LATE RESPONSES. In any case where a Bank fails to respond within the time limit set down under clauses 23.2 or 23.3, such Bank's response, if it responds before any determination or instruction is acted upon or communicated to any Obligor, will be taken into account as if it had been received within the time limit Provided that the Facility Agent has received actual notice of such response before any such action or communication.
Appears in 3 contracts
Samples: Facilities Agreement (Texas Utilities Electric Co), Facilities Agreement (Texas Utilities Co /Tx/), Facilities Agreement (Tu Acquisitions PLC)
LATE RESPONSES. In any case where a Bank fails to respond within the time limit set down under clauses 23.2 (Notice to Majority Banks) or 23.323.3 (Meaning of All Banks), such Bank's response, if it responds before any determination or instruction is acted upon or communicated to any Obligor, will be taken into account as if it had been received within the time limit Provided that the Facility Agent has received actual notice of such response before any such action or communication.
Appears in 2 contracts
Samples: Facilities Agreement (Texas Utilities Electric Co), Facilities Agreement (Txu Europe LTD)
LATE RESPONSES. In any case where a Bank fails to respond within the time limit set down under clauses 23.2 Clauses 26.4 (Notice to Majority Banks) or 23.326.5 (Meaning of all Banks), such Bank's response, if it responds before any determination or instruction is acted upon or communicated to any Obligor, will be taken into account as if it had been received within the time limit Provided provided that the Facility Agent has received actual notice of such response before any such action or communication.
Appears in 1 contract
Samples: Agreement (Txu Europe LTD)
LATE RESPONSES. In any case where a Bank fails to respond within the time limit set down under clauses 23.2 or 23.3, such Bank's response, if it responds before any determination or instruction is acted upon or communicated to any ObligorBorrower, will be taken into account as if it had been received within the time limit Provided that the Facility Agent has received actual notice of such response before any such action or communication.
Appears in 1 contract