Form of Demand. (a) Each Demand must be in the form set out in Schedule 2 (Form of a Demand) and must clearly set out: (i) the basis of the Demand including the calculation of the Guaranteed Amount; (ii) the Guarantor Default Interest Amount (if any), and (iii) all relevant evidence, information and documentation in support of the Demand as is reasonably necessary to evidence in reasonable detail the occurrence of the Non- Payment Event, the amounts unpaid and the payment due from CGIF in respect of the relevant Guaranteed Amount. (b) No Demand (other than a Demand under Clause 5.3(a)) may include any portion of a Guaranteed Amount or a Guarantor Default Interest Amount that is or was the subject of another Demand. (c) If a Demand is not: (i) in the proper form (as set out in Schedule 2 (Form of a Demand)); (ii) on its face properly completed, executed or delivered; or (iii) supported by the necessary evidence or other information or documentation referred to in paragraph (a) above, it will be deemed not to have been received by CGIF. CGIF shall, as soon as reasonably practicable, notify the Guaranteed Party if it considers this to be the case, and advise the Guaranteed Party of its requirements, so that the Guaranteed Party is able to prepare and submit a revised Demand to CGIF within the Demand Period.
Appears in 2 contracts
Samples: Guarantee Agreement, Debentureholders’ Representative Appointment Agreement
Form of Demand. (a) Each Demand must be in the form set out in Schedule 2 (Form of a Demand) and must clearly set out:
(i) the basis of the Demand including the calculation of the Guaranteed Amount;
(ii) the Guarantor Default Interest Amount (if any), and
(iii) all relevant evidence, information and documentation in support of the Demand as is reasonably necessary to evidence in reasonable detail the occurrence of the Non- Payment Event, the amounts unpaid and the payment due from CGIF in respect of the relevant Guaranteed Amount.
(b) No Demand (other than a Demand under Clause 5.3(a) (Demand upon a Guaranteed Party Acceleration)) may include any portion of a Guaranteed Amount or a Guarantor Default Interest Amount that is or was the subject of another Demand.
(c) If a Demand is not:
(i) in the proper form (as set out in Schedule 2 (Form of a Demand));
(ii) on its face properly completed, executed or delivered; or
(iii) supported by the necessary evidence or other information or documentation referred to in paragraph (a) above, it will be deemed not to have been received by CGIF. CGIF shall, as soon as reasonably practicablepracticable (acting in good faith), notify the Guaranteed Party if it considers this to be the case, and advise the Guaranteed Party of its requirements, so that the Guaranteed Party is able to prepare and submit a revised Demand to CGIF within the Demand PeriodPeriod (subject to CGIF having received the original Demand within a reasonable timeframe to allow CGIF to do so).
Appears in 1 contract
Samples: Guarantee Agreement
Form of Demand. (a) Each Demand must be in the form set out in Schedule 2 (Form of a Demand) and must clearly set out:
(i) the basis of the Demand including the calculation of the Guaranteed Amount;
(ii) the Guarantor Default Interest Amount (if any), and
(iii) all relevant evidence, information and documentation in support of the Demand as is reasonably necessary to evidence in reasonable detail the occurrence of the Non- Payment Event, the amounts unpaid and the payment due from CGIF in respect of the relevant Guaranteed Amount.
(b) No Demand (other than a Demand under Clause 5.3(a)) may include any portion of a Guaranteed Amount or a Guarantor Default Interest Amount that is or was the subject of another Demand.
(c) If a Demand is not:
(i) in the proper form (as set out in Schedule 2 (Form of a Demand));
(ii) on its face properly completed, executed or delivered; or
(iii) supported by the necessary evidence or other information or documentation referred to in paragraph (a) above, it will be deemed not to have been received by CGIF. CGIF shall, as soon as reasonably practicable, notify the Guaranteed Party if it considers this to be the case, and advise the Guaranteed Party of its requirements, so that the Guaranteed Party is able to prepare and submit a revised Demand to CGIF within the Demand Period.
