Common use of Claims under a Documentary Credit Clause in Contracts

Claims under a Documentary Credit. (a) Each Borrower irrevocably and unconditionally authorises each L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it (or by the Company on its behalf) and which appears on its face to be in order (a “claim”). (b) Each Borrower shall within 3 Business Days of demand pay to the Facility Agent for the account of the relevant L/C Bank an amount equal to the amount of any claim under that Documentary Credit. (c) On receipt of any demand or notification under Clause 7.6 (Immediately Payable), the relevant Borrower shall (unless the Company notifies the Facility Agent otherwise) be deemed to have delivered to the Facility Agent a duly completed Utilisation Request requesting a Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable): (i) in an amount and currency equal to the amount and currency of the relevant claim (if applicable, net of any available cash cover); (ii) for a term of three months or such other period of up to six months as notified by the relevant Borrower to the relevant L/C Bank promptly following such demand or notification; and (iii) with a Utilisation Date on the date of receipt of the relevant demand or notification. The proceeds of any such Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable) shall be used to pay the relevant claim. (d) Each Borrower acknowledges that each L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (e) The obligations of each Borrower under this Clause 7.7 will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document. (f) Without prejudice to any other matter contained in this Clause 7.7, the relevant L/C Bank shall notify the relevant Borrowers as soon as reasonably practicable after receiving a claim.

Claims under a Documentary Credit. (a) Each Borrower irrevocably and unconditionally authorises each L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it (or by the Company on its behalf) and which appears on its face to be in order (a “claim”). (b) Each Borrower shall within 3 Business Days of demand pay to the Facility Agent for the account of the relevant L/C Bank an amount equal to the amount of any claim under that Documentary Credit. (c) On receipt of any demand or notification under Clause 7.6 5.5 (Immediately Payable), the relevant Borrower shall (unless the Company notifies the Facility Agent otherwise) be deemed to have delivered to the Facility Agent a duly completed Utilisation Request requesting a Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable):Advance: (i) in an amount and currency equal to the amount and currency of the relevant claim (if applicable, net of any available cash cover); (ii) for a term an Interest Period of three months or such other period of up to six months as notified by the relevant Borrower to the relevant L/C Bank promptly following prior to the Utilisation Date applicable to such demand or notificationcurrency; and (iii) with a Utilisation Date on the date of receipt of the relevant demand or notification. The proceeds of any such Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable) Advance shall be used to pay the relevant claim. (d) Each Borrower acknowledges that each L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (e) The obligations of each Borrower under this Clause 7.7 5.6 will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document. (f) Without prejudice to any other matter contained in this Clause 7.75.6, the relevant L/C Bank shall notify the relevant Borrowers as soon as reasonably practicable after receiving a claim.

Claims under a Documentary Credit. (a) Each In the case of a Documentary Credit issued by the Issuing Bank, each Borrower and each Lender irrevocably and unconditionally authorises the Issuing Bank, and in the case of a Documentary Credit issued by the Facility Agent, each Borrower irrevocably and unconditionally authorises each L/C Bank Lender on whose behalf such Documentary Credit was issued, to pay any claim made or purported to be made under a Documentary Credit requested by it (or by the Company on its behalf) and which appears on its face to be in order and in accordance with the terms of that Documentary Credit (a “claimDocumentary Credit Claim”). (b) Each Borrower shall within 3 Business Days of must immediately on demand pay to the Facility Agent in the case of a Documentary Credit issued by the Issuing Bank for the Issuing Bank or, in the case of a Documentary Credit issued by the Facility Agent, for the account of each Lender on whose behalf such Documentary Credit was issued by the relevant L/C Bank Facility Agent, an amount equal to the amount of any claim under that Documentary CreditCredit Claim. (c) On receipt In the case of any demand or notification under Clause 7.6 (Immediately Payable)a Documentary Credit issued by the Issuing Bank, each Borrower and each Lender acknowledges that the relevant Borrower shall (unless Issuing Bank and, in the Company notifies case of a Documentary Credit issued by the Facility Agent otherwise) be deemed to have delivered to on behalf of the Lenders, each Borrower acknowledges that the Facility Agent a duly completed Utilisation Request requesting a Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable): (i) in an amount and currency equal to the amount and currency of the relevant claim (if applicable, net of any available cash cover); (ii) for a term of three months or each Lender on whose behalf such other period of up to six months as notified by the relevant Borrower to the relevant L/C Bank promptly following such demand or notification; and (iii) with a Utilisation Date on the date of receipt of the relevant demand or notification. The proceeds of any such Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable) shall be used to pay the relevant claim. (d) Each Borrower acknowledges that each L/C BankDocumentary Credit was issued: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claimDocumentary Credit Claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person, and the Issuing Bank, the Facility Agent and each such Lender may assume that any demand, certificate, statement or document which appears on its face to be in order is correct and properly made. (ed) The obligations of a Borrower and, in respect of a Documentary Credit issued by the Issuing Bank, the obligations of the Facility Agent and each Borrower Lender under this Clause 7.7 will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document. (fe) Without prejudice A certificate signed by the Issuing Bank or a Lender on whose behalf a Documentary Credit was issued by the Facility Agent certifying the amount due to any other matter contained in this Clause 7.7, the relevant L/C Issuing Bank or such Lender shall notify be prima facie evidence of the relevant Borrowers as soon as reasonably practicable after receiving a claimmatters so certified.

Claims under a Documentary Credit. (a) Each Borrower irrevocably and unconditionally authorises each L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it (or by the Company on its behalf) and which appears on its face to be in order (a “claim”). (b) Each Borrower shall within 3 Business Days of demand pay to the Facility Agent for the account of the relevant L/C Bank an amount equal to the amount of any claim under that Documentary Credit.. 55 63529049_1 (c) On receipt of any demand or notification under Clause 7.6 (Immediately Payable), the relevant Borrower shall (unless the Company notifies the Facility Agent otherwise) be deemed to have delivered to the Facility Agent a duly completed Utilisation Request requesting a Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable): (i) in an amount and currency equal to the amount and currency of the relevant claim (if applicable, net of any available cash cover); (ii) for a term of three months or such other period of up to six months as notified by the relevant Borrower to the relevant L/C Bank promptly following such demand or notification; and (iii) with a Utilisation Date on the date of receipt of the relevant demand or notification. The proceeds of any such Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable) shall be used to pay the relevant claim. (d) Each Borrower acknowledges that each L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (e) The obligations of each Borrower under this Clause 7.7 (Claims under a Documentary Credit) will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document. (f) Without prejudice to any other matter contained in this Clause 7.77.7 (Claims under a Documentary Credit), the relevant L/C Bank shall notify the relevant Borrowers as soon as reasonably practicable after receiving a claim.

Claims under a Documentary Credit. (a) Each Borrower irrevocably and unconditionally authorises each L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it (or by the Company Parent on its behalf) and which appears on its face to be in order (a “claim”). (b) Each Borrower shall within 3 Business Days of demand pay to the Facility Agent for the account of the relevant L/C Bank an amount equal to the amount of any claim under that Documentary Credit. (c) On receipt of any demand or notification under Clause 7.6 (Immediately Payable), the relevant Borrower shall (unless the Company Parent notifies the Facility Agent otherwise) be deemed to have delivered to the Facility Agent a duly completed Utilisation Request requesting a Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable):Advance: (i) in an amount and currency equal to the amount and currency of the relevant claim (if applicable, net of any available cash cover); (ii) for a term Term of three months or such other period of up to six months as notified by the relevant Borrower to the relevant L/C Bank promptly following such demand or notification; and (iii) with a Utilisation Date on the date of receipt of the relevant demand or notification. The proceeds of any such Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable) Advance shall be used to pay the relevant claim. (d) Each Borrower acknowledges that each L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (e) The obligations of each Borrower under this Clause 7.7 (Claims under a Documentary Credit) will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document. (f) Without prejudice to any other matter contained in this Clause 7.77.7 (Claims under a Documentary Credit), the relevant L/C Bank shall notify the relevant Borrowers as soon as reasonably practicable after receiving a claim.

Claims under a Documentary Credit. (a) Each Borrower irrevocably and unconditionally authorises each L/C Bank to pay any claim made or purported to be made under a Documentary Credit requested by it (or by the Company on its behalf) and which appears on its face to be in order (a “claim”). (b) Each Borrower shall within 3 Business Days of demand pay to the Facility Agent for the account of the relevant L/C Bank an amount equal to the amount of any claim under that Documentary Credit.. 63140965_9 (c) On receipt of any demand or notification under Clause 7.6 (Immediately Payable), the relevant Borrower shall (unless the Company notifies the Facility Agent otherwise) be deemed to have delivered to the Facility Agent a duly completed Utilisation Request requesting a Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable): (i) in an amount and currency equal to the amount and currency of the relevant claim (if applicable, net of any available cash cover); (ii) for a term of three months or such other period of up to six months as notified by the relevant Borrower to the relevant L/C Bank promptly following such demand or notification; and (iii) with a Utilisation Date on the date of receipt of the relevant demand or notification. The proceeds of any such Revolving Facility Loan or Additional Facility Loan in relation to a revolving facility (as applicable) shall be used to pay the relevant claim. (d) Each Borrower acknowledges that each L/C Bank: (i) is not obliged to carry out any investigation or seek any confirmation from any other person before paying a claim; and (ii) deals in documents only and will not be concerned with the legality of a claim or any underlying transaction or any available set-off, counterclaim or other defence of any person. (e) The obligations of each Borrower under this Clause 7.7 will not be affected by: (i) the sufficiency, accuracy or genuineness of any claim or any other document; or (ii) any incapacity of, or limitation on the powers of, any person signing a claim or other document. (f) Without prejudice to any other matter contained in this Clause 7.7, the relevant L/C Bank shall notify the relevant Borrowers as soon as reasonably practicable after receiving a claim.