Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises: (i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and (ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 5 contracts
Samples: Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Moore Labels Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Deed irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document Accession Deed to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent agent or given to the Obligors’ agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent agent and any other Obligor, those of the Obligors’ Agent agent shall prevail.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Obligors’ Agent. (a) Each The Parent and each Obligor (other than the ParentCompany and the US Borrower) irrevocably authorises the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect the Parent or such Obligor, without further reference to or the consent of the Parent or such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on the Parent or such Obligor pursuant to the Finance Documents to the Parent Company on its behalf, and in each such case the Parent or such Obligor will be bound thereby as though the Parent or such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to the Parent or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on the Parent and all other Obligors (other than the US Borrower) as if the Parent or the other Obligors (other than the US Borrower) had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and the Parent or any other ObligorObligor (other than the US Borrower), those of the Obligors’ Agent shall prevail.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Obligors’ Agent. (a) Each The Parent and each Obligor (other than the ParentCompany) irrevocably authorises the Parent Company to act on its behalf as its agent in relation to the Relevant Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions instructions, (including, in the case of a Borrower, Utilisation Requests) to execute on its behalf any Relevant Finance Document and to enter into any agreement in connection with the Relevant Finance Documents notwithstanding that the same may affect the Parent or such Obligor, without further reference to or the consent of the Parent or such Obligor; and
(ii) each Relevant Finance Party to give any notice, demand or other communication to be given to or served on the Parent or such Obligor pursuant to the Relevant Finance Documents to the Parent Company on its behalf, and in each such case the Parent or such Obligor will be bound thereby as though the Parent or such Obligor itself had supplied such information, given such notice and instructions, executed such Relevant Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Relevant Finance Party may rely on any action purported to be taken by the Company on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Relevant Finance Document, or in connection with this Agreement (whether or not known to the Parent or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on the Parent and all other Obligors as if the Parent or 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 Obligors’ Agent and the Parent or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 4 contracts
Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) by its execution of this Agreement or an Accession Deed irrevocably authorises appoints the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document Accession Deed, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfBorrower, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Borrower or given to the Borrower under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent Borrower and any other Obligor, those of the Obligors’ Agent Borrower shall prevail.
Appears in 3 contracts
Samples: Supplemental Agreement (Iridium Communications Inc.), Loan Agreement (Iridium Communications Inc.), Facility Agreement (Iridium Communications Inc.)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document Accession Letter, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 2 contracts
Samples: Facility Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD)
Obligors’ Agent. (a) Each Obligor (other than the ParentTCN) irrevocably authorises the Parent TCN to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent TCN on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent TCN on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Telewest Global Inc), Second Lien Facility Agreement (Telewest Global Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentHWDC) by its execution of this Agreement irrevocably authorises the Parent appoints HWDC to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent HWDC on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfHWDC, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, undertaking settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent HWDC or given to HWDC under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 notices, or other communications of the Obligors’ Agent HWDC and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 2 contracts
Samples: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.. (Signature page to the Amendment and Restatement Agreement)
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (IHS Holding LTD)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including, in the case of the Borrower, Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfParent, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the ParentParent Guarantor) irrevocably authorises the Parent Guarantor to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Guarantor on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Guarantor on its behalf, and in each such case case, such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor party to this Agreement (other than the ParentBorrower) by its execution of this Agreement irrevocably authorises appoints the Parent Borrower (the "Obligors' Agent") to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfBorrower, and in each such case such that Obligor will shall be bound thereby as though such that Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ ' Agent or given to the Obligors' Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions instructions, (including, in the case of a Borrower, Utilisation Requests) to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Finance Party may rely on any action purported to be taken by the Parent on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on all other 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 Obligors’ Agent and or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany and Frigoglass Eurasia LLC) by its execution of this Agreement or an Accession Deed irrevocably authorises appoints the Parent Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under Note Agent and the Holders in accordance with the provisions of this Agreement and to give all notices and instructions instructions, to execute on its behalf any Finance Document Accession Deed, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) the Note Agent and each Finance Party Holder to give deliver to the Company any notice, demand or other communication that is required to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfDocuments, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ ' Agent or given to the Obligors' Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Samples: Subscription Agreement
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of an Accession Letter irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document Accession Letter, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including any Utilisation Requests) or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) irrevocably authorises that is a party to this Agreement appoints the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfBorrower, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ ' Agent or given to the Obligors' Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Samples: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)
Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
authorises (i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions (including, in the case of a Borrower, Requests) to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
, and (ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and and, in each such case case, such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunications.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ ' Agent under any Finance Documentthis Agreement, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other 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 Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Samples: Credit Agreement (Getty Images Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentBidco) irrevocably authorises the Parent Bidco to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Bidco on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions instructions, (including, in the case of a Borrower, Utilisation Requests) to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Bidco on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Finance Party may rely on any action purported to be taken by Bidco on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on all other 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 Obligors’ Agent and or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Samples: Acquisition Facilities Agreement (Liberty Global PLC)
Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
authorises (i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions (including, in the case of a Borrower, Requests and notices pursuant to Clause 11.1), to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
, and (ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunications.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ ' Agent under any Finance Documentthis Agreement, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other 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 Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Samples: Credit Agreement (Getty Images Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) irrevocably authorises the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Borrower on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Finance Party may rely on any action purported to be taken by the Borrower on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under this AgreementParty), shall be binding for all purposes on all other Obligors as if the other Obligors Obligor had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Samples: High Yield Bridge Facilities Agreement (Liberty Global PLC)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) irrevocably authorises the Parent Company to act on its behalf as its agent (the “Obligors’ Agent”) in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itselfsuch Obligor, its business and financial condition and otherwise any other information relating to such Obligor to the relevant persons contemplated under this Agreement and Agreement, to give all notices and instructions under, and to execute on its behalf behalf, any Finance Document and to enter into any agreement in connection with the Finance Documents (notwithstanding that the same may affect such Obligor), without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Company on its behalf, and and, in each such case case, such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and or agreement or received any such notice, demand or other communication. The Obligors’ Agent shall be released from the restrictions set out in Section 181 of the German Civil Code (Bürgerliches Gesetzbuch) or restrictions having a similar effect under any other applicable law.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, Document or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Samples: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of 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 this Agreement), any Finance Document) shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Samples: Facility Agreement (IHS Holding LTD)
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) irrevocably authorises the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions under the Finance Documents and to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Borrower on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), shall be binding for all purposes on all other 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 Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Samples: Credit Facility Agreement (Ship Finance International LTD)
Obligors’ Agent. (a) Each Cableco and each Obligor (other than the ParentBorrower) irrevocably authorises the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect Cableco or such Obligor, without further reference to or the consent of Cableco or such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on Cableco or such Obligor pursuant to the Finance Documents to the Parent Borrower on its behalf, and in each such case Cableco or such Obligor will be bound thereby as though Cableco or such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to Cableco or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on Cableco and all other Obligors as if Cableco or 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 Obligors’ Agent and Cableco or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract