Procedure for novations. (a) A novation is effected if: (i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Schedule 4 (a "NOVATION CERTIFICATE"); and (ii) the Agent executes it. (b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf. (c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate: (i) the Existing Bank and the other Parties (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS"); (ii) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank; (iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and (iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Term Loan Facility (Sonera Corp)
Procedure for novations. (a) A novation is effected if:if:-
(i) the Existing Bank and the New Bank deliver to the Facility Agent a duly completed certificate, substantially in the form of Schedule 4 5 (a "NOVATION CERTIFICATENovation Certificate"); and
(ii) the Facility Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises authorizes the Facility Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:Certificate:-
(i) the Existing Bank and the other Parties (the "EXISTING PARTIESexisting Parties") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONSdischarged obligations");
(ii) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTSdischarged rights") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Facility Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Facilities Agreement (Autoliv Inc)
Procedure for novations. (a) A novation is effected if:if:-
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Part I of Schedule 4 5 (a "NOVATION CERTIFICATENovation Certificate"); and
(ii) the Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:Certificate:-
(i) the Existing Bank and the other Parties (the "EXISTING PARTIESexisting Parties") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONSdischarged obligations");
(ii) the New Bank and the existing Parties will assume obligations towards each other which (subject to Clause 29.5) differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTSdischarged rights") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which (subject to Clause 29.5) differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Facility (Cobe Laboratories Inc)
Procedure for novations. (a) A novation is effected if:
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Schedule 4 (a "NOVATION CERTIFICATE"); and
(ii) the Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.. --------------------------------------------------------------------------------
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:
(i) the Existing Bank and the other Parties (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS");
(ii) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Term Loan Facility (Sonera Corp)
Procedure for novations. (aA) A novation is effected if:
(i) the Existing Bank Lender and the New Bank Lender deliver to the Agent a duly completed certificate, substantially in the form of Schedule 4 (a "NOVATION CERTIFICATE")14; and
(ii) the Agent executes itit which it may do within 5 Business Days of receipt.
(bB) Each Party (other than the Existing Bank Lender and the New BankLender) irrevocably authorises the Agent to execute any duly completed Novation Certificate novation certificate on its behalf.
(cC) To the extent that they are expressed to be the subject of the novation in the Novation Certificatenovation certificate:
(i) the Existing Bank Lender and the other Parties parties to this Agreement (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS");
(ii) the New Bank Lender and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank Lender instead of the Existing BankLender;
(iii) the rights of the Existing Bank Lender against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and
(iv) the New Bank Lender and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank lender instead of the Existing BankLender, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate novation certificate by the Agent or, if later, the date specified in the Novation Certificatenovation certificate.
Appears in 1 contract
Samples: Loan Agreement (Emap PLC)
Procedure for novations. (a) 26.3.1 A novation is effected if:
(ia) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Schedule 4 (a "NOVATION CERTIFICATE"“Novation Certificate”); and
(iib) the Agent executes it.
(b) 26.3.2 Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalfbehalf which, subject to the terms of this Agreement, it shall execute save where it would incur any liability as a consequence of so executing.
(c) 26.3.3 To the extent that they are expressed to be the subject of the novation in the Novation Certificate:
(ia) the Existing Bank and the other Parties (the "EXISTING PARTIES"“existing Parties”) will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS"“discharged obligations”);
(iib) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iiic) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS"“discharged rights”) will be cancelled; and
(ivd) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Senior Facility Agreement
Procedure for novations. (a) A novation is effected if:
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Part I of Schedule 4 5 (a "NOVATION CERTIFICATE"); andand ------------------------------------------------------------------------------- -------------------------------------------------------------------------------
(ii) the Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:
(i) the Existing Bank and the other Parties (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS");
(ii) the New Bank and the existing Existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;,
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Procedure for novations. (a) A novation is effected if:
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Part I of Schedule 4 5 (a "NOVATION CERTIFICATE")) and the Agent executes it; andor
(ii) a Syndication Agreement is executed by all the Agent executes parties to it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:
(i) the Existing Bank and the other Parties (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS");
(ii) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Supplemental Agreement (Spirent PLC)
Procedure for novations. (a) A novation is effected if:
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Part 1 of Schedule 4 6 (a "NOVATION CERTIFICATE")) and such delivery may be by fax and such faxed copy may be duly executed by the Agent; and
(ii) the Agent executes itit (which the Agent shall promptly do).
