No Increased Obligations. If: (a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and (b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent or an Obligor would be obliged to make a payment to the assignee, Transferee or the Lender acting through its new Facility Office under Clause 17.1 (Tax Gross-Up), 17.3 (Tax Indemnity) or Clause 18 (Increased Costs), then the assignee, Transferee or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 5 contracts
Samples: Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Relevant Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent or an Obligor would be obliged to make a payment to the assignee, Transferee New Lender or the Lender acting through its new Facility Office under Clause 17.1 (Tax Gross-Up), Clause 17.3 (Tax Indemnity) or Clause 18 (Increased Costs), then the assignee, Transferee New Lender or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 4 contracts
Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent or a an Obligor would be obliged to make a payment to the assignee, Transferee New Lender or the Lender acting through its new Facility Office under Clause 17.1 15.2 (Tax Gross-Upup), 17.3 Clause 15.3 (Tax Indemnity) or Clause 18 16 (Increased Costs), then the assignee, Transferee New Lender or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Samples: Acquisition Facilities Agreement (Liberty Global PLC)
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent Cableco or an Obligor would be obliged to make a payment to the assignee, Transferee or the Lender acting through its new Facility Office under Clause 17.1 (Tax Gross-Up), 17.3 17.2 (Tax Indemnity) or Clause 18 (Increased Costs), then the assignee, Transferee or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent or an Obligor would be obliged to make a payment to the assignee, Transferee New Lender or the Lender acting through its new Facility Office under Clause 17.1 13.2 (Tax Gross-Upup), 17.3 Clause 13.3 (Tax Indemnity) or Clause 18 14 (Increased Costs), then the assignee, Transferee New Lender or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.. 40810573_6
Appears in 1 contract
Samples: High Yield Bridge Facilities Agreement (Liberty Global PLC)
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent or an Obligor would be obliged to make a payment to the assignee, Transferee or the Lender acting through its new Facility Office under Clause 17.1 16.1 (Tax Gross-Up), 17.3 16.2 (Tax Indemnity) or Clause 18 17 (Increased Costs), then the assignee, Transferee or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent or an Obligor would be obliged to make a payment to the assignee, Transferee or the Lender acting through its new Facility Office under Clause 17.1 11.1 (Tax Gross-Up), 17.3 11.2 (Tax Indemnity) or Clause 18 11 (Increased Costs), then the assignee, Transferee or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract
Samples: Second Lien Facility Agreement (Telewest Global Inc)
No Increased Obligations. If:
(a) a Lender assigns or transfers any of its rights or obligations under the Finance Documents or changes its Facility Office; and
(b) as a result of circumstances existing at the date of the assignment, transfer or change of Facility Office, the Parent Office or an Obligor would be obliged to make a payment to the assignee, Transferee New Lender or the Lender acting through its new Facility Office under Clause 17.1 19.2 (Tax Gross-Upup), 17.3 Clause 19.3 (Tax Indemnity) or Clause 18 20 (Increased Costs), then the assignee, Transferee New Lender or the Lender acting through its new Facility Office shall only be entitled to receive payment under those Clauses to the same extent as the assignor, transferor or the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred.
Appears in 1 contract