Relationship with the Lenders. (a) The Agent may treat the person shown in its records as 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 Transaction 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 Transaction Document made or delivered on that day, unless it has received not less than five 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 Security Trustee may 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. (c) 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 Transaction Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 (Electronic communication) of the Proceeds Deed) 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 18.2 (Addresses) of the Proceeds Deed and clause 18.5 (Electronic communication) of the Proceeds Deed 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: Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)
Relationship with the Lenders. (a) The Subject to Clause 29.9 (Pro rata interest settlement), the Agent may treat the person shown in its records as Lender Lxxxxx at the opening of business (in the place of the 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 Security Trustee may 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.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 (Electronic communication) of the Proceeds Deed) 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 18.2 Clause 38.2 (Addresses) of the Proceeds Deed and clause 18.5 (Electronic communication) of the Proceeds Deed 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 Lxxxxx.
(c) The Agent may rely on or receive instructions from any attorney acting on behalf of a Lender, or any person acting on behalf of a Lender whose title or acting title includes the word Manager, Head, Executive, Director or President or cognate expressions, or any secretary or director of a Lender.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Relationship with the Lenders. (a) Subject to Clause 21.8 (Pro rata Interest Settlement), The Facility Agent may treat the each person shown in its records as 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 payments under any Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five (5) Agent 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 Security Trustee Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 (Electronic communication) of the Proceeds Deed) 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 18.2 (Addresses) of the Proceeds Deed and clause 18.5 (Electronic communication) of the Proceeds Deed this Agreement 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: Amendment and Restatement Agreement (Atlas Investissement), Facility Agreement (Atlas Investissement)
Relationship with the Lenders. (a) The Subject to Clause 24.9 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Mandatory Cost Formulae).
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 31.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 31.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 31.6 (Electronic communication) of the Proceeds Deed 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: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp)
Relationship with the Lenders. (a) The Subject to Clause 25.13 (Pro rata interest settlement), the Agent may treat the 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 a Lender acting through its Facility Office:
(i) , entitled to or liable for any payment due under any Transaction Finance Document on that day; and
(ii) day and entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) Each Lender 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 Trusteesecurity trustee or security agent (as the case may be). Each Lender shall deal with the Security Trustee exclusively through the Agent and shall not deal directly with the Security Trustee.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 33.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 33.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 33.5 (Electronic communication) of the Proceeds Deed 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: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Relationship with the Lenders. (a) The Subject to Clause 31.9 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 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.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 39.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 39.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 39.5 (Electronic communication) of the Proceeds Deed 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: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC)
Relationship with the Lenders. (a) The Facility Agent may treat the person shown in its records as 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 Transaction 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 Transaction 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 Facility Agent with any information that the Security Trustee Agent may specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction 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 18.5 (Electronic communication) of the Proceeds Deedthis 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 18.2 (Addresses) of the Proceeds Deed and clause 18.5 (Electronic communication) of the Proceeds Deed 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: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Relationship with the Lenders. (a) The Subject to Clause 28.11 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 Formula).
(c) Each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(cd) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 35.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed 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: Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Relationship with the Lenders. 30.14.1 Subject to Clause 28.9 (a) The Pro rata Interest Settlement), the Agent may treat the person shown in its records as 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:
(iA) entitled to or liable for any payment due under any Transaction Finance Document on that day; and
(iiB) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ Days prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) 30.14.2 Each Lender shall supply the Agent with any information that the Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 5 (Mandatory Cost formulae).
(c) 30.14.3 Any Lender Finance Party 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 Finance Party under the Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.5 (Electronic communication) of the Proceeds Deed)) 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 Finance Party for the purposes of clause 18.2 Clause 35.2 (AddressesContact details) of the Proceeds Deed and clause 18.5 Clause 35.5 (Electronic communication) of the Proceeds Deed 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 LenderFinance Party.
Appears in 1 contract
Samples: Junior Credit Agreement (Endeavour International Corp)
Relationship with the Lenders. (a) The Subject to Clause 26.10 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Document made or delivered on that day, unless it has received not less than five 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 Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 dispatched to that Lender under the Transaction 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 18.5 Clause 34.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 34.2 (Addresses) and paragraph (a)(ii) of the Proceeds Deed and clause 18.5 Clause 34.6 (Electronic communication) of the Proceeds Deed 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 LenderXxxxxx.
Appears in 1 contract
Relationship with the Lenders. (a) The Subject to Clause 31.10 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 Formula).
(c) Each Lender 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.
(cd) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 39.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 39.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 39.6 (Electronic communication) of the Proceeds Deed 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
Samples: Revolving Facilities Agreement (Manchester United Ltd.)
Relationship with the Lenders. (a) The Agent may treat the person shown in its records as 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 Transaction 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 Transaction 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Mandatory Cost formulae).
