Facility Agent’s on Clause Samples

Facility Agent’s on going costs (a) If: (i) a Default occurs; or (ii) the Facility Agent is requested by the Company or the Majority Lenders to undertake duties which the Facility Agent and the Company agree to be of an exceptional nature or outside the scope of the normal duties of the Facility Agent under the Finance Documents, the Company must pay to the Facility Agent any additional remuneration which may be agreed between them. (b) If the Facility Agent and the Company fail to agree: (i) whether the duties are of an exceptional nature or outside the scope of the normal duties of the Facility Agent; or (ii) the appropriate amount of any additional remuneration, the dispute will be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Facility Agent and approved by the Company. (c) If the Company does not approve the investment bank selected by the Facility Agent, the dispute will be determined by an investment bank nominated (on application by the Facility Agent) by the President for the time being of the Law Society of Hong Kong. (d) The Company must pay the costs of nomination and of the investment bank. (e) The determination of any investment bank will be final and binding on the Parties.
View Source

Related to Facility Agent’s on

  • Administrative Agents Clawback Section 12.01 Administrative Agent’s Claw back

  • Administrative Agent’s Fee The Borrower shall pay to the Administrative Agent for its own account fees in the amounts and at the times previously agreed upon between the Borrower and the Administrative Agent.

  • Administrative Agent’s Office The Administrative Agent hereby designates its office located at the address set forth above, or any subsequent office which shall have been specified for such purpose by written notice to the Borrower and Lenders, as the Administrative Agent’s Office referred to herein, to which payments due are to be made and at which Loans will be disbursed and Letters of Credit requested.

  • Administrative Agent’s Fees The Borrower shall pay to the Administrative Agent for its own account fees in the amounts and at the times previously agreed upon between the Borrower and the Administrative Agent.

  • Administrative Agent Fee The Borrower agrees to pay to the Administrative Agent, for its own account, the fees set forth in the Agency Fee Letter and such other fees payable in the amounts and at the times separately agreed upon between the Borrower and the Administrative Agent.