Common use of Obligor Agent Clause in Contracts

Obligor Agent. (a) Each Obligor (other than the Borrower) by its execution of this Agreement or an Accession Letter (as the case may be) irrevocably appoints the Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises (i) the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests, Renewal Requests or Selection Notices), to execute on its behalf any documents required hereunder and to make such agreements capable of being given or made by any Obligor notwithstanding that they may affect such Obligor, without further reference to or consent of such Obligor; and (ii) each Finance Party to give any notice, demand or other communication to such Obligor pursuant to the Finance Documents to the Borrower on its behalf, and in each case such Obligor shall be bound thereby as though such Obligor itself had given such notices and instructions (including, without limitation, any Utilisation Requests, Renewal Requests or Selection Notices) or executed or made such agreements or received any notice, demand or other communication. (b) Every act, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Borrower, or given to the Borrower, in its capacity as agent in accordance with paragraph (a) of this Clause 31.7, in connection with this Agreement shall be binding for all purposes on such Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Borrower and any other Obligor, those of the Borrower shall prevail.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sa De Cv)

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Obligor Agent. (a) Each Obligor (other than the BorrowerParent) by its execution of this Agreement or an Accession Letter (as the case may be) irrevocably appoints the Borrower Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises: (i) the Borrower Parent on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests, Renewal Requests Selection Notices or Selection Noticesa Term Out Notice), to execute on its behalf any documents required hereunder and to make such agreements capable of being given given, made or made effected by any Obligor notwithstanding that they may affect such the Obligor, without further reference to or the consent of such that Obligor; and and (ii) each Finance Party to give any notice, demand or other communication to such that Obligor pursuant to the Finance Documents to the Borrower Parent on its behalf, and in each case such the Obligor shall be bound thereby as though such the Obligor itself had given such the notices and instructions (including, without limitation, any Utilisation Requests, Renewal Requests Selection Notices or Selection Noticesa Term Out Notice) or executed or made such agreements or received any the relevant notice, demand or other communication. (b) Every act, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Borrower, Parent or given to the Borrower, in its capacity as agent in accordance with paragraph (a) Parent under any Finance Document on behalf of this Clause 31.7, another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on such Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Borrower Parent and any other Obligor, those of the Borrower Parent shall prevail.

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

Obligor Agent. (a) 30.9.1 Each Obligor (other than the BorrowerParent) by its execution of this Agreement or an Accession Letter (as the case may be) irrevocably appoints the Borrower Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises: (i) 30.9.1.1 the Borrower Parent on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests, Renewal Requests or Selection Notices), to execute on its behalf any documents required hereunder and to make such agreements capable of being given given, made or made effected by any Obligor notwithstanding that they may affect such the Obligor, without further reference to or the consent of such that Obligor; and (ii) and 30.9.1.2 each Finance Party to give any notice, demand or other communication to such that Obligor pursuant to the Finance Documents to the Borrower Parent on its behalf, and in each case such the Obligor shall be bound thereby as though such the Obligor itself had given such the notices and instructions (including, without limitation, any Utilisation Requests, Renewal Requests or Selection Notices) or executed or made such agreements or received any the relevant notice, demand or other communication. (b) 30.9.2 Every act, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Borrower, Parent or given to the Borrower, in its capacity as agent in accordance with paragraph (a) Parent under any Finance Document on behalf of this Clause 31.7, another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on such Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Borrower Parent and any other Obligor, those of the Borrower Parent shall prevail.. Gold Fields_ RCF Table of Contents

Appears in 1 contract

Samples: Zar Revolving Credit Facility Agreement (Gold Fields LTD)

Obligor Agent. (a) Each Obligor (other than the BorrowerCompany) by its execution of this Agreement or an Accession Letter (as the case may be) irrevocably appoints the Borrower Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises authorises (i) the Borrower Company on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests, Renewal Requests or Selection NoticesExtension Requests), to execute on its behalf any documents required hereunder and to make such agreements capable of being given or made by any Obligor notwithstanding that they may affect such Obligor, without further reference to or consent of such Obligor; and (ii) each Finance Party to give any notice, demand or other communication to such Obligor pursuant to the Finance Documents to the Borrower Company on its behalf, and in each case such Obligor shall be bound thereby as though such Obligor itself had given such notices and instructions (including, without limitation, any Utilisation Requests, Renewal Requests or Selection NoticesExtension Requests) or executed or made such agreements or received any notice, demand or other communication. (b) Every act, agreement, undertaking, settlement, waiver, notice or other communication given or made by the BorrowerCompany, or given to the BorrowerCompany, in its capacity as agent in accordance with paragraph (a) of this Clause 31.732.7, in connection with this Agreement shall be binding for all purposes on such Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Borrower Company and any other Obligor, those of the Borrower Company shall prevail.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

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Obligor Agent. (a) Each Obligor (other than the BorrowerParent) by its execution of this Agreement or an Accession Letter (as the case may be) irrevocably appoints the Borrower Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises: (i) the Borrower Parent on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests, Renewal Requests Selection Notices or Selection Facility A Term Out Notices), to execute on its behalf any documents required hereunder and to make such agreements capable of being given given, made or made effected by any Obligor notwithstanding that they may affect such the Obligor, without further reference to or the consent of such that Obligor; and and (ii) each Finance Party to give any notice, demand or other communication to such that Obligor pursuant to the Finance Documents to the Borrower Parent on its behalf, and in each case such the Obligor shall be bound thereby as though such the Obligor itself had given such the notices and instructions (including, without limitation, any Utilisation Requests, Renewal Requests Selection Notices or Selection Facility A Term Out Notices) or executed or made such agreements or received any the relevant notice, demand or other communication. (b) Every act, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Borrower, Parent or given to the Borrower, in its capacity as agent in accordance with paragraph (a) Parent under any Finance Document on behalf of this Clause 31.7, another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on such Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Borrower Parent and any other Obligor, those of the Borrower Parent shall prevail.

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

Obligor Agent. (a) Each Obligor (other than the Borrower) by its execution of this Agreement or an Accession Letter (as the case may be) irrevocably appoints the Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises authorises (i) the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests, Renewal Requests or Selection Notices), to execute on its behalf any documents required hereunder and to make such agreements capable of being given or made by any Obligor notwithstanding that they may affect such Obligor, without further reference to or consent of such Obligor; and (ii) each Finance Party to give any notice, demand or other communication to such Obligor pursuant to the Finance Documents to the Borrower on its behalf, and in each case such Obligor shall be bound thereby as though such Obligor itself had given such notices and instructions (including, without limitation, any Utilisation Requests, Renewal Requests or Selection Notices) or executed or made such agreements or received any notice, demand or other communication. (b) Every act, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Borrower, or given to the Borrower, in its capacity as agent in accordance with paragraph (a) of this Clause 31.730.7, in connection with this Agreement shall be binding for all purposes on such Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Borrower and any other Obligor, those of the Borrower shall prevail.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sab De Cv)

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