Relationship with the Lenders. (a) The Agent may treat each person shown in its records as a Lender at the opening of business (in the place of the Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office: (i) entitled to or liable for any payment due under any Finance Document on that day; and (ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days prior notice from that Lender to the contrary in accordance with the terms of this Agreement. (b) Each Lender shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable). Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent. (c) Each Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 (Addresses) and paragraph (a)(ii) of Clause 33.6 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Crown Entertainment LTD)
Relationship with the Lenders. (a) The Subject to Clause 30.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s 's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 39.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 39.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 39.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that LenderLxxxxx.
Appears in 3 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Relationship with the Lenders. (a) The Subject to clause 27.9 (Pro rata interest settlement), each of the Facility Agent and Collateral Management Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Agent’s Facility Agent or Collateral Management Agent (as the case may be) principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information that required by the Intercreditor Facility Agent or Common Security Agent may reasonably specify in order to calculate the Mandatory Cost in accordance with Schedule 4 (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicableMandatory Cost formula). Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(c) Each Any Lender may by notice to the Facility Agent and Collateral Management Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 clause 36.6 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 clause 36.2 (Addresses) and paragraph (a)(ii) of Clause 33.6 clause 36.6 (Electronic communication) and the Facility Agent and Collateral Management Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Borrowing Base Facility Agreement (Aegean Marine Petroleum Network Inc.)
Relationship with the Lenders. (a) The Facility Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(c) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such .
(d) Any such notice shall in the above paragraph (c):
(i) must contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 (Electronic communication)this Agreement) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made); and
(ii) and will be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 (Addresses) and paragraph (a)(ii) of Clause 33.6 (Electronic communication) the Finance Documents, and the Facility Agent shall be is entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (GDS Holdings LTD), Term Loan Facility Agreement (GDS Holdings LTD)
Relationship with the Lenders. (a) The Facility Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formula).
(c) Each Lender shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent Trustee may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) Trustee to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Trustee. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent Trustee exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security AgentTrustee.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 34.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 34.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 34.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender. Any person appointed in accordance with this paragraph (d) shall be subject to the same confidentiality obligations as the appointing Lender under this Agreement and the other Finance Documents.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Relationship with the Lenders. (a) The COFACE Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the COFACE Agent’s 's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the COFACE Agent with any information required by the COFACE Agent in order to calculate the Mandatory Cost in accordance with Schedule 7 (Mandatory Cost Formula).
(c) Each Lender shall supply the COFACE Agent with any information that the Intercreditor Security Agent or Common Security the U.S. Collateral Agent may reasonably specify (through the COFACE Agent) as being necessary or desirable to enable the Intercreditor Security Agent or Common Security the U.S. Collateral Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Security Agent and the Common Security U.S. Collateral Agent exclusively through the COFACE Agent and shall not deal directly with the Intercreditor Security Agent or the Common Security U.S. Collateral Agent.
(cd) Each Any Lender may by notice to the COFACE Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched dispatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 32.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 32.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 32.5 (Electronic communication) and the COFACE Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Relationship with the Lenders. (a) The Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost formula).
(c) Each Lender shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 35.6 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 35.2 (Addresses) and paragraph (a)(iiClause 35.6(a)(iii) of Clause 33.6 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.)
Relationship with the Lenders. (a) The BPIAE Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the BPIAE Agent’s 's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the BPIAE Agent with any information required by the BPIAE Agent in order to calculate the Mandatory Cost in accordance with Schedule 7 (Mandatory Cost Formula).
(c) Each Lender shall supply the BPIAE Agent with any information that the Intercreditor Security Agent or Common Security the U.S. Collateral Agent may reasonably specify (through the BPIAE Agent) as being necessary or desirable to enable the Intercreditor Security Agent or Common Security the U.S. Collateral Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Security Agent and the Common Security U.S. Collateral Agent exclusively through the BPIAE Agent and shall not deal directly with the Intercreditor Security Agent or the Common Security U.S. Collateral Agent.
(cd) Each Any Lender may by notice to the BPIAE Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched dispatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 32.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 32.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 32.5 (Electronic communication) and the BPIAE Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Relationship with the Lenders. (a) The COFACE Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the COFACE Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the COFACE Agent with any information required by the COFACE Agent in order to calculate the Mandatory Cost in accordance with Schedule 7 (Mandatory Cost Formula).
(c) Each Lender shall supply the COFACE Agent with any information that the Intercreditor Security Agent or Common Security the U.S. Collateral Agent may reasonably specify (through the COFACE Agent) as being necessary or desirable to enable the Intercreditor Security Agent or Common Security the U.S. Collateral Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Security Agent and the Common Security U.S. Collateral Agent exclusively through the COFACE Agent and shall not deal directly with the Intercreditor Security Agent or the Common Security U.S. Collateral Agent.
