Repayment of Facility C Loans. (a) Subject to paragraph (b) below, the Borrower shall repay each Facility C Loan in accordance with the repayment schedule, and as may be amended or extended from time to time, applicable to that Facility C Loan, in each case, as agreed between the Borrower and the relevant Increase Lenders to which that Loan relates (and without the consent of any other Lender), as set out in the relevant Increase Confirmation. (b) The repayment schedule applicable to each Facility C Loan shall be such that: (i) the principal amortisation of the Facility C Loan shall not be as favourable or more favourable to the applicable Facility C Lenders than that of the Facility A Loans in respect of the Facility A Lenders (without taking into account any extension of the Facility A Termination Date); (ii) at all times, the then remaining average weighted life (taking into account the effect of any prepayment) of that Facility C Loan is longer than the then remaining average weighted life (taking into account the effect of any prepayment) of Facility A and Facility B taken as a whole (but without taking into account any extension of the Facility A Termination Date or the Facility B Termination Date); and (iii) the final scheduled repayment date of that Facility C Loan extends beyond the Facility A Termination Date (without taking into account any extension of the Facility A Termination Date). (c) Any Facility C Loan remaining outstanding on the Facility C Longstop Termination Date shall be repaid on that date. (d) The Borrower may not reborrow any part of Facility C which is repaid. (e) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to a revised Margin for that Loan. (f) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to any extension fees and other amounts payable to those Increase Lenders in connection with such extension.
Appears in 2 contracts
Samples: Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Facility Agreement (Las Vegas Sands Corp)
Repayment of Facility C Loans. (a) Subject to paragraph (b) below, the Borrower shall repay each Facility C Loan in accordance with the repayment schedule, and as may be amended or extended from time to time, applicable to that Facility C Loan, in each case, as agreed between the Borrower and the relevant Increase Lenders to which that Loan relates (and without the consent of any other Lender), as set out in the relevant Increase Confirmation.
(b) The repayment schedule applicable to each Facility C Loan shall be such that:
(i) the principal amortisation of the Facility C Loan shall not be as favourable or more favourable to the applicable Facility C Lenders than that of the Facility A Loans in respect of the Facility A Lenders (without taking into account any extension of the Facility A Termination Date);
(ii) at all times, the then remaining average weighted life (taking into account the effect of any prepayment) of that Facility C Loan is longer than the then remaining average weighted life (taking into account the effect of any prepayment) of Facility A A, Facility B and Facility B D taken as a whole (but without taking into account any extension of the Facility A Termination Date, the Facility B Termination Date or the Facility B D Termination Date); and
(iii) the final scheduled repayment date of that Facility C Loan extends beyond the Facility A Termination Date (without taking into account any extension of the Facility A Termination Date).. WTL/1019005126/Third Amended and Restated FA
(c) Any Facility C Loan remaining outstanding on the Facility C Longstop Termination Date shall be repaid on that date.
(d) The Borrower may not reborrow any part of Facility C which is repaid.
(e) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to a revised Margin for that Loan.
(f) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to any extension fees and other amounts payable to those Increase Lenders in connection with such extension.
Appears in 1 contract
Samples: Third Amendment and Restatement Agreement (Las Vegas Sands Corp)
Repayment of Facility C Loans. (a) Subject to paragraph (b) below, the Borrower shall repay each Facility C Loan in accordance with the repayment schedule, and as may be amended or extended from time to time, applicable to that Facility C Loan, in each case, as agreed between the Borrower and the relevant Increase Lenders to which that Loan relates (and without the consent of any other Lender), as set out in the relevant Increase Confirmation.
(b) The repayment schedule applicable to each Facility C Loan shall be such that:
(i) the principal amortisation of the Facility C Loan shall not be as favourable or more favourable to the applicable Facility C Lenders than that of the Facility A Loans in respect of the Facility A Lenders (without taking into account any extension of the Facility A Termination Date);
(ii) at all times, the then remaining average weighted life (taking into account the effect of any prepayment) of that Facility C Loan is longer than the then remaining average weighted life (taking into account the effect of any prepayment) of Facility A A, Facility B and Facility B D taken as a whole (but without taking into account any extension of the Facility A Termination Date, the Facility B Termination Date or the Facility B D Termination Date); and
(iii) the final scheduled repayment date of that Facility C Loan extends beyond the Facility A Termination Date (without taking into account any extension of the Facility A Termination Date).
(c) Any Facility C Loan remaining outstanding on the Facility C Longstop Termination Date shall be repaid on that date.
(d) The Borrower may not reborrow any part of Facility C which is repaid.
(e) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to a revised Margin for that Loan.
(f) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to any extension fees and other amounts payable to those Increase Lenders in connection with such extension.
