Common use of Procedure for novations Clause in Contracts

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 5 (a "NOVATION CERTIFICATE"), (ii) the Agent executes it; and (iii) the novation is in accordance with Clause 26.2(a) (Transfers by Banks). (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, 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 2 contracts

Samples: Revolving Credit Facility (WDR Acquisition Corp), Revolving Credit Facility (S Acquisition Corp)

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Procedure for novations. (a) A novation is effected if: (i) if the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially Novation Certificate in the form of Part I of Schedule 5 (a "NOVATION CERTIFICATE"), (ii) and the Agent executes it; and (iii) the novation is in accordance with Clause 26.2(a) (Transfers by Banks). (b) Each party 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"existing Parties) will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS"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"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, all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate. The completed Novation Certificate must be delivered to the Agent at least 5 Business Days before the date on which it is stated to be effective or such other date agreed by the Agent. If no agreement can be reached by the Agent the novation will not be effective.

Appears in 2 contracts

Samples: Multicurrency Revolving Credit Facility Agreement (Scottish Power PLC), Multicurrency Revolving Credit Facility (Scottish Power PLC)

Procedure for novations. (a) A novation is effected if: (i) if the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially Novation Certificate in the form of Part I of Schedule 5 (a "NOVATION CERTIFICATE"), (ii) and the Agent executes it; and (iii) the novation is in accordance with Clause 26.2(a) (Transfers by Banks). (b) Each party 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"existing Parties) will be released from their obligations to each other (the "DISCHARGED OBLIGATIONS"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"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, all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate. The completed Novation Certificate must be delivered to the Agent at least five Business Days before the date on which it is stated to be effective or such other date agreed by the Agent. If no agreement can be reached by the Agent the novation will not be effective.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Facility (Scottish Power PLC)

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Procedure for novations. (a) A novation is effected if: (i) if the Existing Bank and the New Bank deliver to the Agent a duly completed certificate, substantially Novation Certificate in the form of Part I of Schedule 5 (a "NOVATION CERTIFICATE"), (ii) and the Agent executes it; and (iii) the novation is in accordance with Clause 26.2(a) (Transfers by Banks). (b) Each party Party (other than the Existing Bank and the New Bank) irrevocably authorises the Agent to execute any duly completed Novation Certificate in the form of Schedule 5 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 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, all on the date of execution of the Novation Certificate by the Agent or, if later, the date specified in the Novation Certificate. The completed Novation Certificate must be delivered to the Agent at least 5 Business Days before the date on which it is stated to be effective or such other date agreed by the Agent. If no agreement can be reached by the Agent the novation will not be effective.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Facility (Scottish Power PLC)

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