(cd) Each Any Lender may by notice to the COFACE Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched dispatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 32.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 32.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 32.5 (Electronic communication) and the COFACE Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Loan Agreement (Iridium Communications Inc.), Facility Agreement (Iridium Communications Inc.)
Relationship with the Lenders. (a) The Subject to Clause 27.10 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formulae).
(c) Each Lender shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 35.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 35.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 35.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Relationship with the Lenders. (a) The Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formulae).
(c) Each Lender shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 31.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 31.2 (Addresses) and paragraph (a)(iib) of Clause 33.6 31.5 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Relationship with the Lenders. (a) The Subject to Clause 30.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(c) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 38.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 38.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 38.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 2 contracts
Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Relationship with the Lenders. (a) The Agent may treat each the person shown in its records as a Lender at Lexxxx xt the opening of business (in the place of the Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formulae).
(c) Each Lender shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 30.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 30.2 (Addresses) and paragraph (a)(iib) of Clause 33.6 30.5 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that LenderLexxxx.
Appears in 1 contract
Samples: Facility Agreement (Sappi LTD)
Relationship with the Lenders. (a) The Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formulae).
(c) Each Lender shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 31.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 31.2 (Addresses) and paragraph (a)(iib) of Clause 33.6 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.Clause
Appears in 1 contract
Samples: Facilities Agreement (Sappi LTD)
Relationship with the Lenders. (a) The Subject to Clause 30.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s 's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 38.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 38.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 38.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that LenderXxxxxx.
Appears in 1 contract
Relationship with the Lenders. 24.15.1 Subject to Clause 21.9 (a) The Pro rata interest settlement), the Initial ACF Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Initial ACF Agent’s principal office as notified to the Initial ACF Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Initial ACF Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Initial ACF Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) 24.15.2 Each Lender shall supply the Initial ACF Agent with any information that the Intercreditor Agent or Common Borrower Security Agent Trustee may reasonably specify (through the Initial ACF Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Borrower Security Agent (as applicable) Trustee to perform its functions as Intercreditor Agent or Common Borrower Security Agent (as applicable)Trustee. Each Lender shall deal with the Intercreditor Agent and the Common Borrower Security Agent Trustee exclusively through the Initial ACF Agent and shall not deal directly with the Intercreditor Agent or the Common Borrower Security AgentTrustee.
(c) Each 24.15.3 Any Lender may may, by notice to the Agent Initial ACF Agent, appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Initial ACF Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 30 (Electronic communication)Notices) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes purpose of Clause 33.2 30 (Addresses) and paragraph (a)(ii) of Clause 33.6 (Electronic communicationNotices) and the Initial ACF Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 1 contract
Relationship with the Lenders. (a) The Agent may treat each person shown in its records Lender as a Lender at the opening of business (in the place of the Agent’s principal office as notified Lender, entitled to the Finance Parties from time to time) as the Lender payments under this Agreement and acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, Office unless it has received not less than five (5) Business Days prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost formulae).
(c) Each Secured Party shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent Trustee may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) Trustee to perform its functions as Intercreditor Agent security trustee or Common Security Agent security agent (as applicablethe case may be). Each Lender shall deal with the Intercreditor Agent and the Common Security Agent Trustee exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security AgentTrustee.
(cd) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 34.5 (Electronic communicationCommunication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 34.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 34.5 (Electronic communicationCommunication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 1 contract
Relationship with the Lenders. (a) The Subject to Clause 30.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 38.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 38.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 38.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that LenderXxxxxx.
Appears in 1 contract
Relationship with the Lenders. (a) The Subject to Clause 30.2 (Distributions by the Facility Agent), each Transaction Agent may treat each person shown in its the records of the Facility Agent as a Lender at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the a Lender acting through its Facility Office:
(i) entitled to or liable for any an payment due under any Finance Document on that dayday as a Lender; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered as a Lender on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender Finance Party shall supply the provide each Transaction Agent with any such information that the Intercreditor Agent or Common Security such Transaction Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor such Transaction Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable). Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security Transaction Agent.
(c) Each Any Lender may by notice to the each Transaction Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 32.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 32.2 (Addresses)) and paragraph (a)(ii) of Clause 33.6 (Electronic communication) and the each Transaction Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 1 contract
Samples: Senior Facilities Agreement (OneSmart International Education Group LTD)
Relationship with the Lenders. (a) The Agent may treat each person shown in its records Lender as a Lender at the opening of business (in the place of the Agent’s principal office as notified Lender, entitled to the Finance Parties from time to time) as the Lender payments under this Agreement and acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, Office unless it has received not less than five (5) Business Days prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formulae).