Appears in 1 contract
Repayment of Facility C Loans. (a) Subject to paragraph (b) below, the Each Borrower shall repay each which has drawn a Facility C Loan in accordance with the repayment schedule, and as may be amended or extended from time to time, applicable to that Facility C Loan, in each case, as agreed between the Borrower and the relevant Increase Lenders to which shall repay that Loan relates (and without on the consent last day of any other Lender), as set out in the relevant Increase Confirmationits Interest Period.
(b) The repayment schedule applicable Without prejudice to each Borrower’s obligation under paragraph (a) above, if one or more Facility C Loan shall Loans are to be such thatmade available to a Borrower:
(i) on the principal amortisation of the same day that a maturing Facility C Loan shall not is due to be as favourable or more favourable to the applicable Facility C Lenders than repaid by that of the Facility A Loans in respect of the Facility A Lenders (without taking into account any extension of the Facility A Termination Date)Borrower;
(ii) at all times, in the then remaining average weighted life (taking into account same currency as the effect of any prepayment) of that maturing Facility C Loan is longer than the then remaining average weighted life (taking into account the effect of any prepayment) of Facility A and Facility B taken unless it arose as a whole (but without taking into account any extension result of the Facility A Termination Date or the Facility B Termination Dateoperation of Clause 6.2 (Unavailability of a currency)); and
(iii) in whole or in part for the final scheduled purpose of refinancing the maturing Facility C Loan, the aggregate amount of the new Facility C Loans shall be treated as if applied in or towards repayment date of that the maturing Facility C Loan extends beyond so that:
(A) if the Facility A Termination Date (without taking into account any extension amount of the maturing Facility A Termination Date)C Loan exceeds the aggregate amount of the new 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 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 C Loan and that Lender will not be required to make its participation in the new Facility C Loans available in cash; and
(B) if the amount of the maturing Facility C Loan is equal to or less than the aggregate amount of the new 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 C Loans available in cash only to the extent that its participation (if any) in the new Facility C Loans exceeds that Lender’s participation (if any) in the maturing Facility C Loan and the remainder of that Lender’s participation in the new 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 C Loan.
(c) Any Facility C Loan remaining outstanding on At any time when a Lender becomes a Defaulting Lender, the maturity date of each of the participations of that Lender in the Facility C Longstop Loans then outstanding will be automatically extended to the Termination Date shall in respect of Facility C and will be repaid on that datetreated as separate Facility C Loans (the “Separate Loans”) denominated in the currency in which the relevant participations are outstanding.
(d) A Borrower to whom a Separate Loan is outstanding may prepay that Loan by giving 5 Business Days’ prior notice to the Agent. The Borrower may not reborrow any part Agent will forward a copy of Facility C which is repaida prepayment notice received in accordance with this paragraph (d) to the Defaulting Lender concerned as soon as practicable on receipt.
(e) In connection with any extension Interest in respect of a Facility C Separate Loan under this Clause 7.3, will accrue for successive Interest Periods selected by the Borrower by the time and date specified by the relevant Increase Lenders Agent (acting reasonably) and will be payable by that Borrower to which that Loan relates may (without the consent Defaulting Lender on the last day of any other Lender) agree to a revised Margin for each Interest Period of that Loan.
(f) In connection with any extension The terms of a this Agreement relating to Facility C Loan under this Clause 7.3Loans generally shall continue to apply to Separate Loans other than to the extent inconsistent with paragraphs (c) to (e) above, the Borrower and the relevant Increase Lenders to in which that Loan relates may (without the consent case those paragraphs shall prevail in respect of any other Lender) agree to any extension fees and other amounts payable to those Increase Lenders in connection with such extensionSeparate Loan.
Appears in 1 contract
Repayment of Facility C Loans. (a) Subject to paragraph (b) below, the Borrower shall repay each Facility C Loan in accordance with the repayment schedule, and as may be amended or extended from time to time, applicable to that Facility C Loan, in each case, as agreed between the Borrower and the relevant Increase Lenders to which that Loan relates (and without the consent of any other Lender), as set out in the relevant Increase Confirmation.
(b) The repayment schedule applicable to each Facility C Loan shall be such that:
(i) the principal amortisation of the Facility C Loan shall not be as favourable or more favourable to the applicable Facility C Lenders than that of the Facility A Loans in respect of the Facility A Lenders (without taking into account any extension of the Facility A Termination Date);
(ii) at all times, the then remaining average weighted life (taking into account the effect of any prepayment) of that Facility C Loan is longer than the then remaining average weighted life (taking into account the effect of any prepayment) of Facility A and Facility B taken as a whole (but without taking into account any extension of the Facility A Termination Date or the Facility B Termination Date); and
(iii) the final scheduled repayment date of that Facility C Loan extends beyond the the
Facility A Termination Date (without taking into account any extension of the Facility A Termination Date).
(c) Any Facility C Loan remaining outstanding on the Facility C Longstop Termination Date shall be repaid on that date.
(d) The Borrower may not reborrow any part of Facility C which is repaid.
(e) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to a revised Margin for that Loan.
