Common use of Duties of the Facility Administrator Clause in Contracts

Duties of the Facility Administrator. (a) Subject to paragraph (b) below, each Finance Party (with the exception of the Facility Administrator) instructs the Facility Administrator, while the Facility Administrator agrees, to perform the following actions: (i) keep records of the Cash provided to the Borrower by each of the Lenders in accordance with this Agreement; (ii) receive any payments due to the Finance Parties from the Obligors under this Agreement into the Facility Administrator’s Account, and transfer the amounts received from the Obligors to the relevant Finance Party in accordance with the terms of this Agreement; (iii) receive any Facility amounts from the Lenders into the Facility Administrator’s Account, and transfer the Facility amounts received from the Lenders to the Borrowers in accordance with the terms of this Agreement; (iv) notify the Borrowers and Lenders about the interest rate for each Interest Period; (v) sign, on behalf of all the Finance Parties, amendments to this Agreement, as well as any consents, confirmations, waivers and other documents contemplated by this Agreement, on the terms agreed in the Consent of the Majority Lenders or all Lenders, depending on the nature of the changes, consents, confirmations, waivers or other documents; (vi) inform the Lenders of the Borrowers’ fulfilment (or non-fulfilment) of the conditions precedent for submitting a Utilisation Request under this Agreement; (vii) provide the Parties and (or) other persons contemplated under this Agreement with documents and information received from the Borrowers and third parties (including, inter alia, sending to the relevant Party an original or a copy of any document received by the Facility Administrator from any other Party to be forwarded to this Party), however the Facility Administrator is not obliged to examine or verify the correctness, accuracy or completeness of such documents and information; (viii) notify the Finance Parties of the receipt of a communication from any Party containing a description of an event or circumstance and a statement to the effect that such an event or circumstance constitutes Default; (ix) inform the Lenders that the Facility Administrator has received a Borrower’s request for a waiver under this Agreement; (x) arrange the granting of Consents by the Majority Lenders or all Lenders at its own initiative or at the request of the Majority Lenders; (xi) keep a register of all Parties (with the addresses, contact details of all Lenders at any time and the Proportional Share of each Lender) and provide a copy of this register for information purposes upon the request of any Party; (xii) notify the Lenders if an Obligor has failed to pay any amount of the Facility Outstanding, interest, fees or other amounts payable to any Finance Party (other than the Facility Administrator) under the Finance Documents; (xiii) in the event of the Facility Administrator’s resignation, transfer to the New Facility Administrator (defined in Clause 23.4 (d) (Resignation of the Facility Administrator) all documents received by the Facility Administrator from the Parties, or created by the Facility Administrator in the process of fulfilling its duties; and (xiv) perform all other actions (or refrain from actions) which are contemplated by this Agreement and other Finance Documents or are required for the Lenders to exercise their rights under this Agreement or other Finance Documents after having obtained the relevant Consent of the Majority Lenders or all Lenders, depending on the circumstances. (b) The Facility Administrator has the right not to exercise any rights and authority granted in accordance with this Clause 23.3 (a) if the Consent of the Majority Lenders or all Lenders is required to exercise such rights and authority in accordance with the terms of this Agreement, and the Facility Administrator had not received such Consent of the Majority Lenders or all Lenders in the manner prescribed by this Agreement.

Duties of the Facility Administrator. (a) 24.3.1 Subject to paragraph (b) belowClause 24.3.2, each Finance Party (with the exception of the Facility Administrator) instructs the Facility Administrator, while the Facility Administrator agrees, to perform the following actions: (iA) keep records of the Cash provided to the Borrower by each of the Lenders in accordance with this Agreement; (iiB) receive any payments due to the Finance Parties from the Obligors under this Agreement into the Facility Administrator’s 's Account, and transfer the amounts received from the Obligors to the relevant Finance Party in accordance with the terms of this Agreement; (iiiC) receive any Facility amounts from the Lenders into the Facility Administrator’s 's Account, and transfer the Facility amounts received from the Lenders to the Borrowers Borrower in accordance with the terms of this Agreement; (ivD) notify the Borrowers Borrower and Lenders about the interest rate for each Interest Period; (vE) sign, on behalf of all the Finance Parties, amendments to this Agreement, as well as any consents, confirmations, waivers and other documents contemplated by this Agreement, on the terms agreed in the Consent of the Majority Lenders or all Lenders, depending on the nature of the changes, consents, confirmations, waivers or other documents; (viF) inform the Lenders of the Borrowers’ Borrower's fulfilment (or non-fulfilment) of the conditions precedent for submitting a Utilisation Request under this Agreement; (viiG) provide the Parties and (or) other persons contemplated under this Agreement with documents and information received from the Borrowers Borrower and third parties (including, inter alia, sending to the relevant Party an original or a copy of any document received by the Facility Administrator from any other Party to be forwarded to this Party), however the Facility Administrator is not obliged to examine or verify the correctness, accuracy or completeness of such documents and information;; ​ (viiiH) notify the Finance Parties of the receipt of a communication from any Party containing a description of an event or circumstance and a statement to the effect that such an event or circumstance constitutes Default; (ixI) inform the Lenders that the Facility Administrator has received a the Borrower’s 's request for a waiver under this Agreement; (xJ) arrange the granting of Consents by the Majority Lenders or all Lenders at its own initiative or at the request of the Majority Lenders; (xiK) keep a register of all Parties (with the addresses, contact details of all Lenders at any time and the Proportional Share of each Lender) and provide a copy of this register for information purposes upon the request of any Party; (xiiL) notify the Lenders if an Obligor has failed to pay any amount of the Facility Outstanding, interest, fees or other amounts payable to any Finance Party (other than the Facility Administrator) under the Finance Documents; (xiiiM) in the event of the Facility Administrator’s 's resignation, transfer to the New Facility Administrator (defined in Clause 23.4 (d) (Resignation of the Facility Administrator24.4.4) all documents received by the Facility Administrator from the Parties, or created by the Facility Administrator in the process of fulfilling its duties; and (xivN) perform all other actions (or refrain from actions) which are contemplated by this Agreement and other Finance Documents or are required for the Lenders to exercise their rights under this Agreement or other Finance Documents after having obtained the relevant Consent of the Majority Lenders or all Lenders, depending on the circumstances. (b) 24.3.2 The Facility Administrator has the right not to exercise any rights and authority granted in accordance with this Clause 23.3 (a) 24.3.1 if the Consent of the Majority Lenders or all Lenders is required to exercise such rights and authority in accordance with the terms of this Agreement, and the Facility Administrator had not received such Consent of the Majority Lenders or all Lenders in the manner prescribed by this Agreement.

Duties of the Facility Administrator. (a) 24.3.1 Subject to paragraph (b) belowClause 24.3.2, each Finance Party (with the exception of the Facility Administrator) instructs the Facility Administrator, while the Facility Administrator agrees, to perform the following actions: (iA) keep records of the Cash provided to the Borrower by each of the Lenders in accordance with this Agreement;; ​ (iiB) receive any payments due to the Finance Parties from the Obligors under this Agreement into the Facility Administrator’s 's Account, and transfer the amounts received from the Obligors to the relevant Finance Party in accordance with the terms of this Agreement; (iiiC) receive any Facility amounts from the Lenders into the Facility Administrator’s 's Account, and transfer the Facility amounts received from the Lenders to the Borrowers Borrower in accordance with the terms of this Agreement; (ivD) notify the Borrowers Borrower and Lenders about the interest rate for each Interest Period; (vE) sign, on behalf of all the Finance Parties, amendments to this Agreement, as well as any consents, confirmations, waivers and other documents contemplated by this Agreement, on the terms agreed in the Consent of the Majority Lenders or all Lenders, depending on the nature of the changes, consents, confirmations, waivers or other documents; (viF) inform the Lenders of the Borrowers’ Borrower's fulfilment (or non-fulfilment) of the conditions precedent for submitting a Utilisation Request under this Agreement; (viiG) provide the Parties and (or) other persons contemplated under this Agreement with documents and information received from the Borrowers Borrower and third parties (including, inter alia, sending to the relevant Party an original or a copy of any document received by the Facility Administrator from any other Party to be forwarded to this Party), however the Facility Administrator is not obliged to examine or verify the correctness, accuracy or completeness of such documents and information; (viiiH) notify the Finance Parties of the