Common use of Linkage Clause in Contracts

Linkage. The Credit principal amounts, the Amount in Arrears (as defined in Section 10 below) and all Interest types may be fully: non-linked or index-linked, all as authorized by the Lenders through the Facility Agent, and as set forth in the Credit Requests. Whenever amounts payable to the Lenders on account of the Credit Amounts are Index-linked (hereinafter, the "Index-Linked Amounts"), the following linkage terms shall apply thereto: If it becomes evident that the New Index rose in comparison with the Base Index, the Company shall pay the Lenders the Index-Linked Amounts multiplied by the New Index and divided by the Base Index. If it becomes evident that the New Index did not rise or has fallen in comparison with the Base Index, the Company shall pay the Index-Linked Amounts without any linkage. If prior to a relevant repayment date a New Index which was to have been published prior to such date is not published, then, for the purpose of calculating linkage differentials, as set forth above, the "New Index" shall be the last Index published prior to the aforementioned repayment date (hereinafter, the "Temporary Index"). The Temporary Index shall be used for the purpose of calculating the aforementioned linkage differentials until the New Index is published (hereinafter, the "Index Published in Delay"). If it becomes evident that the Index Published in Delay has risen or fallen in comparison with the Temporary Index, the Company shall be charged or credited by the Lenders for the consequential difference, as applicable. If it becomes evident that the Index Published in Delay has not fallen or has risen in comparison with the Base Index, the Company shall pay the Index-Linked Amounts without any linkage. The Company undertakes to pay the Lenders the aforementioned linkage differentials.

Appears in 2 contracts

Samples: Credit Agreement (B Communications LTD), Credit Agreement (Internet Gold Golden Lines LTD)

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Linkage. The Credit principal amounts, the Amount All Loans in Arrears (as defined in Section 10 below) NIS and all Interest types may be fully: non-linked or index-linked, all as authorized by the Lenders through the Facility Agentthereon, and as set forth in the Credit Requests. Whenever amounts payable any other amount required to be linked to the Lenders Index under the Finance Documents, shall be linked to the Index in accordance with the following: (a) If on account of the Credit Amounts are Index-linked (hereinafterany Linkage Date, the "Index-Linked Amounts"), the following linkage terms shall apply thereto: If it becomes evident that the New Index rose shall have risen in comparison with to the Base CPI Index, the Company Borrower shall pay make all payments to the Lenders the Index-Linked Amounts Agent on such Linkage Date (whether in respect of principal, interest or any other amount payable in NIS hereunder), duly multiplied by the New Index and divided by the Base CPI Index. . (b) If it becomes evident that on any Linkage Date, the New Index did shall not rise have risen or has shall have fallen in comparison with to the Base CPI Index, the Company Borrower shall pay the Index-Linked Amounts effect payment in full of all such amounts payable hereunder at their stated values, without any linkage. reduction. (c) If prior the Index due to a relevant repayment date a New Index which was to have been be published prior to such date is preceding any Linkage Date, shall not publishedbe published for any reason before any Linkage Date, then, for then the purpose of calculating linkage differentials, as set forth above, the "New Index" ” with respect to any payment made on such Linkage Date, shall be mean, the last Index published prior to thereto, provided that such “New Index” shall serve as a provisional index until the aforementioned repayment date publication of the official New Index. (hereinafter, the "Temporary Index"). The Temporary Index shall be used for the purpose of calculating the aforementioned linkage differentials until d) If it transpires that the New Index is which shall have been published late and after the aforesaid Linkage Date, shall have risen in comparison to the Index which served as a provisional basis for making the aforesaid payments (hereinafteras in Clause 10 (c) provided above), then the Borrower shall pay to the Senior Lenders, the "Index Published in Delay")resulting differentials within five (5) Business Days from the date of publication of the New Index. If Final-January 2nd, 2011 Conversely, if it becomes evident transpires that the New Index Published in Delay has risen or which shall been published late and after the aforesaid Linkage Date, shall have fallen in comparison with to the Temporary IndexIndex which served as a provisional basis for making the aforesaid payments (as in Clause 10 (c) provided above), then the Senior Lenders shall pay to the Borrower the resulting differentials by way of set-off against the next payment due from the Borrower to the Senior Lenders. Notwithstanding the above, for the purposes of calculating any such differentials, the Company New Index taken into account shall be charged or credited by the Lenders for the consequential difference, as applicable. If it becomes evident that the Index Published in Delay has not fallen or has risen in comparison with fall below the Base CPI Index, the Company shall pay the Index-Linked Amounts without any linkage. The Company undertakes to pay the Lenders the aforementioned linkage differentials.

Appears in 1 contract

Samples: Facility Agreement (Kenon Holdings Ltd.)

