Common use of Effect of cancellation and prepayment on scheduled repayments and reductions Clause in Contracts

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower cancels the whole or any part of the Commitments in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 (Right of cancellation in relation to a Defaulting Lender) or if the Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase)), the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower cancels the whole or any part of the Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or any part of the Commitments is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If the Loan is repaid or prepaid in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.2 (Increase), the amount of the repayment instalment for the Facility for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan repaid or prepaid. (d) If the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of the Loan), then the amount of the repayment instalment for each Repayment Date falling after that prepayment shall be reduced as the Borrower may direct. (e) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of the repayment instalment for each Repayment Date falling after that prepayment will reduce pro rata by the amount of the Loan prepaid.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower cancels the whole or any part of the Commitments in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 (Right of cancellation in relation to a Defaulting Lender) or if the Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase)), the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower cancels the whole or any part of the Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or any part of the Commitments is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If the Loan is repaid or prepaid in accordance with (i) Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) or (ii) sub-paragraph (B) of paragraph (a) of Clause 37.6 (Replacement of Lender) then, other than (in the case of (i)) to the extent that any part of the relevant Commitment is Commitments are subsequently increased pursuant to Clause 2.2 (Increase), the amount of the repayment instalment for the Facility Repayment Instalment for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan so repaid or prepaid. (db) If the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of the Loan), prepayment) then the amount of the repayment instalment Repayment Instalment for each Repayment Date falling after that prepayment shall be reduced in such manner as the Borrower may direct, provided that the aggregate amount of such reduction for all such Repayment Instalments shall not exceed the amount of that prepayment. (ec) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess CashflowProceeds), Clause 8.3 (Permitted Restructuring Proceeds), Clause 8.4 (Cure Amount), Clause 8.5 (Secondary Permitted Subsidiary Capital Raising Proceeds) or under paragraph (ca) or (b) of Clause 8.1 8.6 (Exit and FlotationRefund of Subscription Consideration), then the amount of such prepayment shall be applied against the repayment instalment for each Repayment Date Instalments falling due after that the date of such prepayment will reduce pro rata by the amount of the Loan prepaidin chronological order.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower cancels the whole or any part of the Commitments Exposures of Participating Creditors under the Facilities are prepaid in accordance with Clause 7.4 12.2 (Right Voluntary prepayment of cancellation Exposures), Clause 13.1 (Disposal, Permitted Fundraising and repayment Permitted Securitisation Proceeds and Excess Cashflow) (other than in relation to a single Lendersub-paragraph (b)(iv) thereof), Clause 13.3 (Mandatory prepayments: Certificados Bursatiles Reserve) or Clause 7.5 13.4 (Right of cancellation in relation to a Defaulting Lender) or if the Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase)Mandatory prepayments: Relevant Convertible/Exchangeable Obligations), then such prepayment will be deemed to have been applied in reduction of the amount of the repayment instalment Repayment Instalment for each the Repayment Date Dates falling after that cancellation will reduce pro rata by prepayment in reduction of the amount cancelledRepayment Instalments in the chronological order of those Repayment Instalments. (b) If the Borrower cancels the whole or any part of the Commitments Exposures of Participating Creditors under the Facilities are prepaid in accordance with sub-paragraph (b)(iv) of Clause 7.2 13.1 (Voluntary cancellation) or if the whole or any part Disposal, Permitted Fundraising and Permitted Securitisation Proceeds and Excess Cashflow), then such prepayment will be deemed to have been applied in reduction of the Commitments is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If the Loan is repaid or prepaid in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.2 (Increase), the amount of the repayment instalment Instalment for the Facility for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan repaid or prepaid. (d) If the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of the Loan), then the amount of the repayment instalment for each Repayment Date Dates falling after that prepayment shall be reduced as in the Borrower may direct.following order: (ei) If the Loan is prepaid first, in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount reduction of the repayment instalment for each Repayment Date Instalments falling after that due on or before 31 December 2011, in the chronological order of those Repayment Instalments; and (ii) secondly, following the prepayment will reduce in full of all Repayment Instalments falling due on or before 31 December 2011, in the pro rata by the amount reduction of the Loan prepaidall remaining Repayment Instalments.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower Obligors’ Agent cancels the whole or any part of the Facility A Commitments or Facility B Commitments in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 (Right of cancellation in relation to a Defaulting Lender) or if the Facility A Commitment or Facility B Commitment of any Lender is cancelled reduced under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase)), the amount of the repayment instalment Repayment Instalment in relation to the relevant Facility for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower Obligors’ Agent cancels the whole or any part of the Facility A Commitments or Facility B Commitments, in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or any part of the Commitments is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then the amount of the repayment instalment Repayment Instalment in relation to the relevant Facility for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If any of the Loan is repaid Facility A Loans or Facility B Loans are prepaid in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.2 (Increase), the amount of the repayment instalment for the Facility for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan repaid or prepaid. (d) If the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of the Loan), then the amount of the repayment instalment Repayment Instalment for each Repayment Date falling after that prepayment shall be reduced as the Borrower may direct. (e) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of the repayment instalment relevant Facility for each Repayment Date falling after that prepayment will reduce pro rata by the amount of the relevant Loan prepaid. (d) If any of the Facility A Loans or Facility B Loans are prepaid in accordance with Clause 7.3 (Voluntary prepayment of Loans) then the amount of the Repayment Instalment for each Repayment Date falling after that prepayment will reduce pro rata by the amount prepaid.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower Company cancels the whole or any part of the Commitments any Available Commitment in accordance with Clause 7.4 7.8 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 7.10 (Right of cancellation in relation to a Defaulting Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 (Mandatory prepayment - Illegality), Clause 7.2 (Mandatory prepayment – Change of Control), Clause 7.3 (Mandatory prepayment- Material Subsidiary Event of Default) or Clause 7.4 (Mandatory prepayment – Sanctions Etc.), then (other than, in any relevant case, to the extent that any part of the relevant Available Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase)), ) the amount of the repayment instalment Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower Company cancels the whole or any part of the Commitments any Available Commitment in accordance with Clause 7.2 7.6 (Voluntary cancellation) or if the whole or any part of the Commitments any Commitment is cancelled pursuant to Clause 5.6 7.8 (Automatic Cancellation) or Clause 7.5 (Mandatory Prepayment and Cancellation of Commitment) –Takeout Financing), then the amount of the repayment instalment Repayment Instalment for each Repayment Date falling after that cancellation will reduce pro rata in chronological order by the amount cancelled. (c) If the any Loan is repaid or prepaid in accordance with Clause 7.4 7.8 (Right of cancellation and repayment in relation to a single Lender), Clause 7.1 (Mandatory prepayment - Illegality), Clause 7.2 (Mandatory prepayment – Change of Control), Clause 7.3 (Mandatory prepayment- Material Subsidiary Event of Default) or Clause 7.1 7.4 (Illegality) thenMandatory prepayment – Sanctions Etc.), then (other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.2 (Increase), ) the amount of the repayment instalment Repayment Instalments for the Facility for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan repaid or prepaid. (d) If the any Loan is prepaid in accordance with Clause 7.3 7.7 (Voluntary prepayment of the Loanprepayment) or with Clause 7.5 (Mandatory Prepayment and Cancellation –Takeout Financing), then the amount of the repayment instalment for each Repayment Date falling after that prepayment shall be reduced as the Borrower may direct. (e) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of the repayment instalment Instalment for each Repayment Date falling after that prepayment will reduce pro rata in chronological order by the amount of the Loan prepaid.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower Obligors’ Agent cancels the whole or any part of the Commitments any Available Commitment in accordance with Clause 7.4 11.6 (Right of cancellation and repayment in relation to a single LenderLender or Issuing Bank) or Clause 7.5 11.7 (Right of cancellation in relation to a Defaulting Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 11.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Available Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase))) in respect of any Additional Facility Commitments or any Refinancing Facility Commitments, the amount of the repayment instalment Repayment Instalment (if any) for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower Obligors’ Agent cancels the whole or any part of the Commitments any Available Commitment in accordance with Clause 7.2 11.3 (Voluntary cancellation) or if the whole or any part of the Commitments any Commitment is cancelled pursuant to Clause 5.6 (Cancellation of CommitmentCommitments) then in the case of any Additional Facility Commitments or Refinancing Facility Commitments, the amount of the repayment instalment Repayment Instalment (if any) for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If the an Additional Facility Loan or Refinancing Facility Loan is repaid or prepaid in accordance with Clause 7.4 11.6 (Right of cancellation and repayment in relation to a single LenderLender or Issuing Bank) or Clause 7.1 11.1 (Illegality) then, other than to the extent that any part of the relevant Commitment is subsequently increased pursuant to Clause 2.2 (Increase), the amount of the repayment instalment Repayment Instalments for the each relevant Facility for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan relating to such Facility which is repaid or prepaid. (d) If the any Additional Facility Loan is or Refinancing Facility Loan are prepaid in accordance with Clause 7.3 11.4 (Voluntary prepayment of the Loan), Term Loans) then the amount of the repayment instalment Repayment Instalment for each Repayment Date falling after that prepayment shall be reduced as the Borrower may direct. (e) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of the repayment instalment relevant Facility for each Repayment Date falling after that prepayment will reduce pro rata in accordance with the allocation of such prepaid amounts against the Repayment Instalments as notified by the amount of the Loan prepaidObligors’ Agent in its sole discretion.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the a Borrower cancels the whole or any part of the Facility A Commitments in accordance with Clause 7.4 clause 10.3 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 (Right of cancellation in relation to a Defaulting Lender) or if the Commitment of any Lender is cancelled under Clause 7.1 (IllegalityVoluntary cancellation) then (other than, in any relevant case, to the extent that any part of the relevant Commitment(s) so cancelled is Commitments are subsequently increased pursuant to Clause clause 2.2 (Increase))) in the case of the Facility A Commitments, the amount of the repayment instalment Repayment Instalment for each Facility A Repayment Date falling after that cancellation will reduce pro rata in such manner as the relevant Borrower may specify by the amount cancelled. (b) If the Borrower cancels Facility A Commitment is reduced under clause 10.1 (Illegality), clause 10.6 (Right of cancellation and repayment in relation to a single Lender) or clause 10.7 (Right of cancellation in relation to a Defaulting Lender) then (other than, in any relevant case, to the whole or extent that any part of the relevant Commitments are subsequently increased pursuant to clause 2.2 (Increase)) in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or any part case of the Commitments is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then Facility A Commitments, the amount of the repayment instalment Repayment Instalment for each Facility A Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If any of the Loan is repaid or Facility A Loans are prepaid in accordance with Clause 7.4 clause 10.4 (Voluntary prepayment of Facility A Loans) or clause 10.5 (Voluntary prepayment of Revolving Facility Loans) then in the case of Facility A, the amount of the Repayment Instalment for each Facility A Repayment Date falling after that prepayment will reduce in such manner as the relevant Borrower may specify by the amount of the Facility A Loan prepaid. (d) If any of the Facility A Loans are prepaid in accordance with clause 10.1 (Illegality), clause 11.2 (Disposal and Insurance) or clause 10.6 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) then, other than to then in the extent that any part case of the relevant Commitment is subsequently increased pursuant to Clause 2.2 (Increase)Facility A, the amount of the repayment instalment for the Facility Repayment Instalment for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan repaid or prepaid. (d) If the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of the Loan), then the amount of the repayment instalment for each Repayment Date falling after that prepayment shall be reduced as the Borrower may direct. (e) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of the repayment instalment for each Facility A Repayment Date falling after that prepayment will reduce pro rata by the amount of the Facility A Loan prepaid.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower cancels the whole or any part of the Commitments in accordance with Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 (Right of cancellation in relation to a Defaulting Lender) or if the Commitment of any Lender is cancelled under Clause 7.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 (Increase)), the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower cancels the whole or any part of the Commitments in accordance with Clause 7.2 (Voluntary cancellation) or if the whole or any part of the Commitments is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (c) If the Loan is repaid or prepaid in accordance with (i) Clause 7.4 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 (Illegality) or (ii) sub-paragraph (B) of paragraph (a) of Clause 37.6 (Replacement of Lender) then, other than (in the case of (i)) to the extent that any part of the relevant Commitment is Commitments are subsequently increased pursuant to Clause 2.2 (Increase), the amount of the repayment instalment for the Facility Repayment Instalment for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Loan so repaid or prepaid. (db) If the Loan is prepaid in accordance with Clause 7.3 (Voluntary prepayment of the Loan), prepayment) then the amount of the repayment instalment Repayment Instalment for each Repayment Date falling after that prepayment shall be reduced in such manner as the Borrower may direct, provided that the aggregate amount of such reduction for all such Repayment Instalments shall not exceed the amount of that prepayment. (ec) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess CashflowProceeds), Clause 8.3 (Permitted Restructuring Proceeds), Clause 8.4 (Cure Amount), Clause 8.5 (Secondary Permitted Subsidiary Capital Raising Proceeds) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of such prepayment shall be applied first against the repayment instalment Repayment Instalments for each the next two Repayment Date Dates falling after that the date of such prepayment will reduce in chronological order and thereafter against the remaining Repayment Instalments on a pro rata by the amount of the Loan prepaidbasis.

Effect of cancellation and prepayment on scheduled repayments and reductions. (a) If the Borrower Company cancels the whole or any part of the Commitments Available Commitment in relation to the Term Facility in accordance with Clause 7.4 8.5 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.5 8.6 (Right of cancellation in relation to a Defaulting Lender) or if the Available Commitment of any Lender is cancelled under Clause 7.1 8.1 (Illegality) then (other than, in any relevant case, to the extent that any part of the relevant Available Commitment(s) so cancelled is subsequently increased pursuant to Clause 2.2 2.3 (Increase)), the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata by the amount cancelled. (b) If the Borrower Company cancels the whole or any part of the Commitments Available Commitment in relation to the Term Facility in accordance with Clause 7.2 8.3 (Voluntary cancellation) or if the whole or any part of the Commitments any Term Facility Commitment is cancelled pursuant to Clause 5.6 (Cancellation of Commitment) then the amount of the repayment instalment for each Repayment Date falling after that cancellation will reduce pro rata in inverse chronological order by the amount cancelled. (c) If the any Term Loan is repaid or prepaid in accordance with Clause 7.4 9.5 (Right of cancellation and repayment in relation to a single Lender) or Clause 7.1 8.1 (Illegality) then, other than to the extent that any part of the relevant Term Facility Commitment is subsequently increased pursuant to Clause 2.2 2.3 (Increase), the amount of the repayment instalment instalments for the Term Facility for each Repayment Date falling after that repayment or prepayment will reduce pro rata by the amount of the Term Loan repaid or prepaid. (d) If the any Term Loan is prepaid in accordance with Clause 7.3 8.4 (Voluntary prepayment Prepayment of the Loan), then the amount of the repayment instalment for each Repayment Date falling after that prepayment shall be reduced as the Borrower may direct. (eLoans) If the Loan is prepaid in accordance with Clause 8.2 (Disposal, Insurance and Recovery Proceeds and Excess Cashflow) or under paragraph (c) of Clause 8.1 (Exit and Flotation), then the amount of the repayment instalment for each Repayment Date falling after that prepayment will reduce pro rata in inverse chronological order by the amount of the Term Loan prepaid.