(c) Each Secured Party shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent Trustee may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) Trustee to perform its functions as Intercreditor Agent security trustee or Common Security Agent security agent (as applicablethe case may be). Each Lender shall deal with the Intercreditor Agent and the Common Security Agent Trustee exclusively through the Agent and shall not deal directly with the Intercreditor Agent or the Common Security AgentTrustee.
(cd) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 33.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 33.5 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
Appears in 1 contract
Relationship with the Lenders. (a) 24.15.1 The Initial ACF Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Initial ACF Agent’s principal office as notified to the Initial ACF Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Initial ACF Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Initial ACF Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) 24.15.2 Each Lender shall supply the Initial ACF Agent with any information that the Intercreditor Agent or Common Borrower Security Agent Trustee may reasonably specify (through the Initial ACF Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Borrower Security Agent (as applicable) Trustee to perform its functions as Intercreditor Agent or Common Borrower Security Agent (as applicable)Trustee. Each Lender shall deal with the Intercreditor Agent and the Common Borrower Security Agent Trustee exclusively through the Initial ACF Agent and shall not deal directly with the Intercreditor Agent or the Common Borrower Security AgentTrustee.
(c) Each 24.15.3 Any Lender may may, by notice to the Agent Initial ACF Agent, appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Initial ACF Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 30 (Electronic communication)Notices) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender Xxxxxx for the purposes purpose of Clause 33.2 30 (Addresses) and paragraph (a)(ii) of Clause 33.6 (Electronic communicationNotices) and the Initial ACF Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that LenderXxxxxx.
Appears in 1 contract
Samples: Amendment and Restatement Deed
Relationship with the Lenders. (a) The Subject to Clause 32.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number address and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 41.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 41.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 41.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender..
Appears in 1 contract
Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)
Relationship with the Lenders. (a) The Subject to Clause 32.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s 's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number address and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 41.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 41.2 (Addresses) and paragraph (a)(ii) of Clause 33.6 41.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.. 146 EUROPE/73091764v9
Appears in 1 contract
Samples: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)
Relationship with the Lenders. (a) The Subject to Clause 32.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 41.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 41.2 (Addresses) and paragraph (a)(ii41.5(a)(ii) of Clause 33.6 41.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.Xxxxxx.
Appears in 1 contract
Relationship with the Lenders. (a) The Agent may treat each the person shown in its records as a Lender at the opening of business (in the place of the Agent’s principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable). Each Lender shall deal with the Intercreditor Agent and the Common Security Agent exclusively through required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Intercreditor Agent or the Common Security AgentSchedule 6 (Mandatory Cost formulae).
(c) Each Any Lender may by notice to the Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 31.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 31.2 (Addresses) and paragraph (a)(iia)(iii) of Clause 33.6 31.5 (Electronic communication) and the Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that Lender.
(d) Each Secured Party shall supply the Agent with any information that the Security Trustee may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee to perform its functions as security trustee. Each Lender shall deal with the Security Trustee exclusively through the Agent and shall not deal directly with the Security Trustee.
Appears in 1 contract
Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Relationship with the Lenders. (a) The Subject to Clause 31.9 (Pro rata interest settlement), the Facility Agent may treat each the person shown in its records as a Lender or Hedge Counterparty at the opening of business (in the place of the Facility Agent’s 's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility OfficeOffice or, as the case may be, the Hedge Counterparty:
(i) entitled to or liable for any payment due under any Finance Document on that day; and
(ii) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Finance Document made or delivered on that day, unless it has received not less than five (5) Business Days Days' prior notice from that Lender or Hedge Counterparty to the contrary in accordance with the terms of this Agreement.
(b) Each Lender shall supply the Facility Agent with any information required by the Facility Agent in order to calculate the Mandatory Cost.
(c) Each Lender and each Hedge Counterparty shall supply the Facility Agent with any information that the Intercreditor Agent or Common Security Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Intercreditor Agent or Common Security Agent (as applicable) to perform its functions as Intercreditor Agent or Common Security Agent (as applicable)Agent. Each Lender and Hedge Counterparty shall deal with the Intercreditor Agent and the Common Security Agent exclusively through the Facility Agent and shall not deal directly with the Intercreditor Agent or the Common Security Agent.
(cd) Each Any Lender may by notice to the Facility Agent appoint a person to receive on its behalf all notices, communications, information and documents to be made or despatched to that Lender under the Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under Clause 33.6 40.5 (Electronic communication)) electronic mail address and/or any other information required to enable the sending and receipt of information by that means (and, in each case, the department or officer, if any, for whose attention communication is to be made) and be treated as a notification of a substitute address, fax number, electronic mail address, department and officer by that Lender for the purposes of Clause 33.2 40.2 (Addresses) and paragraph (a)(ii) of Clause 33.6 40.5 (Electronic communication) and the Facility Agent shall be entitled to treat such person as the person entitled to receive all such notices, communications, information and documents as though that person were that LenderLxxxxx.
Appears in 1 contract