Common use of Consolidation and division of Loans Clause in Contracts

Consolidation and division of Loans. (a) Subject to paragraph (b) below, if two or more Interest Periods: (i) relate to Loans to the same Borrower; (ii) end on the same date; and (iii) relate to Loans in the same currency, those Loans will, unless the Company on behalf of a Borrower specifies to the contrary in the Selection Notice for the next Interest Period, be consolidated into, and treated as, a single Loan on the last day of the Interest Period. (b) Subject to Clause 4.4 (Maximum number of Utilisations) and Clause 5.3 (Currency and amount), if the Company on behalf of a Borrower requests in a Selection Notice that a Loan be divided into two or more Loans, that Loan will, on the last day of its Interest Period, be so divided with Base Currency Amounts specified in that Selection Notice, being an aggregate Base Currency Amount equal to the Base Currency Amount of the Loan immediately before its division.

Appears in 2 contracts

Samples: Multicurrency Loan Facility Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)

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Consolidation and division of Loans. (a) Subject to paragraph (b) below, if two or more Interest Periods: (i) relate to Loans in the same currency which are made to the same Borrower;; and (ii) end on the same date; and (iii) relate to Loans in the same currency, those Loans will, unless that Borrower (or the Company on behalf of a Borrower its behalf) specifies to the contrary in the Selection Notice for the next Interest Period, be consolidated into, and treated as, a single Loan on the last day of the Interest Period. (b) Subject to Clause 4.4 4.3 (Maximum number of UtilisationsLoans) and Clause 5.3 (Currency and amount), if a Borrower (or the Company on behalf of a Borrower its behalf) requests in a Selection Notice that a Loan be divided into two or more Loans, that Loan will, on the last day of its Interest Period, be so divided with Base Currency Amounts specified in that Selection Notice, being an aggregate Base Currency Amount equal to the Base Currency Amount of the Loan immediately before its division.

Appears in 2 contracts

Samples: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG)

Consolidation and division of Loans. (a) Subject to paragraph (b) below, if two or more Interest Periods: (i) relate to either Facility A Term Loans, Facility B Loans to or Facility C Loans in the same Borrower;currency; and (ii) end on the same date; and (iii) relate to Loans in the same currency, those Loans will, unless the Company on behalf of a Borrower specifies to the contrary in the Selection Notice for the next Interest Period, be consolidated into, and treated as, a single Loan on the last day of the Interest Period. (b) Subject to Clause 4.4 4.6 (Maximum number of UtilisationsLoans) and Clause 5.3 (Currency and amount), if the Company on behalf of a Borrower requests in a Selection Notice that a Loan be divided into two or more Loans, that Loan will, on the last day of its Interest Period, be so divided with into the Base Currency Amounts specified in that Selection Notice, being an aggregate Base Currency Amount equal to the Base Currency Amount of the Loan immediately before its division.

Appears in 2 contracts

Samples: Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv)

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Consolidation and division of Loans. (a) Subject to paragraph (b) below, if two or more Interest Periods: (i) relate to Loans to in the same Borrower;currency; and (ii) end on the same date; and (iii) relate are made to Loans in the same currencyBorrower, those Loans will, unless that Borrower (or the Company Parent on behalf of a Borrower its behalf) specifies to the contrary in the Selection Notice for the next Interest Period, be consolidated into, and treated as, a single Loan on the last day of the Interest Period. (b) Subject to Clause 4.4 4.3 (Maximum number of UtilisationsLoans) and Clause 5.3 (Currency and amount), if the Company on behalf of a Borrower (or the Parent on its behalf) requests in a Selection Notice that a Loan be divided into two or more Loans, that Loan will, on the last day of its Interest Period, be so divided with Base Currency Amounts specified in that Selection Notice, being an aggregate Base Currency Amount equal to the Base Currency Amount of the Loan immediately before its division.

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

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