Appears in 1 contract
Samples: Guarantee Agreement
Form of Demand. (a) Each Demand must be in the form set out in Schedule 2 1 (Form of a Demand) and must clearly set out:
(i) the basis of the Demand including the calculation of the Guaranteed Amount;
(ii) the Guarantor Default Interest Amount (if any), and
(iii) all relevant evidence, information and documentation in support of the Demand as is reasonably necessary to evidence in reasonable detail the occurrence of the Non- Non-Payment Event, the amounts unpaid and the payment due from CGIF in respect of the relevant Guaranteed Amount.
(b) No Demand (other than a Demand under Clause 5.3(a)) may include any portion of a Guaranteed Amount or a Guarantor Default Interest Amount that is or was the subject of another Demand.
(c) If a Demand is not:
(i) in the proper form (as set out in Schedule 2 1 (Form of a Demand));
(ii) on its face properly completed, executed or delivered; or
(iii) supported by the necessary evidence or other information or documentation referred to in paragraph (a) above, it will be deemed not to have been received by CGIF. CGIF shall, as soon as reasonably practicable, notify the Guaranteed Party if it considers this to be the case, and advise the Guaranteed Party of its requirements, so that the Guaranteed Party is able to prepare and submit a revised Demand to CGIF within the Demand Period.
Appears in 1 contract
Samples: Guarantee Agreement
Form of Demand. (a) Each Demand must be in the form set out in Schedule 2 (Form of a Demand) and must clearly set out:
(i) the basis of the Demand including the calculation of the Guaranteed Amount;
(ii) the Guarantor Default Interest Amount (if any), and
(iii) all relevant evidence, information and documentation in support of the Demand as is reasonably necessary to evidence in reasonable detail the occurrence of the Non- Payment Event, the amounts unpaid and the payment due from CGIF in respect of the relevant Guaranteed Amount.
(b) No Demand (other than a Demand under Clause 5.3(a)) may include any portion of a Guaranteed Amount or a Guarantor Default Interest Amount that is or was the subject of another Demand.
(c) If a Demand is not:
(i) in the proper form (as set out in Schedule 2 (Form of a Demand));
(ii) on its face properly completed, executed or delivered; or
(iii) supported by the necessary evidence or other information or documentation referred to in paragraph (a) above, it will be deemed not to have been received by CGIF. CGIF shall, as soon as reasonably practicable, notify the Guaranteed Party if it considers this to be the case, and advise the Guaranteed Party of its requirements, so that the Guaranteed Party is able to prepare and submit a revised Demand to CGIF within the Demand Period.
Appears in 1 contract
Samples: Guarantee Agreement
Form of Demand. (a) Each Demand must be in the form set out in Schedule 2 (Form of a Demand) and must clearly set out:
(i) the basis of the Demand including the calculation of the Guaranteed Amount;
(ii) the Guarantor Default Interest Amount (if any), and
(iii) all relevant evidence, information and documentation in support of the Demand as is reasonably necessary to evidence in reasonable detail the occurrence of the Non- Payment Event, the amounts unpaid and the payment due from CGIF in respect of the relevant Guaranteed Amount.
(b) No Demand (other than a Demand under Clause 5.3(a) (Demand upon a Guaranteed Party Acceleration)) may include any portion of a Guaranteed Amount or a Guarantor Default Interest Amount that is or was the subject of another Demand.
(c) If a Demand is not:
(i) in the proper form (as set out in Schedule 2 (Form of a Demand));
(ii) on its face properly completed, executed or delivered; or
(iii) supported by the necessary evidence or other information or documentation referred to in paragraph (a) above, it will be deemed not to have been received by CGIF. CGIF shall, as soon as reasonably practicable, notify the Guaranteed Party if it considers this to be the case, and advise the Guaranteed Party of its requirements, so that the Guaranteed Party is able to prepare and submit a revised Demand to CGIF within the Demand Period.
Appears in 1 contract
Samples: Guarantee Agreement