Common use of Communication when Facility Agent is Impaired Agent Clause in Contracts

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointed.

Appears in 27 contracts

Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)

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Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent the Relevant Finance Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the Facility Agent is an Impaired Agent) all the provisions of the Relevant Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Relevant Finance Parties to this Agreement directly. This provision shall not operate after a replacement Facility Agent has been appointed.

Appears in 4 contracts

Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointedappointed unless such replacement Facility Agent becomes an Impaired Agent.

Appears in 3 contracts

Samples: Term and Revolving Facilities Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC), Loan Agreement (Smith & Nephew PLC)

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent Agent, (a) the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (b) (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointedappointed to replace such Impaired Agent.

Appears in 3 contracts

Samples: Deed of Amendment Agreement (RISE Education Cayman LTD), Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents Document which require communications to be made or notices to be given to or by the Facility Agent shall will be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall will not operate after a replacement Facility Agent has been appointed.

Appears in 2 contracts

Samples: Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.)

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent the Finance Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Finance Parties directly. This provision shall not operate after a replacement Facility Agent has been appointed.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Liberty Global PLC), High Yield Bridge Facilities Agreement (Liberty Global PLC)

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent Agent, the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointed.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.), Term and Revolving Facilities Agreement (ShangPharma Corp)

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Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent Agent: (a) the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and directly; and (b) (while the Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointedappointed to replace such Impaired Agent.

Appears in 2 contracts

Samples: Senior Facility Agreement (Wanda Sports Group Co LTD), Senior Facility Agreement (Wanda Sports Group Co LTD)

Communication when Facility Agent is Impaired Agent. If the Facility an Agent is an Impaired Agent the Parties may, instead of communicating with each other through the Facility that Agent, communicate with each other directly and (while the Facility an Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility that Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointed.

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Bank Guarantee Facilities (Elster Group SE)

Communication when Facility Agent is Impaired Agent. If the Facility Agent is an Impaired Agent the Parties may, instead of communicating with each other through the Facility Agent, communicate with each other directly and (while the 63140965_9 Facility Agent is an Impaired Agent) all the provisions of the Finance Documents which require communications to be made or notices to be given to or by the Facility Agent shall be varied so that communications may be made and notices given to or by the relevant Parties directly. This provision shall not operate after a replacement Facility Agent has been appointed.

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

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