Common use of Repayment of Facility B Loans and Facility C Loans Clause in Contracts

Repayment of Facility B Loans and Facility C Loans. (a) Subject to paragraph (c) below, each Borrower which has drawn a Facility B Loan or a Facility C Loan shall repay that Loan on the last day of that Loan’s Interest Period. (b) Without prejudice to each Borrower’s obligation under paragraph (a) above, if one or more Facility B Loans or Facility C Loans are to be made available to a Borrower: (i) on the same day that a maturing Facility B Loan or Facility C Loan is due to be repaid by that Borrower; (ii) in the same currency as the maturing Facility B Loan or Facility C Loan; and (iii) in whole or in part for the purpose of refinancing the maturing Facility B Loan or Facility C Loan; the aggregate amount of the new Facility B Loans or Facility C Loans shall be treated as if applied in or towards repayment of the maturing Facility B Loan or Facility C Loan so that: (A) if the amount of the maturing Facility B Loan or Facility C Loan exceeds the aggregate amount of the new Facility B Loans or Facility C Loans: (1) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and (2) each Lender’s participation (if any) in the new Facility B Loans or Facility C Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation (if any) in the maturing Facility B Loan or Facility C Loan and that Lender will not be required to make its participation in the new Facility B Loans or Facility C Loans available in cash; and (B) if the amount of the maturing Facility B Loan or Facility C Loan is equal to or less than the aggregate amount of the new Facility B Loans or Facility C Loans: (1) the relevant Borrower will not be required to make any payment in cash; and (2) each Lender will be required to make its participation in the new Facility B Loans or Facility C Loans available in cash only to the extent that its participation (if any) in the new Facility B Loans or Facility C Loans exceeds that Lender’s participation (if any) in the maturing Facility B Loan or Facility C Loan and the remainder of that Lender’s participation in the new Facility B Loans or Facility C Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation in the maturing Facility B Loan or Facility C Loan. (c) At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Facility B Loans or Facility C Loans then outstanding will be automatically extended to the Termination Date in relation to Facility B or Facility C and will be treated as separate Facility B Loans or Facility C Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding. (d) A Borrower to whom a Facility B Loan or Facility C Loan is outstanding may prepay that Loan by giving five Business Days’ prior notice to the Agent. The Agent will forward a copy of a prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt. (e) Interest in respect of a Separate Loan will accrue for successive Interest Periods selected by the Borrower by the time and date specified by the Agent (acting reasonably) and will be payable by that Borrower to the Defaulting Lender on the last day of each Interest Period of that Loan. (f) The terms of this Agreement relating to Facility B Loans and/or Facility C Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, in which case those paragraphs shall prevail in respect of any Separate Loan. (g) On the Termination Date, each Borrower under Facility B or Facility C shall repay all amounts (if any) owing or outstanding under that Facility B or Facility C together with accrued interest.