Procedure for transfer using a Transfer Certificate. (a) In this Subclause: Transfer Date means, in relation to a transfer, the later of: (i) the proposed Transfer Date specified in that Transfer Certificate; and (ii) the date on which the Facility Agent enters into that Transfer Certificate. (b) A transfer of rights or obligations using a Transfer Certificate will be effective if: (i) the Existing Lender and the New Lender deliver to the Facility Agent a duly completed Transfer Certificate; and (ii) the Facility Agent enters into it. (c) On the Transfer Date: (i) the New Lender will assume the rights and obligations of the Existing Lender expressed to be the subject of the novation in the Transfer Certificate in substitution for the Existing Lender; (ii) the Existing Lender will be released from those obligations and cease to have those rights; and (iii) the New Lender will become a Lender under this Agreement and be bound by the terms of this Agreement as Lender. (d) The Facility Agent must enter into a Transfer Certificate delivered to it and which appears on its face to be in order as soon as reasonably practicable and, as soon as reasonably practicable after it has entered into a Transfer Certificate, send a copy of that Transfer Certificate to the Company. (e) Each Party (other than the Existing Lender and the New Lender) irrevocably authorises the Facility Agent to enter into and deliver any duly completed Transfer Certificate on its behalf.
Appears in 3 contracts
Samples: Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.), Credit Facility Agreement (Baidu, Inc.)
Procedure for transfer using a Transfer Certificate. (a) In this Subclause: Transfer Date means, in relation to a transfer, the later of:
(i) the proposed Transfer Date specified in that Transfer Certificate; and
(ii) the date on which the Facility Agent enters into executes that Transfer Certificate.
(b) A transfer of rights or obligations using a Transfer Certificate will be effective if:
(i) the Existing Lender and the New Lender deliver to the Facility Agent a duly completed Transfer Certificate; and
(ii) the Facility Agent enters into it.
(c) On the Transfer Date:
(i) the New Lender will assume the rights and obligations of the Existing Lender expressed to be the subject of the novation in the Transfer Certificate in substitution for the Existing Lender;
(ii) the Existing Lender will be released from those obligations and cease to have those rights; and
(iii) the New Lender will become a Lender under this Agreement and be bound by the terms of this Agreement as Lender.Agreement
(d) The Facility Agent must enter into a Transfer Certificate delivered to it and which appears on its face to be in order and make a corresponding entry in the Register pursuant to Clause 22.10(g) (Information) as soon as reasonably practicable and, as soon as reasonably practicable after it has entered into a Transfer Certificate, send a copy of that Transfer Certificate to the CompanyParent.
(e) Each Party (other than the Existing Lender and the New Lender) irrevocably authorises the Facility Agent to enter into and deliver any duly completed Transfer Certificate on its behalf.
Appears in 2 contracts
Samples: Credit Agreement, Credit Facility Agreement (Eros International PLC)
Procedure for transfer using a Transfer Certificate. (a) In this Subclause: Transfer Date means, in relation to a transfer, the later of:
(i) the proposed Transfer Date specified in that Transfer Certificate; and
(ii) the date on which the Facility Agent enters into executes that Transfer Certificate.
(b) A transfer of rights or obligations using a Transfer Certificate will be effective if:
(i) the Existing Lender and the New Lender deliver to the Facility Agent a duly completed Transfer Certificate; and
(ii) the Facility Agent enters into it.
(c) On the Transfer Date:
(i) the New Lender will assume the rights and obligations of the Existing Lender expressed to be the subject of the novation in the Transfer Certificate in substitution for the Existing Lender;
(ii) the Existing Lender will be released from those obligations and cease to have those rights; and
(iii) the New Lender will become a Lender under this Agreement and be bound by the terms of this Agreement as Lender.
(d) The Facility Agent must enter into a Transfer Certificate delivered to it and which appears on its face to be in order as soon as reasonably practicable and, as soon as reasonably practicable after it has entered into a Transfer Certificate, send a copy of that Transfer Certificate to the Company.
(e) Each Party (other than the Existing Lender and the New Lender) irrevocably authorises the Facility Agent to enter into and deliver any duly completed Transfer Certificate on its behalf.
Appears in 2 contracts
Samples: Credit Facility Agreement (PPG Industries Inc), Credit Facility (PPG Industries Inc)
Procedure for transfer using a Transfer Certificate. (a) In this Subclause: Transfer Date means, in relation to a transfer, the later of:
(i) the proposed Transfer Date specified in that Transfer Certificate; and
(ii) the date on which the Facility Agent enters into that Transfer Certificate.
(b) A transfer of rights or obligations using a Transfer Certificate will be effective if:
(i) the Existing Lender and the New Lender deliver to the Facility Agent a duly completed Transfer Certificate; and
(ii) the Facility Agent enters into it.
(c) On the Transfer Date:
(i) the New Lender will assume the rights and obligations of the Existing Lender expressed to be the subject of the novation in the Transfer Certificate in substitution for the Existing Lender;
(ii) the Existing Lender will be released from those obligations and cease to have those rights; and
(iii) the New Lender will become a Lender under this Agreement and be bound by the terms of this Agreement as LenderAgreement.
(d) The Facility Agent must enter into a Transfer Certificate delivered to it and which appears on its face to be in order as soon as reasonably practicable and, as soon as reasonably practicable after it has entered into a Transfer Certificate, send a copy of that Transfer Certificate to the Company.
(e) Each Party (other than the Existing Lender and the New Lender) irrevocably authorises the Facility Agent to enter into and deliver any duly completed Transfer Certificate on its behalf.
Appears in 2 contracts
Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)
Procedure for transfer using a Transfer Certificate. (a) In this Subclause: Transfer Date means, in relation to a transfer, the later of:
(i) the proposed Transfer Date specified in that Transfer Certificate; and
(ii) the date on which the Facility Agent Existing Lender enters into that Transfer Certificate.
(b) A transfer of rights or obligations using a Transfer Certificate will be effective if:
(i) the New Lender delivers to the Existing Lender and the New Lender deliver to the Facility Agent a duly completed Transfer Certificate; and
(ii) the Facility Agent Existing Lender enters into it.
(c) On the Transfer Date:
(i) the New Lender will assume the rights and obligations of the Existing Lender expressed to be the subject of the novation in the Transfer Certificate in substitution for the Existing Lender;
(ii) the Existing Lender will be released from those obligations and cease to have those rights; and
(iii) the New Lender will become a the Lender under this Agreement and be bound by the terms of this Agreement as Lender.
(d) The Facility Agent must Existing Lender shall, subject to subclause 25.4, enter into a Transfer Certificate delivered to it and which appears on its face to be in order as soon as reasonably practicable and, as soon as reasonably practicable after it has entered into a Transfer Certificate, send a copy of that Transfer Certificate to the Company.
(e) Each Party (other than the Existing Lender and the New Lender) irrevocably authorises the Facility Agent to enter into and deliver any duly completed Transfer Certificate on its behalf.
Appears in 1 contract
Samples: Facility Agreement (Baidu, Inc.)