(f) In connection with any extension of a Facility C Loan under this Clause 7.3, the Borrower and the relevant Increase Lenders to which that Loan relates may (without the consent of any other Lender) agree to any extension fees and other amounts payable to those Increase Lenders in connection with such extension.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Las Vegas Sands Corp)
Repayment of Facility C Loans. (a) Subject to paragraph (b) below, the The Borrower shall repay each Facility C Loan in accordance with on the repayment schedule, and as may be amended or extended from time to time, applicable to that Facility C Loan, in each case, as agreed between the Borrower and the relevant Increase Lenders to which that Loan relates (and without the consent last day of any other Lender), as set out in the relevant Increase Confirmationits Interest Period.
(b) The repayment schedule applicable Without prejudice to each Facility C Loan shall be such thatthe Borrower’s obligation under paragraph (a) above, if:
(i) one or more Facility C Loans are to be made available to the principal amortisation Borrower:
(A) on the same day that a maturing Facility C Loan is due to be repaid by the Borrower; and
(B) in whole or in part for the purpose of refinancing the maturing Facility C Loan; and
(ii) the proportion borne by each Xxxxxx’s participation in the maturing Facility C Loan to the amount of that maturing Facility C Loan is the same as the proportion borne by that Xxxxxx’s participation in the new Facility C Loans to the aggregate amount of those new Facility C Loans, the aggregate amount of the new Facility C Loans shall, unless the Borrower notifies the relevant WCF Lender to the contrary in the relevant Utilisation Request, be treated as if applied in or towards repayment of the maturing Facility C Loan so that:
(A) if the amount of the maturing Facility C Loan exceeds the aggregate amount of the new Facility C Loans:
I. the Borrower will only be required to make a payment under Clause 36.1 (Payments to the Agent) in an amount equal to that excess; and
II. each Lender’s participation in the new Facility C Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Xxxxxx’s participation in the maturing Facility C Loan and that Lender will not be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility C Loans; and
(B) if the amount of the maturing Facility C Loan is equal to or less than the aggregate amount of the new Facility C Loans:
I. the Borrower will not be required to make a payment under Clause 36.1 (Payments to the Agent); and
II. each Lender will be required to make a payment under Clause 36.1 (Payments to the Agent) in respect of its participation in the new Facility C Loans only to the extent that its participation in the new Facility C Loans exceeds that Xxxxxx’s participation in the maturing Facility C Loan and the remainder of that Xxxxxx’s participation in the new Facility C Loans shall be treated as having been made available and applied by the Borrower in or towards repayment of that Xxxxxx’s participation in the maturing 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 C Loan then outstanding will be automatically extended to the last day of the Final Maturity Date applicable to Facility C and will be treated as separate Facility C Loans (the Separate Loans) denominated in the currency in which the relevant participations are outstanding.
(d) If the Borrower makes a prepayment of a Facility C Loan pursuant to Clause 9.4 (Voluntary prepayment of Facility C Utilisations), the Borrower may prepay a Separate Loan by giving not less than three (3) Business Days’ prior notice to the relevant WCF Lender and the Agent. The proportion borne by the amount of the prepayment of the Separate Loan to the total amount of the Separate Loans shall not exceed the proportion borne by the amount of the prepayment of the Facility C Loan shall not be as favourable or more favourable to the applicable total Facility C Lenders than that of the Facility A Loans in respect of the Facility A Lenders (without taking into account any extension of the Facility A Termination Date);
(ii) at all times, the then remaining average weighted life (taking into account the effect of any prepayment) of that Facility C Loan is longer than the then remaining average weighted life (taking into account the effect of any prepayment) of Facility A and Facility B taken as a whole (but without taking into account any extension of the Facility A Termination Date or the Facility B Termination Date); and
(iii) the final scheduled repayment date of that Facility C Loan extends beyond the Facility A Termination Date (without taking into account any extension of the Facility A Termination Date).
(c) Any Facility C Loan remaining outstanding on the Facility C Longstop Termination Date shall be repaid on that date.
(d) The Borrower may not reborrow any part of Facility C which is repaidLoan.
(e) In connection with any extension Interest in respect of a Facility C Separate Loan under this Clause 7.3, will accrue for successive Interest Periods selected by the Borrower by the time and date specified by the relevant Increase Lenders WCF Lender and will be payable by that Borrower to which that Loan relates may (without the consent relevant WCF Lender on the last day of any other Lender) agree to a revised Margin for each Interest Period of that Loan.
(f) In connection The terms of this Agreement shall continue to apply to Separate Loans other than to the extent inconsistent with any extension of a Facility C Loan under this Clause 7.3paragraphs (c) to (e) above, the Borrower and the relevant Increase Lenders to in which that Loan relates may (without the consent case those paragraphs shall prevail in respect of any other Lender) agree to any extension fees and other amounts payable to those Increase Lenders in connection with such extensionSeparate Loan.
Appears in 1 contract
Samples: Facility Agreement