Common use of Disruption to Payment Systems etc Clause in Contracts

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 4 contracts

Samples: Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.), Facility Agreement, Facility Agreement

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Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 4 contracts

Samples: Term Facility Agreement (Enstar Group LTD), Facility Agreement (DryShips Inc.), Facility Agreement (Gulfmark Offshore Inc)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Company that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerCompany, consult with the Borrower Company with a view to agreeing with the Borrower Company such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Company in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 3 contracts

Samples: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.), Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley PLC)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 3 contracts

Samples: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD), Covered Export Credit Agreement (Hughes Network Systems, LLC)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the a Borrower that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the a Borrower, consult with the Borrower Borrowers with a view to agreeing with the Borrower Borrowers such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower Borrowers in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 2 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Okeanis Eco Tankers Corp.)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Company that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerCompany, consult with the Borrower Company with a view to agreeing with the Borrower Company such changes to the operation or administration of the Facility Facilities as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Company in relation to any changes mentioned in paragraph (aclause 34.11(a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the other Finance Parties in relation to any changes mentioned in paragraph (aclause 34.11(a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 2 contracts

Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower Parent that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the BorrowerParent, consult with the Borrower Parent with a view to agreeing in good faith with the Borrower Parent such changes to the operation or administration of the Facility Facilities as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower Parent in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 2 contracts

Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Company that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerCompany, consult with the Borrower Company with a view to agreeing with the Borrower Company such changes to the operation or administration of the Facility Facilities as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Company in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 2 contracts

Samples: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (Rio Tinto PLC)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower Borrowers that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the BorrowerBorrowers, consult with the Borrower Borrowers with a view to agreeing with the Borrower Borrowers such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower Borrowers in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 2 contracts

Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Parent that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerParent, consult with the Borrower Parent with a view to agreeing with the Borrower Parent such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Parent in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Enstar Group LTD)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) discretion that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility Loan as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (aClause 28.12(a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to any such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;Clause 28.12

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower Company that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the BorrowerCompany, consult with the Borrower Company with a view to agreeing with the Borrower Company such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower Company in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; ; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility Facilities as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facility Agreement (Diana Containerships Inc.)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Borrowers that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerBorrowers, consult with the Borrower Borrowers with a view to agreeing with the Borrower Borrowers such changes to the operation or administration of the Facility Facilities as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Borrowers in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Revolving Facilities Agreement (Molson Coors Brewing Co)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility this Agreement as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facility Agreement

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the a Borrower that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the a Borrower, consult with the Borrower Borrowers with a view to agreeing with the Borrower Borrowers such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower Borrowers in relation to any changes mentioned in paragraph (a) above if, in its reasonable opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Term Loan Facility Agreement (Castor Maritime Inc.)

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Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Term Loan Agreement (Ocean Rig UDW Inc.)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower HWDC that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the BorrowerHWDC, consult with the Borrower HWDC with a view to agreeing with the Borrower HWDC such changes to the operation or administration of the Facility as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower HWDC in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties Lenders, the Security Agent and the Arranger in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facility Agreement (Harry Winston Diamond Corp)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Company that a Disruption Event has occurred: (a) 29.10.1 the Agent may, and shall if requested to do so by the BorrowerCompany, consult with the Borrower Company with a view to agreeing with the Borrower Company such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) 29.10.2 the Agent shall not be obliged to consult with the Borrower Company in relation to any changes mentioned in paragraph (a) above Clause 29.10.1 if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) 29.10.3 the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above Clause 29.10.1 but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Junior Facility Agreement (Endeavour International Corp)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Facility Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility Facilities as the Facility Agent may deem necessary in the circumstances; (b) the Facility Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (aclause 22.2(a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Facility Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (aclause 22.2(a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facility Agreement

Disruption to Payment Systems etc. If an Agent either the Agent (i) determines (in its discretion) that a Disruption Event has occurred or the Agent (ii) is notified by the Borrower an Obligor that a Disruption Event has occurred: (a) the Intercreditor Agent may, and shall if requested instructed to do so by the BorrowerGuarantor, consult with the Borrower Guarantor with a view to agreeing with the Borrower Guarantor such changes to the operation or administration of the Facility Term Loans as the Intercreditor Agent may deem necessary in the circumstances; (b) the Intercreditor Agent shall not be obliged to consult with the Borrower Guarantor in relation to any changes mentioned in paragraph (aClause 33.8(a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Intercreditor Agent may consult with the Finance other Secured Parties in relation to any changes mentioned in paragraph (aClause 33.8(a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.)

Disruption to Payment Systems etc. If either the Facility Agent determines (in its discretion) that a Disruption Event has occurred or the Facility Agent is notified by the Borrower that a Disruption Event has occurred: (a) 31.8.1 the Facility Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility Facilities as the Facility Agent may deem necessary in the circumstances; (b) 31.8.2 the Facility Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above Clause 31.8.1 if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) 31.8.3 the Facility Agent may shall consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above Clause 31.8.1 but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (aClause 28.10(a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (aClause 28.10(a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facility Agreement (Golden Star Resources LTD)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Company that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerCompany, consult with the Borrower Company with a view to agreeing with the Borrower Company such changes to the operation or administration of the Facility as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Company in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facility Agreement (Marine Harvest ASA)

Disruption to Payment Systems etc. If either the Agent determines (in its discretion) that a Disruption Event has occurred or the Agent is notified by the Borrower Parent that a Disruption Event has occurred: (a) the Agent may, and shall if requested to do so by the BorrowerParent, consult with the Borrower Parent with a view to agreeing with the Borrower Parent such changes to the operation or administration of the Facility Facilities as the Agent may deem necessary in the circumstances; (b) the Agent shall not be obliged to consult with the Borrower Parent in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Facilities Agreement (Enstar Group LTD)

Disruption to Payment Systems etc. If either the Paying Agent determines (in its reasonable discretion) that a Disruption Event has occurred or the Paying Agent is notified by the Borrower that a Disruption Event has occurred: (a) the Paying Agent may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Paying Agent may deem necessary in the circumstances; (b) the Paying Agent shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Paying Agent may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Senior Facility Agreement (Spansion Inc.)

Disruption to Payment Systems etc. If either the Agent Lender determines (in its discretion) that a Disruption Event has occurred or the Agent Lender is notified by the Borrower that a Disruption Event has occurred: (a) the Agent Lender may, and shall if requested to do so by the Borrower, consult with the Borrower with a view to agreeing with the Borrower such changes to the operation or administration of the Facility as the Agent Lender may deem necessary in the circumstances; (b) the Agent Lender shall not be obliged to consult with the Borrower in relation to any changes mentioned in paragraph (a) above if, in its opinion, it is not practicable to do so in the circumstances and, in any event, shall have no obligation to agree to such changes; (c) the Agent Lender may consult with the Finance Parties in relation to any changes mentioned in paragraph (a) above but shall not be obliged to do so if, in its opinion, it is not practicable to do so in the circumstances;

Appears in 1 contract

Samples: Secured Revolving Facility Agreement (Klondex Mines LTD)

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