Common use of Repayment of Ancillary Facility Clause in Contracts

Repayment of Ancillary Facility. (a) An Ancillary Facility shall cease to be available on the Termination Date or such earlier date on which its expiry date occurs or on which it is cancelled in accordance with the terms of this Agreement. (b) If an Ancillary Facility expires in accordance with its terms the Ancillary Commitment of the Ancillary Lender shall be reduced to zero (and its Available Commitment shall be increased accordingly). (c) No Ancillary Lender may demand repayment or prepayment of any amounts made available, or demand cash cover for any liabilities incurred, by it under its Ancillary Facility (except where the Ancillary Facility is provided on a net limit basis to the extent required to bring any gross outstandings down to the net limit) unless: (i) the Total Commitments have been cancelled in full, or all outstanding Loans have become due and payable in accordance with the terms of this Agreement, or the Agent has declared all outstanding Loans immediately due and payable, or the expiry date of the Ancillary Facility occurs; or (ii) it becomes unlawful in any applicable jurisdiction for the Ancillary Lender to perform any of its obligations as contemplated by this Agreement or to fund, issue or maintain its participation in its Ancillary Facility.

Appears in 1 contract

Samples: Facility Agreement (Kronos Worldwide Inc)

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Repayment of Ancillary Facility. (a) An Ancillary Facility shall cease to be available on the Termination Date or such earlier date on which its expiry date occurs or on which it is cancelled in accordance with the terms of this Agreement.. LRXM/076001.00588/92345437.6Page 34 (b) If an Ancillary Facility expires in accordance with its terms the Ancillary Commitment of the Ancillary Lender shall be reduced to zero (and its Available Commitment shall be increased accordingly)zero. (c) No Ancillary Lender may demand repayment or prepayment of any amounts made available, or demand cash cover for any liabilities incurred, by it under its Ancillary Outstandings prior to the expiry date of the relevant Ancillary Facility (except where the Ancillary Facility is provided on a net limit basis to the extent required to bring any gross outstandings down to the net limit) unless: (i) required to reduce the Gross Outstandings of a Multi-account Overdraft to or towards an amount equal to its Net Outstandings; (ii) the Total Commitments have been cancelled in full, or all outstanding Loans have become due and payable in accordance with the terms of this Agreement, or the Agent has declared all outstanding Loans immediately due and payable, or the expiry date of the Ancillary Facility occurs; or; (iiiii) it becomes unlawful in any applicable jurisdiction for the Ancillary Lender to perform any of its obligations as contemplated by this Agreement or to fund, issue or maintain its participation in its Ancillary Facility.Facility (or it becomes unlawful for any Affiliate of the Ancillary Lender for the Ancillary Lender to do so); or (iv) both (A) the Available Commitments; and (B) the notice of the demand given by the Ancillary Lender

Appears in 1 contract

Samples: Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)

Repayment of Ancillary Facility. (a) 7.4.1 An Ancillary Facility shall cease to be available on the Termination Date or such earlier date on which its expiry date occurs or on which it is cancelled in accordance with the terms of this Agreement. (b) 7.4.2 If an Ancillary Facility expires in accordance with its terms the Ancillary Commitment of the Ancillary Lender shall be reduced to zero (and its Available Commitment shall be increased accordingly)zero. (c) No Ancillary 7.4.3 The Lender may not demand repayment or prepayment of any amounts made available, or demand cash cover for any liabilities incurred, by it under its Ancillary Outstandings prior to the expiry date of the relevant Ancillary Facility unless:- (except where the Ancillary Facility is provided on a net limit basis to the extent a) required to bring any gross outstandings down reduce the Gross Outstandings of a Multi-account Overdraft to the net limit) unless:or towards an amount equal to its Net Outstandings; (ib) the Total Commitments have been cancelled in full, or all outstanding Loans Utilisations have become due and payable in accordance with the terms of this Agreement, or the Agent has declared all outstanding Loans immediately due and payable, or the expiry date of the Ancillary Facility occurs; or (iic) it becomes unlawful in any applicable jurisdiction for the Ancillary Lender to perform any of its obligations as contemplated by this Agreement or to fund, issue or maintain its participation in its Ancillary Facility; or (d) both: (i) the Available Commitments; and (ii) the notice of the demand given by the Lender, would not prevent the relevant Borrower funding the repayment of those Ancillary Outstandings in full by way of Utilisation; 7.4.4 If a Utilisation is made to repay Ancillary Outstandings in full, the relevant Ancillary Commitment shall be reduced to zero.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Claires Stores Inc)

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Repayment of Ancillary Facility. (a) An Ancillary Facility shall cease to be available on the Termination Final Repayment Date or such earlier date on which its expiry date occurs or on which it is cancelled in accordance with the terms of this Agreementagreement. (b) If an Ancillary Facility expires in accordance with its terms the Ancillary Commitment of the Ancillary relevant Facility C Lender shall be reduced to zero (and its Available Commitment under Facility C shall be increased accordingly). (c) No Ancillary A Facility C Lender may not demand repayment or prepayment of any amounts made available, or demand cash cover for any liabilities incurred, made available or incurred by it under its Ancillary Facility (except where the Ancillary Facility is provided on a net limit basis to the extent required to bring any gross outstandings down to the net limit) unless: (i) the Total Commitments under Facility C have been cancelled in full, or all outstanding Loans Advances under Facility C have become due and payable in accordance with the terms of this Agreement, or the Agent has declared all outstanding Loans immediately due and payableagreement, or the expiry date of the Ancillary Facility occurs; or (ii) it becomes unlawful in any applicable jurisdiction for the Ancillary that Facility C Lender to perform any of its obligations as contemplated by this Agreement agreement or to fund, issue or maintain its participation in its Ancillary Facility.

Appears in 1 contract

Samples: Facilities Agreement (Alignvest Acquisition Corp)

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