PARI PASSU TO NON. EIB FINANCING If any of the Borrowers (or any other member of the Group) voluntarily prepays (for the avoidance of doubt, prepayment shall include a repurchase or cancellation where applicable) a part or the whole of any Non-EIB Financing and: – such prepayment is not made within a revolving credit facility (save for the cancellation of the revolving credit facility); – such prepayment is not made out of the proceeds of a loan or other indebtedness having a term at least equal to the unexpired term of the Non-EIB Financing prepaid, the Bank may, by notice to the Borrowers, cancel the undisbursed portion of the Credit and demand prepayment of the Loan. The proportion of the Loan that the Bank may require to be prepaid shall be the same as the proportion that the prepaid amount of the Non-EIB Financing bears to the aggregate outstanding amount of all Non-EIB Financing. The relevant Borrower shall effect payment of the amount demanded on the date specified by the Bank, such date being a date falling not less than 30 (thirty) days from the date of the demand. For the purposes of this Article, “Non-EIB Financing” includes any loan, (save for the Loan and any other direct loans from the Bank to the Borrower (or any other member of the Group)), credit bond or other form of financial indebtedness or any obligation for the payment or repayment of money originally granted to the Borrower (or any other member of the Group)) for a term of more than 3 (three) years.
Appears in 1 contract
Samples: Finance Contract (LivaNova PLC)
PARI PASSU TO NON. EIB FINANCING If any of the Borrowers a Borrower (or any other member of the Group) voluntarily prepays (for the avoidance of doubt, prepayment shall include a repurchase or cancellation where applicable) a part or the whole of any other Non-EIB Financing and: – - such prepayment is not made within a revolving credit facility (save for the cancellation of the revolving credit facility); – or - such prepayment is not made out of the proceeds of a loan or other indebtedness having a term at least equal to the unexpired term of the Non-EIB Financing prepaid; or - following such prepayment the aggregate of the outstanding Loan and any other direct loans from the Bank constitutes more than 50% (fifty per cent.) of the aggregate outstanding Non-EIB Financing to the Group, the Bank may, by notice to the Borrowers, cancel the undisbursed portion of the Credit and demand prepayment of the Loan. The proportion of the Loan that the Bank may require to be prepaid shall be the same as the proportion that the prepaid amount of the Non-EIB Financing bears to the aggregate outstanding amount of all Non-EIB Financing. The relevant Each Borrower shall effect payment of the amount demanded from it on the date specified by the Bank, such date being a date falling not less than 30 (thirty) days from the date of the demand. For the purposes of this Article, “"Non-EIB Financing” " includes any loan, (save for the Loan and any other direct loans from the Bank to the Borrower (or any other member of the Group)Bank), credit bond or other form of financial indebtedness or any obligation for the payment or repayment of money originally granted to a Borrower or the Borrower (Guarantor or any other member of the Group)) Group for a term of more than 3 (three) years.
Appears in 1 contract
Samples: Finance Contract (Xylem Inc.)
PARI PASSU TO NON. EIB FINANCING If any of the Borrowers Borrower (or any other member of the Group) or any Guarantor voluntarily prepays (for the avoidance of doubt, prepayment shall include a repurchase repurchase, redemption or cancellation where applicable) a part or the whole of any Non-EIB Financing and: – - such prepayment is not made within a revolving credit facility (save for the cancellation of the revolving credit facility); – - such prepayment is not made out of the proceeds of a loan or other indebtedness having a term at least equal to the unexpired term of the Non-EIB Financing prepaid, the Bank may, by notice to the BorrowersBorrower, cancel the undisbursed portion of the Credit and demand prepayment of the Loan. The proportion of the Loan that the Bank may require to be prepaid shall be the same as the proportion that the prepaid amount of the Non-EIB Financing bears to the aggregate outstanding amount of all Non-EIB Financing. The relevant Borrower shall effect payment of the amount demanded on the date specified by the Bank, such date being a date falling not less than 30 (thirty) days from the date of the demand. For the purposes of this Article, “Non-EIB Financing” includes any loan, loan (save for the Loan and any other direct loans from the Bank to the Borrower (or any other member of the Group)) or any Guarantor), credit bond or other form of financial indebtedness or any obligation for the payment or repayment of money originally granted to the Borrower (or any other member of the Group)) or any Guarantor) for a term of more than 3 (three) years.
Appears in 1 contract
PARI PASSU TO NON. EIB FINANCING Financing If any of the Borrowers Borrower (or any other member of the Group) or any Guarantor voluntarily prepays (for the avoidance of doubt, prepayment shall include a repurchase repurchase, redemption or cancellation where applicable) a part or the whole of any Non-EIB Financing and: – · such prepayment is not made within a revolving credit facility (save for the cancellation of the revolving credit facility); – · such prepayment is not made out of the proceeds of a loan or other indebtedness having a term at least equal to the unexpired term of the Non-EIB Financing prepaid, the Bank may, by notice to the BorrowersBorrower, cancel the undisbursed portion of the Credit and demand prepayment of the Loan. The proportion of the Loan that the Bank may require to be prepaid shall be the same as the proportion that the prepaid amount of the Non-EIB Financing bears to the aggregate outstanding amount of all Non-EIB Financing. The relevant Borrower shall effect payment of the amount demanded on the date specified by the Bank, such date being a date falling not less than 30 (thirty) days from the date of the demand. For the purposes of this Article, “"Non-EIB Financing” " includes any loan, loan (save for the Loan and any other direct loans from the Bank to the Borrower (or any other member of the Group)) or any Guarantor), credit bond or other form of financial indebtedness or any obligation for the payment or repayment of money originally granted to the Borrower (or any other member of the Group)) or any Guarantor) for a term of more than 3 (three) years.
Appears in 1 contract
Samples: Finance Contract (Opgen Inc)