Linkage. 11.1 The Credit principal amountsBase Rent and all NIS-denominated payments in this Agreement will be linked to changes to the Index, the Amount in Arrears (as defined above, provided that they are no less than the amount specified in Section 10 below) and all Interest types may be fully: non-linked or index-linked, all as authorized by this Agreement. If on the Lenders through the Facility Agent, and as set forth in the Credit Requests. Whenever amounts payable to the Lenders on account payment day of any part of the Credit Amounts are Index-linked Rent (hereinafter, : “Effective Date”) the "Index-Linked Amounts"), the following linkage terms shall apply thereto: If it becomes evident that the New Index rose in comparison with the Base Index, the Company shall pay the Lenders the Index-Linked Amounts multiplied by the New Index and divided by the Base Index. If it becomes evident that the New Index did not rise or has fallen in comparison with the Base Index, the Company shall pay the Index-Linked Amounts without any linkage. If prior to a relevant repayment date a New Index which was to have been published prior to such date is not published, then, for the purpose of calculating linkage differentials, as set forth above, the "New Index" shall be the last latest Index published prior to the aforementioned repayment date Effective Date (hereinafter: “New Index”) is higher than the Base Index on the date of the first payment of Linkage Differentials, or in any other case, higher than the previous Index in respect of which the Lessee was charged Linkage Differentials (hereinafter: “Last Index Charged”), the "Temporary Index")Lessee hereby undertakes to pay the Lessor such Base Rent payments increased proportionately to the increase in the New Index compared to the Base Index or compared to the Last Index Charged, as the case may be. For avoidance of doubt, it is clarified that under no circumstances will a decrease in the Base Index be taken into account. The Temporary Index shall addition to the Base Rent as calculated above will be used for referred to in this Agreement above and hereinafter as: “Linkage Differentials”. 11.2 For the purpose of calculating the aforementioned linkage differentials until the New Index is published (hereinafterchange, the "Index Published in Delay")payment date will be considered the date on which the Rent was due to be paid. If However, it becomes evident is hereby agreed explicitly that this is not a waiver or consent on behalf of the Index Published in Delay has risen or fallen in comparison with Lessor of the Temporary Index, the Company shall be charged or credited by the Lenders for the consequential difference, as applicable. If it becomes evident that the Index Published in Delay has not fallen or has risen in comparison with the Base Index, the Company shall pay the Index-Linked Amounts without any linkage. The Company undertakes Lessee’s obligation to pay the Lenders Rent on the aforementioned agreed dates and of the remedies at the Lessor’s disposal in the event of payment default. The Lessee has the right to pay the Rent in advance for any part of the Lease Term, in which case the linkage differentialsof such amount will apply until the actual payment date (the earlier date). 11.3 The Linkage Differentials will be considered Rent for all intents and purposes and will be paid on the Rent payment date in the same way as the Rent.

Appears in 1 contract

Samples: Lease (MeaTech 3D Ltd.)

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Linkage. The Credit principal amountsLinked Loans under the Long Term Facility, the Amount in Arrears (as defined in Section 10 below) Standby Facility, the DSRA Facility and the Hedging Facility and all Interest types may interest thereon and any other amount required to be fully: non-linked or index-linked, all as authorized by the Lenders through the Facility Agent, and as set forth in the Credit Requests. Whenever amounts payable to the Lenders Index under the Senior Finance Documents shall be linked to the Index in accordance with the following: (a) If on account any Linkage Date or any date when a calculation is to be made in accordance with the provisions of the Credit Amounts are Index-linked (hereinaftera Senior Finance Documents, the "Index-Linked Amounts"), the following linkage terms shall apply thereto: If it becomes evident that the New Index rose shall have risen in comparison to the Base Index or, with respect to a Linked Loan, the Loan Base Index, the Company Borrower shall pay make all payments to the Lenders the Index-Linked Amounts Senior Agent on such date (whether in respect of Financing Principal, interest or any other amount payable in NIS hereunder), duly multiplied by the New Index and divided by the Base Index. If it becomes evident that Index or the New Index did not rise or has fallen in comparison with the Loan Base Index, the Company shall pay the Index-Linked Amounts without any linkage. If prior to a relevant repayment date a New Index which was to have been published prior to such date is not published, then, for the purpose of calculating linkage differentials, as set forth above, the "New Index" shall be the last Index published prior to the aforementioned repayment date (hereinafter, the "Temporary Index"). The Temporary Index shall be used for the purpose of calculating the aforementioned linkage differentials until the New Index is published (hereinafter, the "Index Published in Delay"). If it becomes evident that the Index Published in Delay has risen or fallen in comparison with the Temporary Index, the Company shall be charged or credited by the Lenders for the consequential difference, as applicable. If on any Linkage Date the New Index shall not have risen or shall have fallen in comparison to the Base Index or the Loan Base Index, as applicable, the Borrower shall effect payment in full of all such amounts payable hereunder at their stated values, without any reduction. (b) If the Index due to be published preceding any such date, shall not be published for any reason, then until the Index is published, the “New Index” with respect to any payment made on such date, shall mean, the last published Index. (c) If it becomes evident transpires that the New Index Published in Delay has not fallen or has which shall have been published shall have risen in comparison with to the Index which served as a provisional basis for making the aforesaid payments, then the Borrower shall pay to the Senior Lenders the resulting differentials within five (5) Business Days from the date of publication of the New Index. (d) Conversely, if it transpires that the New Index which shall been published late, shall have fallen in comparison to the Index which served as a provisional basis for making the aforesaid payments, then the Senior Lenders shall pay to the Borrower the resulting differentials by way of set-off against the next payment from the Borrower to the Senior Lenders. Notwithstanding the above, for the purposes of calculating any such differentials, the New Index taken into account shall not fall below the Base Index or the Loan Base Index, the Company shall pay the Index-Linked Amounts without any linkage. The Company undertakes to pay the Lenders the aforementioned linkage differentialsas applicable.

Appears in 1 contract

Samples: Senior Facilities Agreement (Kenon Holdings Ltd.)

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