Payment to the Fiscal Agent. 4.1 The Issuer shall, by no later than 10.00 a.m. (New York City time) on the Business Day on which any payment of principal or interest in respect of any of the Notes becomes due under the Conditions, transfer to an account specified by the Fiscal Agent such amount of U.S. dollars as shall be sufficient for the purposes of the payment of principal or interest in same day funds.
4.2 The Issuer shall use its best endeavours to ensure that, before 10.00 a.m. (New York City time) on the second Business Day before each Interest Payment Date or the Maturity Date, as the case may be, the bank effecting payment to the Fiscal Agent confirms by authenticated SWIFT message to the Fiscal Agent the irrevocable payment instructions relating to such payment.
4.3 For the purposes of this Clause 4, Business Day means a day on which banks are open for business in London and New York City.
4.4 The Fiscal Agent shall as soon as reasonably practicable notify each of the other Agents and the Issuer if it has not received the confirmation referred to in Clause 4.2 by the time specified for its receipt unless it is satisfied that it will receive the amount referred to in Clause 4.1.
4.5 For the avoidance of doubt, the Paying Agents shall not have any obligation to make any payment of principal or interest in respect of the Notes to the Noteholders until the Fiscal Agent has received from the Issuer the full amount in U.S. dollars required for the relevant payment.
4.6 Without prejudice to Clause 4.5, if the Fiscal Agent makes a payment to Noteholders of principal or interest in respect of the Notes on or after the due date for such payment at a time at which the Fiscal Agent has not received payment in full in respect of the relevant Notes in accordance with Clause
4.1 (the excess of the amount so paid over the amounts so received being the Shortfall), the Issuer shall, in addition to paying the Fiscal Agent the amount due under Clause 4.1, pay to the Fiscal Agent on demand:
(a) the Shortfall; and
(b) interest (at a rate which represents the Fiscal Agent's cost of funding the Shortfall, as certified by the Fiscal Agent) on the Shortfall from the date on which the payment was made by the Fiscal Agent to Noteholders until the date of reimbursement by the Issuer to the Fiscal Agent of the Shortfall.
Payment to the Fiscal Agent. The Issuer, by no later than 8.00 PM CET on the date preceding each date on which any payment in respect of the Securities becomes due, shall transfer to the Fiscal Agent such amount as may be required for the purposes of such payment. In this Clause, the date on which a payment in respect of the Securities becomes due means the first date on which the holder of a Security or Coupon could claim the relevant payment by transfer to an account under the Conditions, but disregarding the necessity for it to be a Business Day in any particular place of presentation.
Payment to the Fiscal Agent. The Issuer shall, on each date on which any payment in respect of the Notes becomes due, transfer to the Fiscal Agent such amount as may be required for the purposes of such payment. In this Clause, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note or Coupon could claim the relevant payment by transfer to an account under the Conditions, but disregarding the necessity for it to be a business day in any particular place of presentation.
Payment to the Fiscal Agent. (a) Subject to Clause 6.1(b) below, the Issuer, failing whom the Guarantor, shall, no later than 12.00 noon (in the principal financial centre of the payment currency or, in the case of payment in euro, central European time) on each date on which any payment in respect of the Notes becomes due, transfer to the Fiscal Agent such amount as may be required for the purposes of such payment.
(b) In respect of any payment due on any Series in a Specified Currency other than U.S. dollars payable to Noteholders holding interests in a Global Certificate registered in the name of, or the name of a nominee for, DTC who have not made an irrevocable election to receive payment in such specified currency the Issuer, failing whom the Guarantor, shall, no later than 11.00 a.m. (London time) on the third Business Day prior to the date on which any payment in respect of the Notes becomes due, transfer to the Fiscal Agent such amount as may be required for the purposes of such payment. In this Clause 6.1, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note, Receipt or Coupon could claim the relevant payment by transfer to an account under the Conditions, but disregarding the necessity for it to be a business day in any particular place of presentation.
Payment to the Fiscal Agent. The Issuer shall, no later than 10.00 a.m. (London time), on each date on which any payment in respect of the Notes becomes due, transfer to the Fiscal Agent such amount as may be required for the purposes of such payment. If the Fiscal Agent determines in its absolute discretion that payment in accordance with this Clause 4.1 is required to be made earlier, it will provide the Issuer with no less than 21 days prior notice in writing of such requirement. In this Clause 4.1, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note or Coupon could claim the relevant payment by transfer to an account under the Conditions, but disregarding the necessity for it to be a business day in the particular place of presentation.
