Common use of No breach of Austrian Agreements Clause in Contracts

No breach of Austrian Agreements. The Banks (i) confirm that they have received copies of the Austrian Agreements in their form at the date of the first supplemental agreement to this Agreement, and (ii) further confirm, and authorise the Agent to confirm, that if they, the Agent or the Security Trustee become majority shareholders in CNA following enforcement of the CNA Share Security they will not, and they will not instruct the Agent or the Security Trustee to, require CNA to take any advice which would to their knowledge, after taking advice, constitute a breach of the Austrian Agreements in their form at the date of the first supplemental agreements to this Agreement if such action would also constitute a breach of the Austrian Agreements in their form at the date on which such action is taken. These confirmations, however, do not constitute (a) a waiver of any rights the Banks, the Agent or the Security Trustee may have under the Austrian Agreements as such shareholders or (b) a guarantee of CNA's obligations under the Austrian Agreements. The Banks do not have authority to bind any third party who becomes a shareholder in CNA, whether following enforcement of the CNA Share Security or otherwise, but the Banks agree that if they, the Agent or the Security Trustee dispose of the shares in CNA, upon enforcement of the CNA Share Security, or as shareholders in CNA following enforcement of the CNA Share Security, otherwise than by means of a public offer, public sale or public auction they will make such disposal on terms that the acquirer gives a confirmation in the same terms as this clause 19.6.

Appears in 3 contracts

Samples: Supplemental Agreement (United Pan Europe Communications Nv), Supplemental Agreement (United International Holdings Inc), Supplemental Agreement (United Pan Europe Communications Nv)

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No breach of Austrian Agreements. The Banks (i) confirm that they have received copies of the Austrian Agreements in their form at the date of the first supplemental agreement to this Agreement, and (ii) further confirm, and authorise the Agent to confirm, that if they, the Agent or the Security Trustee Agent become majority shareholders in CNA following enforcement of the CNA Share Security they will not, and they will not instruct the Agent or the Security Trustee Agent to, require CNA to take any advice which would to their knowledge, after taking advice, constitute a breach of the Austrian Agreements in their form at the date of the first supplemental agreements to this Agreement if such action would also constitute a breach of the Austrian Agreements in their form at the date on which such action is taken. These confirmationsThis confirmation, however, do does not constitute (a) a waiver of any rights the Banks, the Agent or the Security Trustee Agent may have under the Austrian Agreements as such shareholders or (b) a guarantee of CNA's obligations under the Austrian Agreements. The Banks do not have authority to bind any third party who which becomes a shareholder in CNA, whether following enforcement of the CNA Share Security or otherwise, but the Banks agree that if they, the Agent or the Security Trustee Agent dispose of the shares in CNA, upon enforcement of the CNA Share Security, or as shareholders in CNA CNA, following enforcement of the CNA Share Security, otherwise than by means of a public offer, public sale or public auction they will make such disposal on terms that the acquirer gives a confirmation in the same terms as this clause 19.6.

Appears in 1 contract

Samples: Conformed Copy (United Pan Europe Communications Nv)

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No breach of Austrian Agreements. The Banks (i) confirm that they have received copies of the Austrian Agreements in their form at the date of the first supplemental agreement to this Agreement, and (ii) further confirm, and authorise the Agent to confirm, that if they, the Agent or the Security Trustee become majority shareholders in CNA following enforcement of the CNA Share Security they will not, and they will not instruct the Agent or the Security Trustee to, require CNA to take any advice action which would to their knowledge, after taking advice, constitute a breach of the Austrian Agreements in their form at the date of the first supplemental agreements agreement to this Agreement if such action would also constitute a breach of the Austrian Agreements in their form at the date on which such action is taken. These confirmations, however, do not constitute (a) a waiver of any rights the Banks, the Agent or the Security Trustee may have under the Austrian Agreements as such shareholders or (b) a guarantee of CNA's obligations under the Austrian Agreements. The Banks do not have authority to bind any third party who becomes a shareholder in CNA, whether following enforcement of the CNA Share Security or otherwise, but the Banks agree that if they, the Agent or the Security Trustee dispose of the shares in CNA, CNA upon enforcement of the CNA Share Security, or as shareholders in CNA following enforcement of the CNA Share Security, otherwise than by means of a public offer, public sale or public auction they will make such disposal on terms that the acquirer gives a confirmation in the same terms as this clause 19.6.";

Appears in 1 contract

Samples: Supplemental Agreement (United International Holdings Inc)

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