receipt of a communication from any Party containing a description of an event or circumstance and a statement to the effect that such an event or circumstance constitutes Default; (ixI) inform the Lenders that the Facility Administrator has received a the Borrower’s 's request for a waiver under this Agreement; (xJ) arrange the granting of Consents by the Majority Lenders or all Lenders at its own initiative or at the request of the Majority Lenders; (xiK) keep a register of all Parties (with the addresses, contact details of all Lenders at any time and the Proportional Share of each Lender) and provide a copy of this register for information purposes upon the request of any Party; (xiiL) notify the Lenders if an Obligor has failed to pay any amount of the Facility Outstanding, interest, fees or other amounts payable to any Finance Party (other than the Facility Administrator) under the Finance Documents; (xiiiM) in the event of the Facility Administrator’s 's resignation, transfer to the New Facility Administrator (defined in Clause 23.4 (d) (Resignation of the Facility Administrator24.4.4) all documents received by the Facility Administrator from the Parties, or created by the Facility Administrator in the process of fulfilling its duties; and (xivN) perform all other actions (or refrain from actions) which are contemplated by this Agreement and other Finance Documents or are required for the Lenders to exercise their rights under this Agreement or other Finance Documents after having obtained the relevant Consent of the Majority Lenders or all Lenders, depending on the circumstances. (b) 24.3.2 The Facility Administrator has the right not to exercise any rights and authority granted in accordance with this Clause 23.3 (a) 24.3.1 if the Consent of the Majority Lenders or all Lenders is required to exercise such rights and authority in accordance with the terms of this Agreement, and the Facility Administrator had not received such Consent of the Majority Lenders or all Lenders in the manner prescribed by this Agreement.such

Duties of the Facility Administrator. (a) 24.3.1 Subject to paragraph (b) belowClause 24.3.2, each Finance Party (with the exception of the Facility Administrator) instructs the Facility Administrator, while the Facility Administrator agrees, to perform the following actions: (iA) keep records of the Cash provided to the Borrower by each of the Lenders in accordance with this Agreement; (iiB) receive any payments due to the Finance Parties from the Obligors under this Agreement into the Facility Administrator’s 's Account, and transfer the amounts received from the Obligors to the relevant Finance Party in accordance with the terms of this Agreement; (iiiC) receive any Facility amounts from the Lenders into the Facility Administrator’s 's Account, and transfer the Facility amounts received from the Lenders to the Borrowers Borrower in accordance with the terms of this Agreement; (ivD) notify the Borrowers Borrower and Lenders about the interest rate for each Interest Period; (vE) sign, on behalf of all the Finance Parties, amendments to this Agreement, as well as any consents, confirmations, waivers and other documents contemplated by this Agreement, on the terms agreed in the Consent of the Majority Lenders or all Lenders, depending on the nature of the changes, consents, confirmations, waivers or other documents; (viF) inform the Lenders of the Borrowers’ Borrower's fulfilment (or non-fulfilment) of the conditions precedent for submitting a Utilisation Request under this Agreement; (viiG) provide the Parties and (or) other persons contemplated under this Agreement with documents and information received from the Borrowers Borrower and third parties (including, inter alia, sending to the relevant Party an original or a copy of any document received by the Facility Administrator from any other Party to be forwarded to this Party), however the Facility Administrator is not obliged to examine or verify the correctness, accuracy or completeness of such documents and information; ; ​ (viiiH) notify the Finance Parties of the receipt of a communication from any Party containing a description of an event or circumstance and a statement to the effect that such an event or circumstance constitutes Default; (ixI) inform the Lenders that the Facility Administrator has received a the Borrower’s 's request for a waiver under this Agreement; (xJ) arrange the granting of Consents by the Majority Lenders or all Lenders at its own initiative or at the request of the Majority Lenders; (xiK) keep a register of all Parties (with the addresses, contact details of all Lenders at any time and the Proportional Share of each Lender) and provide a copy of this register for information purposes upon the request of any Party; (xiiL) notify the Lenders if an Obligor has failed to pay any amount of the Facility Outstanding, interest, fees or other amounts payable to any Finance Party (other than the Facility Administrator) under the Finance Documents; (xiiiM) in the event of the Facility Administrator’s 's resignation, transfer to the New Facility Administrator (defined in Clause 23.4 (d) (Resignation of the Facility Administrator24.4.4) all documents received by the Facility Administrator from the Parties, or created by the Facility Administrator in the process of fulfilling its duties; and (xivN) perform all other actions (or refrain from actions) which are contemplated by this Agreement and other Finance Documents or are required for the Lenders to exercise their rights under this Agreement or other Finance Documents after having obtained the relevant Consent of the Majority Lenders or all Lenders, depending on the circumstances. (b) 24.3.2 The Facility Administrator has the right not to exercise any rights and authority granted in accordance with this Clause 23.3 (a) 24.3.1 if the Consent of the Majority Lenders or all Lenders is required to exercise such rights and authority in accordance with the terms of this Agreement, and the Facility Administrator had not received such Consent of the Majority Lenders or all Lenders in the manner prescribed by this Agreement.