Common use of Prepayment and Cancellation of Individual Lenders Clause in Contracts

Prepayment and Cancellation of Individual Lenders. If: (a) any sum payable to any Lender by the Company is required to be increased under Clause 11.2 (Tax gross-up); and/or (b) any Lender claims indemnification from the Company under Clause 11.3 (Tax Indemnity) or Clause 12 (Increased costs); and/or (c) a Market Disruption Event occurs in relation to any Advance for any Interest Period pursuant to Clause 10.2 (Market disruption); and/or (d) any Lender withholds its consent to the incurrence of any Financial Indebtedness by the Company such that the Intercreditor Agent is unable to approve the incurrence of additional Financial Indebtedness in accordance with paragraph 2.1(h) of Part B of Schedule 5 (Covenants) or the amendment or waiver of paragraph 2.1 of Part B of Schedule 5 (Covenants), then, the Company may, subject to the other provisions hereof and, in the case of paragraph (d) above, whilst the circumstances described therein continue, and on giving at least fifteen days’ prior irrevocable written notice to the Intercreditor Agent: (i) prepay that Lender’s participation in the Advances outstanding under the relevant Facility Agreement on the Interest Payment Date which immediately ends after the Company’s notice; and/or (ii) cancel that Lender’s undrawn and uncancelled Available Commitments under the relevant Facility Agreement.

Prepayment and Cancellation of Individual Lenders. If: (a) any sum payable to any Lender by the Company is required to be increased under Clause 11.2 (Tax gross-up); and/or (b) any Lender claims indemnification from the Company under Clause 11.3 (Tax Indemnity) or Clause 12 (Increased costs); and/or (c) a Market Disruption Event occurs in relation to any Advance for any Interest Period pursuant to Clause 10.2 (Market disruption); and/or (d) any Lender withholds its consent to the incurrence of any Financial Indebtedness by the Company such that the Intercreditor Agent is unable to approve the incurrence of additional Financial Indebtedness in accordance with sub-paragraph 2.1(h2(h) of Part B of Schedule 5 (Covenants) or the amendment or waiver of paragraph 2.1 2 of Part B of Schedule 5 (Covenants), then, the Company may, subject to the other provisions hereof of this Clause 8 and, in the case of paragraph (d) above, whilst the circumstances described therein continue, and on giving at least fifteen days’ prior irrevocable written notice to the Intercreditor Agent: (i) prepay that Lender’s participation in the Advances outstanding under the relevant Facility Agreement on the Interest Payment Date which immediately ends after the Company’s notice; and/or (ii) cancel that Lender’s undrawn and uncancelled Available Commitments under the relevant Facility Agreement, provided that no Forecast Funding Shortfall (determined without taking account of any amount of Contingent Equity or any amount of the Contingent Debt Facilities) shall result.