(c) 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 dispatched to that Lender under the Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 31.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 31.2 (Addresses) and para. (a)(iii) of the Proceeds Deed and clause 18.5 Clause 31.5 (Electronic communication) of the Proceeds Deed 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
Samples: Senior Revolving Credit Facility Agreement (Logitech International Sa)
Relationship with the Lenders. (a) The Subject to Clause 24.14 (Pro rata interest settlement), the Agent may treat the person shown in its records as Lender Xxxxxx at the opening of business (in the place of the 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 Transaction 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 Transaction 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 Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction 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 18.5 Clause 32.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 32.2 (Addresses) and paragraph (a) of the Proceeds Deed and clause 18.5 Clause 32.6 (Electronic communication) of the Proceeds Deed 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.Xxxxxx. 138 Project Meria: Senior Facilties Agreement
Appears in 1 contract
Relationship with the Lenders. (a) The Subject to Clause 29.9 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 formula).
(c) Each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(cd) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 37.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 37.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 37.6 (Electronic communication) of the Proceeds Deed 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
Samples: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.)
Relationship with the Lenders. (a) The Agent may treat the person shown in its records as 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 Transaction 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 Transaction 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 required by the Agent in order to calculate the Mandatory Cost in accordance with Schedule 4 (Mandatory Cost Formulae).
(c) Following an Intercreditor Agreement Accession, each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(cd) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 30.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 30.2 (Addresses) and paragraph (b) of the Proceeds Deed and clause 18.5 Clause 30.5 (Electronic communication) of the Proceeds Deed 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 22.9 (Pro rata interest settlement), the Facility Agent may treat the person shown in its records as Lender 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 Office:
(i) entitled to or liable for any payment due under any Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five Business 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 Security Trustee Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 30.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 30.2 (Addresses) and sub-paragraph (ii) of the Proceeds Deed and clause 18.5 paragraph (a) of Clause 30.5 (Electronic communication) of the Proceeds Deed 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 Loan Facility (DryShips Inc.)
Relationship with the Lenders. 29.14.1 Subject to Clause 26.10 (a) The Agent Pro rata interest settlement), each Administrative Finance Party may treat the person shown in its records as Lender at the opening of business (in the place of the Agent’s such Administrative Finance Party's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(iA) entitled to or liable for any payment due under any Transaction Finance Document on that day; and
(iiB) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ ' prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) 29.14.2 Each Lender shall supply the Facility Agent with any information that required by the Security Trustee may specify Facility Agent in order to calculate the Mandatory Cost in accordance with Schedule 7 (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 TrusteeMandatory Cost formula).
(c) 29.14.3 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 35.2 (Addresses) of the Proceeds Deed and clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed and the 11/11665581 110 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
Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp)
Relationship with the Lenders. (a) The Subject to Clause 28.9 (Pro rata interest settlement), the Facility Agent may treat the person shown in its records as Lender 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 Office:
(i) entitled to or liable for any payment due under any Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five Business 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 Security Trustee Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 36.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 36.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 36.5 (Electronic communication) of the Proceeds Deed 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
Relationship with the Lenders. (a) The Subject to Clause 28.11 (Pro rata interest settlement), the Facility Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five Business 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 Security Trustee Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 36.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 36.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 36.6 (Electronic communication) of the Proceeds Deed 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 Revolving Facilities Agreement (ShangPharma Corp)
Relationship with the Lenders. (a) The Subject to Clause 30.10 (Pro rata Interest Settlement) the Agent may treat the person shown in its records as Lender at the opening of business (in the place of the 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) [Intentionally blank]
(c) Each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(cd) 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 dispatched to that Lender under the Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 38.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 38.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 38.6 (Electronic communication) of the Proceeds Deed 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
Samples: Senior Term and Revolving Facilities Agreement (Inspired Entertainment, Inc.)
Relationship with the Lenders. 31.14.1 Subject to Clause 28.10 (a) The Pro rata interest settlement), the Agent may treat the person shown in its records as 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:Office:-
(ia) entitled to or liable for any payment due under any Transaction Finance Document on that day; and
(iib) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreement,
31.14.2 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).
(b) 31.14.3 Each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(c) 31.14.4 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 37.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 37.2 (Addresses) of the Proceeds Deed and clause 18.5 (Electronic communicationClause 37.6.1(b) of the Proceeds Deed 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
Samples: Multicurrency Facility Agreement (Gulfmark Offshore Inc)
Relationship with the Lenders. (a) The Subject to Clause 27.9 (Pro rata Interest Settlement), the Agent may treat the person shown in its records as Lender at the opening of business (in the place of the 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Mandatory Cost formulae).
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 34.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 34.2 (Addresses) and paragraph (a)(ii) of the Proceeds Deed and clause 18.5 Clause 34.6 (Electronic communication) of the Proceeds Deed 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
Samples: Facilities Agreement (Syngenta Ag)
Relationship with the Lenders. (a) The Facility Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ prior notice from that Lender to the contrary in accordance with the terms of this Agreementagreement.
(b) Each Lender shall supply the Facility Agent with any information that the Security Trustee Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 36.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 36.2 (Addresses) of the Proceeds Deed and clause 18.5 36.6(a)(iii) (Electronic communication) of the Proceeds Deed 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: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Relationship with the Lenders. (a) The Subject to Clause 27.11 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, . unless it has received not less than five 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Mandatory Cost formulae).
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 35.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 35.5 (Electronic communication) of the Proceeds Deed 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 26.9 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 formula).
(c) Each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(cd) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 35.2 (Addresses) and paragraph (a)(ii) of the Proceeds Deed and clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed 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 28.9 (Pro rata interest settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 formula).
(c) Each Lender shall supply the Agent with any information that the Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent 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 TrusteeAgent.
(cd) 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 dispatched to that Lender under the Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 35.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 35.5 (Electronic communication) of the Proceeds Deed 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
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co)
Relationship with the Lenders. (a) The Subject to Clause 32.10 (Pro rata Interest Settlement), the Agent may treat the person shown in its records as 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 Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Mandatory Cost formula).
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 39.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 39.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 39.5 (Electronic communication) of the Proceeds Deed 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 Agent may treat the person shown in its records each Lender as Lender at the opening of business (in the place of the Agent’s principal office as notified a 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 Transaction 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 Transaction Document made or delivered on that day, Office unless it has received not less than five 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Mandatory Cost formulae).
(c) The Agent, acting for these purposes solely as an agent of the other Finance Parties, shall maintain (and make available for inspection by the Obligors and the Lenders upon reasonable prior notice at reasonable times) at its address referred to in Clause 31.2(c) (Addresses) or one of its other offices a register for the recordation of, and shall record, the names and addresses of the Lenders and the respective amounts owing to each Lender from time to time (the “Register”). The Obligors, the Agent and the Lenders shall deem and treat the persons listed as the Lenders in the Register as the holders and owners of the corresponding Commitments and Loans listed therein for all purposes hereof.
(d) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 31.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 31.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 31.5 (Electronic communication) of the Proceeds Deed 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 24.14 (Pro rata interest settlement), the Agent may treat the person shown in its records as Lender Lxxxxx at the opening of business (in the place of the 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 Transaction 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 Transaction 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 Security Trustee Agent may reasonably specify (through the Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Agent and shall not deal directly with the Security TrusteeAgent.
(c) 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 Transaction 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 18.5 Clause 32.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 32.2 (Addresses) and paragraph (a) of the Proceeds Deed and clause 18.5 Clause 32.6 (Electronic communication) of the Proceeds Deed 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.Lxxxxx. 138 Project Meria: Senior Facilties Agreement
Appears in 1 contract
Relationship with the Lenders. (a) The Subject to Clause 28.9 (Pro rata interest settlement), the Facility Agent may treat the person shown in its records as Lender Xxxxxx 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 Office:
(i) entitled to or liable for any payment due under any Transaction 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 Transaction Finance Document made or delivered on that day, unless it has received not less than five Business 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 Security Trustee Agent may reasonably specify (through the Facility Agent) as being necessary or desirable to enable the Security Trustee Agent to perform its functions as Security TrusteeAgent. Each Lender shall deal with the Security Trustee Agent exclusively through the Facility Agent and shall not deal directly with the Security TrusteeAgent.
(cd) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 36.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 36.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 36.5 (Electronic communication) of the Proceeds Deed 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 27.9 (Pro rata Interest Settlement), the Agent may treat the person shown in its records as Lender at the opening of business (in the place of the 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 Transaction 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 Transaction 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 Security Trustee may 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 required by the Agent and shall not deal directly in order to calculate the Mandatory Cost in accordance with the Security TrusteeSchedule 4 (Xxxxxxx?), Cost formulae).
(c) 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 34.5 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 34.2 (Addresses) and paragraph (a)(iii) of the Proceeds Deed and clause 18.5 Clause 34.5 (Electronic communication) of the Proceeds Deed 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.
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Relationship with the Lenders. 29.14.1 Subject to Clause 26.10 (a) The Agent Pro rata interest settlement), each Administrative Finance Party may treat the person shown in its records as Lender at the opening of business (in the place of the Agent’s such Administrative Finance Party's principal office as notified to the Finance Parties from time to time) as the Lender acting through its Facility Office:
(iA) entitled to or liable for any payment due under any Transaction Finance Document on that day; and
(iiB) entitled to receive and act upon any notice, request, document or communication or make any decision or determination under any Transaction Finance Document made or delivered on that day, unless it has received not less than five Business Days’ ' prior notice from that Lender to the contrary in accordance with the terms of this Agreement.
(b) 29.14.2 Each Lender shall supply the Facility Agent with any information that required by the Security Trustee may specify Facility Agent in order to calculate the Mandatory Cost in accordance with Schedule 7 (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 TrusteeMandatory Cost formula).
(c) 29.14.3 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 Transaction Finance Documents. Such notice shall contain the address, fax number and (where communication by electronic mail or other electronic means is permitted under clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed)) 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 18.2 Clause 35.2 (Addresses) of the Proceeds Deed and clause 18.5 Clause 35.6 (Electronic communication) of the Proceeds Deed 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.
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Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp)