Debt assumptions. (a) Each Senior Secured Notes Trustee is entitled to assume that:
(i) no Senior Secured Payment Default, Second Lien Payment Default, Pari Passu Debt Payment Default, High Yield Payment Default or Unsecured Payment Default has occurred;
(ii) no Senior Default, Second Lien Default, Pari Passu Debt Default, High Yield Default or Unsecured Default has occurred;
(iii) none of the Senior Liabilities, Second Lien Liabilities, Pari Passu Debt Liabilities, High Yield Liabilities or Unsecured Liabilities have been accelerated;
(iv) no Default, Event of Default or termination event (however described) has occurred; and
(v) none of the Senior Discharge Date, the Second Lien Discharge Date, the Pari Passu Debt Discharge Date, the High Yield Discharge Date or the Unsecured Discharge Date has occurred, unless a Responsible Officer of that Senior Secured Notes Trustee has actual knowledge to the contrary.
(b) Each Second Lien Notes Trustee is entitled to assume that in respect of the Secured Obligations:
(i) no Senior Secured Payment Default or High Yield Payment Default or Unsecured Payment Default has occurred;
(ii) no Senior Default, Senior Secured Notes Default, Pari Passu Debt Default, High Yield Default or Unsecured Default has occurred;
(iii) none of the Senior Liabilities, Senior Secured Notes Liabilities, Pari Passu Debt Liabilities, High Yield Liabilities or Unsecured Liabilities have been accelerated;
(iv) no Default, Event of Default or termination event (however described) has occurred; and
(v) none of the Senior Discharge Date, the Senior Secured Notes Discharge Date, the Pari Passu Debt Discharge Date, the High Yield Discharge Date or the Unsecured Discharge Date has occurred, unless a Responsible Officer of that Second Lien Notes Trustee has actual knowledge to the contrary.
(c) Each High Yield Notes Trustee is entitled to assume that in respect of the Secured Obligations:
(i) no Senior Secured Payment Default, Second Lien Payment Default or Unsecured Payment Default has occurred;
(ii) no Senior Default, Second Lien Default, Pari Passu Debt Default, Senior Secured Notes Default or Unsecured Default has occurred;
(iii) none of the Senior Secured Liabilities, Second Lien Liabilities or Unsecured Liabilities have been accelerated;
(iv) no Default, Event of Default or termination event (however described) has occurred; and
(v) none of the Senior Discharge Date, the Second Lien Discharge Date, the Pari Passu Debt Discharge Date, the Senior Secured Notes Discha...
Debt assumptions. (a) Each Notes Trustee is entitled to assume that in respect of the Senior Liabilities and the Senior Parent Liabilities:
(i) no Senior Payment Default has occurred;
(ii) no Second Lien Payment Default has occurred;
(iii) none of the Senior Creditor Liabilities, Second Lien Liabilities or Senior Parent Liabilities have been accelerated;
(iv) no Default, Event of Default or termination event (however described) has occurred; and
(v) neither the First/Second Lien Discharge Date nor the Senior Parent Discharge Date has occurred, unless a Responsible Officer of the relevant Notes Trustee has actual knowledge to the contrary.
(b) No Notes Trustee is obliged to monitor or enquire whether any Event of Default has occurred.
Debt assumptions. (a) The Representatives and the Agents may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(b) The Representatives and the Agents may assume, unless it has received notice to the contrary in its capacity as agent, that:
(i) no event of default or potential event of default, however described, has occurred (unless it has actual knowledge of a failure by an ICA Group Company to pay on the due date an amount pursuant to a Secured Finance Document);
(ii) no Super Senior Debt or Senior Debt have been accelerated;
(iii) any instructions or Enforcement Instructions received by it from a Representative or an Agent are duly given in accordance with the terms of the Secured Finance Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked;
(iv) any right, power, authority or discretion vested in any Party or any group of creditors or Secured Parties has not been exercised; and
(v) any notice or request made by the Issuer is made on behalf of and with the consent and knowledge of all the ICA Group Companies and the Parent.