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:
(i) the Existing Bank and the other Parties (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS");
(ii) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Loan Facility Agreement (Diamond Cable Communications PLC)
Procedure for novations. (a) A novation is effected if:
(i) the Existing Bank and the New Bank deliver to the Agent a duly duly- completed certificate, certificate substantially in the form of Schedule 4 5 (a "NOVATION CERTIFICATE"); and
(ii) the Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly duly-completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the a Novation Certificate:
(i) the Existing Bank and the other Parties (the "EXISTING PARTIES") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS");
(ii) the New Bank and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;; -------------------------------------------------------------------------------- --------------------------------------------------------------------------------
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTS") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Samples: Revolving Advance and Letter of Credit Facility (Independent Energy Holdings PLC)
Procedure for novations. (a) A novation is effected if:
(i) the Existing Bank Lender and the New Bank Lender deliver to the Facility Agent a duly completed certificate, substantially in the form of Schedule 4 5 (a "NOVATION CERTIFICATE"Novation Certificate); and
(ii) the Facility Agent executes it.
(b) Each Party (other than the Existing Bank Lender and the New BankLender) irrevocably authorises authorizes the Facility Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:
(i) the Existing Bank Lender and the other Parties (the "EXISTING PARTIES"existing Parties) will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS"discharged obligations);
(ii) the New Bank Lender and the existing Parties will assume obligations towards each other which differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank Lender instead of the Existing BankLender;
(iii) the rights of the Existing Bank Lender against the existing Parties and vice versa (the "DISCHARGED RIGHTS"discharged rights) will be cancelled; and
(iv) the New Bank Lender and the existing Parties will acquire rights against each other which differ from the discharged rights only insofar as they are exercisable by or against the New Bank Lender instead of the Existing BankLender, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Facility Agent or, if later, the date specified in the Novation CertificateCertificate (the Transfer Date).
Appears in 1 contract
Samples: Facilities Agreement (Autoliv Inc)
Procedure for novations. (a) A novation is effected if:if:-
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially in the form of Part I of Schedule 4 5 (a "NOVATION CERTIFICATENovation Certificate"); andand --------------------
(ii) the Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:Certificate:-
(i) the Existing Bank and the other Parties (the "EXISTING PARTIESexisting -------- Parties") will be released from their obligations to each ------- other (the "DISCHARGED OBLIGATIONSdischarged obligations");; ----------------------
(ii) the New Bank and the existing Parties will assume obligations towards each other which (subject to Clause 29.5) differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTSdischarged rights") will be cancelled; ----------------- and
(iv) the New Bank and the existing Parties will acquire rights against each other which (subject to Clause 29.5) differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract
Procedure for novations. (a) A novation is effected if:if:-
(i) the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, certificate substantially in the form of Part I of Schedule 4 5 (a "NOVATION CERTIFICATENovation Certificate"); and
(ii) the Agent executes it.
(b) Each Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate on its behalf.
(c) To the extent that they are expressed to be the subject of the novation in the Novation Certificate:Certificate:-
(i) the Existing Bank and the other Parties (the "EXISTING PARTIESexisting Parties") will be released from their obligations to each other (the "DISCHARGED OBLIGATIONSdischarged obligations");
(ii) the New Bank and the existing Parties will assume obligations towards each other which (subject to Clause 39.5 (No extra cost) differ from the discharged obligations only insofar as they are owed to or assumed by the New Bank instead of the Existing Bank;
(iii) the rights of the Existing Bank against the existing Parties and vice versa (the "DISCHARGED RIGHTSdischarged rights") will be cancelled; and
(iv) the New Bank and the existing Parties will acquire rights against each other which (subject to Clause 29.5 (No extra cost)) differ from the discharged rights only insofar as they are exercisable by or against the New Bank instead of the Existing Bank, -------------------------------------------------------------------------------- 46 BK:796867.10 -------------------------------------------------------------------------------- all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate.
Appears in 1 contract