Common use of Impaired Facility Agent Clause in Contracts

Impaired Facility Agent. (a) If, at any time, the Facility Agent becomes an Impaired Facility Agent, an Obligor or a Lender which is required to make a payment under the Finance Documents to the Facility Agent in accordance with Clause 29.1 (Payments to the Facility Agent) may instead either pay that amount direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Obligor or the Lender making the payment and designated as a trust account for the benefit of the Party or Parties beneficially entitled to that payment under the Finance Documents. In each case such payments must be made on the due date for payment under the Finance Documents.

Impaired Facility Agent. (a) If, at any time, the Facility Agent becomes an Impaired Facility Agent, an Obligor the Company or a Lender Bank which is required to make a payment under the Finance Financing Documents to the Facility Agent in accordance with this Clause 29.1 11 (Payments to the Facility AgentPayments) may instead either pay that amount direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Obligor Company or the Lender Bank making the payment and designated as a trust account for the benefit of the Party or Parties beneficially entitled to that payment under the Finance Financing Documents. In each case such payments must be made on the due date for payment under the Finance Financing Documents.