(c) The Representatives and the Agents may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
Debt assumptions. 15.4.1 Each Agent may rely on:
(a) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(b) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
15.4.2 Each Agent may assume, unless it has received notice to the contrary in its capacity as agent, that:
(a) no event of default or potential event of default, however described, has occurred (unless it has actual knowledge of a failure by the Company to pay on the due date an amount pursuant to a Secured Finance Document);
(b) no Secured Debt has been accelerated;
(c) any instructions or Enforcement Instructions received by it from a Creditor Agent are duly given in accordance with the terms of the Secured Finance Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked; and
(d) any right, power, authority or discretion vested in any Party or any group of Secured Parties has not been exercised.
15.4.3 Each Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
15.4.4 Each Agent may disclose to any other Party any information it reasonably believes it has received as Agent.
15.4.5 No Agent is obliged to monitor or enquire whether any Event of Default has occurred.
Debt assumptions. (a) The Notes Trustee is entitled to assume that in respect of the Secured Liabilities:
(i) no Default, Event of Default or termination event (however) described has occurred or is continuing;
(ii) none of the Secured Liabilities have been accelerated;
(iii) the Final Discharge Date has not occurred, unless a Responsible Officer of the Notes Trustee has actual knowledge to the contrary.
(b) The Notes Trustee is not obliged to monitor or enquire whether any Event of Default has occurred or is continuing.
Debt assumptions. (a) Each Agent may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(b) Each Agent may assume, unless it has received notice to the contrary in its capacity as agent, that:
(i) no event of default or potential event of default, however described, has occurred (unless it has actual knowledge of a failure by an ICA Group Company to pay on the due date an amount pursuant to a Senior Finance Document);
(ii) no Secured Debt has been accelerated;
(iii) any instructions or Enforcement Instructions received by it from a Secured Debt Agent are duly given in accordance with the terms of the Senior Finance Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked;
(iv) any right, power, authority or discretion vested in any Party or any group of Secured Creditors or Secured Parties has not been exercised; and
(v) any notice or request made by the Company is made on behalf of and with the consent and knowledge of all the ICA Group Companies.
(c) Each Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
Debt assumptions. The High Yield Notes Trustee is entitled to assume that in respect of the Senior Debt:
28.5.1 no Senior Payment Default has occurred;
28.5.2 no other Senior Default has occurred;
28.5.3 none of the Senior Debt has been accelerated; and
28.5.4 the Senior Discharge Date has not occurred, unless a Responsible Officer of the High Yield Notes Trustee has actual knowledge to the contrary. The High Yield Notes Trustee is not obliged to monitor or enquire whether any Senior Default has occurred.
Debt assumptions. (a) Each Unsecured Notes Trustee is entitled to assume that in respect of the Senior Secured Liabilities and the Unsecured Liabilities:
(i) no Default has occurred;
(ii) none of the Senior Secured Liabilities or Unsecured Liabilities have been accelerated;
(iii) no Event of Default or termination event (however described) has occurred; and
(iv) the Final Discharge Date has not occurred,
(b) No Unsecured Notes Trustee is obliged to monitor or enquire whether any Event of Default has occurred.
Debt assumptions. (a) Each Senior Agent is entitled to assume that in respect of the Senior Secured Liabilities and the Unsecured Liabilities:
(i) no Default has occurred;
(ii) none of the Senior Secured Liabilities or Unsecured Liabilities have been accelerated;
(iii) n o Event of Default or termination event (however described) has occurred; and
(iv) the Final Discharge Date has not occurred,
(b) No Senior Agent is obliged to monitor or enquire whether any Event of Default has occurred.
Debt assumptions. (a) The Bondholders Agent is entitled to assume that:
(i) no Default, Event of Default or termination event (however described) has occurred; and
(ii) the Senior Discharge Date has not occurred, unless an authorised officer of the Bondholders Agent has actual knowledge to the contrary.
(b) The Bondholders Agent is not obliged to monitor or enquire whether any Default or Event of Default has occurred.
