another Borrower (the "Substitute Borrower") assumes the obligations in respect thereof of the Existing Borrower and provided further that: (Ai) any such substitution shall take effect on and from the later of the day upon which the Agent notifies the Parent Borrowers' Agent in writing that it is satisfied with the compliance with the matters set out in paragraphs paragraph (C) and (Diii) below and the date for substitution specified in the relevant notice under paragraph (Bii) below; (Bii) notice of the proposed substitution has been delivered by the Parent Borrowers' Agent to the Agent not less than 14 days prior to the proposed substitution; (C) no Event of Default has occurred and is continuing; and (Diii) the Substitute Borrower enters into a novation agreement with the Existing Borrower, the Parent Borrowers' Agent and the Agent on behalf of the Banks in the form of Part III IV of Schedule 4 (Forms of Accession Documents) 5 together with such amendments as the Agent may reasonably require. Each Bank authorises the Agent to sign on its behalf any novation agreement entered into in accordance with this Clause 7.5.2. For the avoidance of doubt, this Clause 7.5 shall not operate to release the Guarantor from its obligations under this Agreement in its capacity as the Guarantorparagraph (b).

Appears in 1 contract

Samples: Term and Revolving Credit Facility (Powergen PLC)

Changes to Borrowers. 7.5.1 (a) Any Borrower (other than the Parent) in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) may, at the request of the Parent, cease to be a Borrower by entering into a supplemental agreement to this Agreement in such form as the Agent may reasonably require which shall discharge that Borrower’s obligations hereunder. 7.5.2 (b) Any Borrower (other than the Parent) (the “Existing Borrower”) may be released from its obligations under this Agreement as a Borrower, Borrower provided that another Borrower (the “Substitute Borrower”) assumes the obligations in respect thereof of the Existing Borrower and provided further that: (Ai) any such substitution shall take effect on and from the later of the day upon which the Agent notifies the Parent in writing that it is satisfied with the compliance with the matters set out in paragraphs paragraph (C) and (Db)(iii) below and the date for substitution specified in the relevant notice under paragraph (Bb)(ii) below; (Bii) notice of the proposed substitution has been delivered by the Parent to the Agent not less than 14 days prior to the proposed substitution; (C) no Event of Default has occurred and is continuing; and (Diii) the Substitute Borrower enters into a novation agreement Novation Agreement with the Existing Borrower, the Parent and the Agent on behalf of the Banks Lenders in the form of Part III IV of Schedule 4 (Forms of Accession Documents) 5 together with such amendments as the Agent may reasonably require. Each Bank Lender authorises the Agent to sign on its behalf any novation agreement Novation Agreement entered into in accordance with this Clause 7.5.2. For the avoidance of doubt, this Clause 7.5 shall not operate to release the Guarantor from its obligations under this Agreement in its capacity as the Guarantorparagraph (b).

Appears in 1 contract

Samples: Syndicated Credit Facility Agreement (Reuters Group PLC /Adr/)

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Changes to Borrowers. 7.5.1 (a) Any Borrower (other than the Parent) in respect of which no Advance is outstanding hereunder (including any other amounts outstanding in relation thereto) may, at the request of the Parent, cease to be a Borrower by entering into a supplemental agreement to this Agreement in such form as the Agent may reasonably require which shall discharge that Borrower’s 's obligations hereunder. 7.5.2 (b) Any Borrower (other than the Parent) (the "Existing Borrower") may be released from its obligations under this Agreement as a Borrower, Borrower provided that another Borrower (the "Substitute Borrower") assumes the obligations in respect thereof of the Existing Borrower and provided further that: (Ai) any such substitution shall take effect on and from the later of the day upon which the Agent notifies the Parent in writing that it is satisfied with the compliance with the matters set out in paragraphs paragraph (C) and (Db)(iii) below and the date for substitution specified in the relevant notice under paragraph (Bb)(ii) below; (Bii) notice of the proposed substitution has been delivered by the Parent to the Agent not less than 14 days prior to the proposed substitution; (C) no Event of Default has occurred and is continuing; and (Diii) the Substitute Borrower enters into a novation agreement Novation Agreement with the Existing Borrower, the Parent and the Agent on behalf of the Banks Lenders in the form of Part III IV of Schedule 4 (Forms of Accession Documents) 5 together with such amendments as the Agent may reasonably require. Each Bank Lender authorises the Agent to sign on its behalf any novation agreement Novation Agreement entered into in accordance with this Clause 7.5.2. For the avoidance of doubt, this Clause 7.5 shall not operate to release the Guarantor from its obligations under this Agreement in its capacity as the Guarantorparagraph (b).

Appears in 1 contract

Samples: Syndicated Credit Facility (Reuters Group PLC /Adr/)

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