Payment to the Fiscal Agent. The Issuer, failing which, the Guarantors shall make the necessary arrangements to give instructions prior to each date on which any payment in respect of the Notes becomes due, in order to transfer by TARGET2 System prior to noon (Luxembourg time) on each date on which any payment in respect of the Notes becomes due to the Fiscal Agent such amount as may be required for the purposes of such payment. In this Clause, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note, Receipt or Coupon could claim the relevant payment by transfer to an account under the Conditions. Further, the Issuer, failing which, the Guarantors, agree(s) to consult with the Fiscal Agent in relation to the settlement/payment/pre-advice procedures in respect of any Notes for which the relevant currency is other than Euro as reasonably necessary in advance of the issue of any such Notes.
Payment to the Fiscal Agent. The Relevant Issuer shall, on each date on which any payment in respect of the Notes becomes due, transfer to the Fiscal Agent such amount as may be required for the purposes of such payment. In this Clause, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note or Coupon could claim the relevant payment by transfer to an account under the Conditions, but disregarding the necessity for it to be a business day in any particular place of presentation. Unless the Principal Paying Agent is satisfied that the full amount of the payment has been made under the terms of this Agreement (except as to the time of making the same) or other arrangements satisfactory to the Principal Paying Agent have been made, neither the Principal Paying Agent nor any of the other Paying Agents shall be bound to make payments in respect of the Notes and Coupons.
Payment to the Fiscal Agent. The Issuer shall before 10:00 a.m. (local time in the relevant financial centre of the payment or, in the case of a payment in euro, London time) one Business Day prior to each day on which any payment in respect of the Notes becomes due, transfer to the Fiscal Agent such amount as may be required for the purposes of such payment. In this Clause, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note or Coupon could claim the relevant payment by transfer to an account under the Conditions, but disregarding the necessity for it to be a business day in any particular place of presentation.
Payment to the Fiscal Agent. The Issuer, failing whom the Guarantor, shall
4.1.1 before 10.00 a.m. (Local Time): On each Business Day on which any payment in euro in respect of any Note becomes due transfer to an account specified by the Fiscal Agent such amount in euro as shall be sufficient for the purpose of such payment in funds settled through TARGET2;
4.1.2 before 10.00 a.m. (local time in the relevant principal financial centre of the country of the relevant currency): On each Business Day on which any payment in SEK, GBP or USD in respect of any Note becomes due transfer to an account specified by the Fiscal Agent the amount in such currency as shall be sufficient for the purpose of such payment in funds settled through such payment system as the Fiscal Agent and the Issuer may agree;
4.1.3 prior to the issuance of the relevant Notes, consult and agree with the Fiscal Agent, in relation to the settlement and timing for payment procedures in respect of any Notes for which the relevant currency is other than euro, SEK, GBP or USD. In this Clause, the date on which a payment in respect of the Notes becomes due means the first date on which the holder of a Note or Coupon is entitled to receive such payment under the Conditions, but disregarding the necessity for it to be a business day in any particular place of presentation.
Payment to the Fiscal Agent. (a) The Issuer shall, by no later than 3.00 p.m. (London time) on the Business Day on which any payment of principal or interest in respect of any of the Notes becomes due under the Conditions (or by such earlier time as may be determined by the Fiscal Agent in its absolute discretion in accordance with clause 4.1(b) below), transfer to an account specified by the Fiscal Agent such amount of U.S. dollars as shall be sufficient for the purposes of the payment of principal or interest in same day funds.
(b) If the Fiscal Agent determines in its absolute discretion that payment in accordance with this clause 4.1 is required to be made earlier than the Business Day on which payment in respect of the Notes becomes due, it will provide the Issuer with no less than 21 days' prior notice in writing of such requirements.
4.2 The Issuer shall ensure that, no later than 1.00 p.m. (London time) on the Second Business Day immediately preceding each day on which any payment is to be made to the Fiscal Agent under clause 4.1, the bank effecting payment to the Fiscal Agent confirms by XXXXX or similar message or email to the Fiscal Agent the irrevocable payment instructions relating to such payment.
4.3 For the purposes of this clause 4, Business Day means a day on which commercial banks and foreign exchange markets settle payments and are open for general business in Istanbul, London and New York City.
4.4 For the avoidance of doubt, the Paying Agents shall not have any obligation nor be bound to make any payment of principal or interest in respect of the Notes to the Noteholders until the Fiscal Agent has been put in cleared funds by the Issuer and has been able to identify or confirm receipt of those funds.
