Common use of During the Certain Funds Period Clause in Contracts

During the Certain Funds Period. and notwithstanding any other Clause in this Agreement (save in circumstances where, pursuant to paragraph (a) above, a Lender is not obliged to comply with Clause 5.4 (Lenders' participation) or where a Lender has notified the Agent of an illegality event pursuant to Clause 7.1 (Illegality) (provided that, in relation to Clause 7.1 (Illegality), (A) reference to "(or it becomes unlawful for any Affiliate of a Lender for that Lender to do so)" shall not apply for the purpose of this Clause 4.4, and (B) occurrence of such event in respect of any Lender will not release any other Lender from its obligations under this Clause 4.4), none of the Finance Parties shall be entitled to: (i) cancel any of its Commitments to the extent to do so would prevent or limit the making of a Certain Funds Utilisation; (ii) rescind, terminate or cancel this Agreement or the Facility or exercise any similar right or remedy or make or enforce any claim under the Finance Documents it may have to the extent to do so would prevent or limit the making of a Certain Funds Utilisation; (iii) refuse to participate in the making of a Certain Funds Utilisation; (iv) exercise any right of set-off or counterclaim in respect of a Certain Funds Utilisation; (v) cancel, accelerate or cause repayment or prepayment of any amounts owing under this Agreement or under any other Finance Document to the extent to do so would prevent or limit the making of a Certain Funds Utilisation or would require the repayment or prepayment of a Certain Funds Utilisation; or (vi) take any action or make or enforce any claim to the extent such action or claim or enforcement would directly or indirectly prevent or limit the making of a Certain Funds Utilisation, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements shall be available to the Finance Parties notwithstanding that they may not have been used or made available for use during the Certain Funds Period.

During the Certain Funds Period. and notwithstanding any other Clause in this Agreement (save in circumstances where, pursuant to paragraph (a) above, a Lender is not obliged to comply with Clause 5.4 (Lenders' participationmake a Certain Funds Credit Extension hereunder) or where a and subject as provided in Section 3.02, no Lender has notified the Agent of an illegality event pursuant to Clause 7.1 (Illegality) (provided that, in relation to Clause 7.1 (Illegality), (A) reference to "(or it becomes unlawful for any Affiliate of a Lender for that Lender to do so)" shall not apply for the purpose of this Clause 4.4, and (B) occurrence of such event in respect of any Lender will not release any other Lender from its obligations under this Clause 4.4), none of the Finance Parties shall be entitled to: (i) cancel any of its Commitments to the extent to do so would prevent or limit the making of a Certain Funds UtilisationCommitments; (ii) rescind, terminate or cancel this Agreement or the Facility or exercise any similar right or remedy or make or enforce any claim under the Finance Loan Documents it may have to the extent to do so would prevent or limit the making in respect of a Certain Funds UtilisationCredit Extension or its Certain Funds Commitment; (iii) refuse to participate in the making of a Certain Funds UtilisationCredit Extension; (iv) exercise any right of set-off or counterclaim in respect of a Certain Funds Utilisation;Credit Extension; or (v) cancel, accelerate or cause or require any reduction, repayment or prepayment of any commitment, loan or amounts owing under this Agreement or under any other Finance Loan Document, in each case solely in respect of a Certain Funds Credit Extension or the Certain Funds Commitments; or (vi) take any other action or make or enforce any claim or exercise any rights, entitlements or remedies it may have against any Loan Party or under the terms of any Loan Document to the extent that to do so would would, directly or indirectly, reduce the Certain Funds Sublimit (or reduce the Commitments below the Certain Funds Sublimit), alter the conditions to drawing of the Certain Funds Commitment or Certain Funds Credit Extension in a manner that is adverse to the Company or prevent or limit the making of a Certain Funds Utilisation or would require the repayment or prepayment of a Certain Funds UtilisationCredit Extension; or (vi) take any action or make or enforce any claim to the extent such action or claim or enforcement would directly or indirectly prevent or limit the making of a Certain Funds Utilisation, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements shall be available to the Finance Parties Lenders notwithstanding that they may not have been used or made been available for use during the Certain Funds Period.

During the Certain Funds Period. and notwithstanding any other Clause in this Agreement (save in circumstances where, pursuant to paragraph (a) above, a Lender is not obliged to comply with Clause 5.4 (Lenders' participationmake a Certain Funds Credit Extension hereunder) or where a and subject as provided in Section 3.02, no Lender has notified the Agent of an illegality event pursuant to Clause 7.1 (Illegality) (provided that, in relation to Clause 7.1 (Illegality), (A) reference to "(or it becomes unlawful for any Affiliate of a Lender for that Lender to do so)" shall not apply for the purpose of this Clause 4.4, and (B) occurrence of such event in respect of any Lender will not release any other Lender from its obligations under this Clause 4.4), none of the Finance Parties shall be entitled to: (i) cancel any of its Commitments to the extent to do so would prevent or limit the making of a Certain Funds UtilisationCommitments; (ii) rescind, terminate or cancel this Agreement or the Facility or exercise any similar right or remedy or make or enforce any claim under the Finance Documents it may have to the extent to do so would prevent or limit the making of a Certain Funds UtilisationLoan Documents; (iii) refuse to participate in the making of a Certain Funds UtilisationCredit Extension; (iv) exercise any right of set-off or counterclaim in respect of a Certain Funds Utilisation;Credit Extension; or (v) cancel, accelerate or cause or require any reduction (other than any reduction required pursuant to the terms of this Agreement), repayment or prepayment of any commitment, loan or amounts owing under this Agreement or under any other Finance Document Loan Document; or (vi) take any other action or make or enforce any claim or exercise any rights it may have against any Loan Party to the extent to do so would would, directly or indirectly, prevent or limit the making of a Certain Funds Utilisation or would require the repayment or prepayment of a Certain Funds Utilisation; or (vi) take any action or make or enforce any claim to the extent such action or claim or enforcement would directly or indirectly prevent or limit the making of a Certain Funds UtilisationCredit Extension, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements shall be available to the Finance Parties Lenders notwithstanding that they may not have been used or made been available for use during the Certain Funds Period.

During the Certain Funds Period. and notwithstanding any other Clause in this Agreement (save in respect of a Lender in circumstances where, pursuant to where one of the requirements described in paragraph (aa)(i) to (a)(iii) (inclusive) above is not satisfied (which, in respect of paragraph (a)(ii) above, a shall allow the relevant Lender to take such action in respect of itself only (and only to the extent required to rectify such unlawfulness) and shall not permit any other Finance Parties to take such action) and accordingly that Xxxxxx is not obliged to comply with Clause 5.4 (Lenders' participation) or where a Lender has notified the Agent of an illegality event pursuant to Clause 7.1 (Illegality) (provided that, in relation to Clause 7.1 (Illegality), (A) reference to "(or it becomes unlawful for any Affiliate of a Lender for that Lender to do so)" shall not apply for the purpose of this Clause 4.4, and (B) occurrence of such event in respect of any Lender will not release any other Lender from its obligations under this Clause 4.4), none of the Finance Parties shall be entitled to: (i) cancel any of its Commitments to the extent to do so would prevent or limit the making of a Certain Funds UtilisationCommitments; (ii) rescind, terminate or cancel this Agreement or any of the Facility Facilities or exercise any similar right or remedy or make or enforce any claim under the Finance Documents it may have to the extent to do so would directly or indirectly prevent or limit the making of a Certain Funds Utilisation; (iii) subject to Clause 4.1 (Initial conditions precedent), refuse to participate in the making of a Certain Funds Utilisation; (iv) exercise any right of set-off or counterclaim or similar right or remedy in respect of a Utilisation to the extent to do so would prevent or limit the making of a Certain Funds Utilisation; (v) cancel, accelerate or cause repayment or prepayment of any amounts owing under this Agreement or under any other Finance Document or exercise any enforcement rights under any Transaction Security Document to the extent to do so would prevent or limit the making of a Certain Funds Utilisation or would require the repayment or prepayment of a Certain Funds Utilisation; or (vi) take any other action or make or enforce any claim (in its capacity as a Lender) to the extent that such action or action, claim or enforcement would directly or indirectly prevent or limit the making of a Certain Funds Utilisation, provided that immediately upon the expiry of the Certain Funds Period all such rights, remedies and entitlements in respect of an Event of Default which is continuing shall be available to the Finance Parties notwithstanding that they may not have been used or made been available for use during the Certain Funds Period.. 56 Project Meria: Senior Facilties Agreement