Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnity) or Clause 13.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Samples: Single Currency Term Facility Agreement (General Geophysics Co)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 (Tax grossGross-upUp); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnityIndemnity) or Clause 13.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Administrative Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On or before the last day of each the Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loanthe Loan together with Break Costs and other sums accrued and due in relation to such repayment.
Appears in 1 contract
Samples: Term Facility Agreement (Cadence Design Systems Inc)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or;
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Samples: Facilities Agreement (Bunge LTD)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 clause 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 clause 13.3 (Tax indemnity) or Clause 13.1 clause 14.1 (Increased costs), ; the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s 's participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above), the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) 1.1 If:
(i) 1.1.1 any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 14.2 (Tax gross-up); oror 27
(ii) 1.1.2 any Lender claims indemnification from the Original Borrower under Clause 12.3 14.3 (Tax indemnity) or Clause 13.1 15.1 (Increased costs), the Original Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s 's participation in the Loans.
(b) 1.2 On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) 1.3 On the last day of each Interest Period which ends after the Original Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Original Borrower in that notice), the each Borrower to which the whom a Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Misys PLC)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower Company under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs); or
(iii) any Lender notifies the Facility Agent of its Additional Cost Rate under paragraph 3 of Schedule 4 (Mandatory Cost Formulae), the Borrower Company may, whilst (in the case of paragraphs (i) and (ii) above) the circumstance giving rise to the requirement for or indemnification continuescontinues or (in the case of paragraph (iii) above) that Additional Cost Rate is greater than zero, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s 's participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower Company has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower Company in that notice), the each Borrower to which the a Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 14.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower Borrowers under Clause 12.3 14.3 (Tax indemnity) or Clause 13.1 15.1 (Increased costs), the Borrower Borrowers may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has Borrowers have given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower Borrowers in that notice), the each Borrower to which the a Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Samples: Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up) or Clause 13.6 (Indirect tax); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each the Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that the Loan.
Appears in 1 contract
Samples: Facility Agreement (PT Indosat TBK)
Right of repayment and cancellation in relation to a single Lender. 76
(a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.1 (Tax gross-upGross‑up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.2 (Tax indemnityIndemnity) or Clause 13.1 14.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the BPIFAE Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0).
(c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower Parent under Clause 12.3 12.9 (Tax indemnityIndemnity) or Clause 13.1 13 (Increased costsCosts), the Borrower Parent may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that LenderXxxxxx’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Available Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower Parent has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the each Borrower to which the a Loan is outstanding shall repay that LenderXxxxxx’s participation in that LoanLoan and the Commitment of the Lender shall immediately be reduced to zero.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s 's participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (International Flavors & Fragrances Inc)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 (Tax gross-up); or;
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnity) or Clause 13.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Samples: Facility Agreement (Bunge LTD)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.1 (Tax grossGross-up); or
(ii) any Lender Finance Party claims indemnification from the Borrower an Obligor under Clause 12.3 13.2 (Tax indemnityIndemnity) or Clause 13.1 12.2 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansUtilisations.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be cancelled and reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that LoanUtilisation.
Appears in 1 contract
Samples: Facility Agreement (Atmel Corp)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment Commitments of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (cClauses 8.1(c) of Clause 12.2 (Tax gross-upor 12.1(a); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnity) or Clause 13.1 (Increased costs)15.5 of the Common Terms Agreement, the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s 's participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Samples: Wassa Project Facility Agreement (Golden Star Resources LTD)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor under a Finance Document is required to be increased under paragraph (c) of Clause 12.2 11.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 11.3 (Tax indemnity) or Clause 13.1 12.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loanthe Loans.
Appears in 1 contract
Samples: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnity) or Clause 13.1 13 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that LoanLoan provided that such repayment does not result in a Default under this Agreement.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 14.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower or an Obligor under Clause 12.3 14.3 (Tax indemnity) or Clause 13.1 15.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loanthe relevant Loan together with all interest and other amounts accrued under the Finance Documents.
Appears in 1 contract
Samples: Term Facility Agreement (Tongjitang Chinese Medicines Co)
Right of repayment and cancellation in relation to a single Lender. (a) 9.6.1 If:
(iA) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 14.2.3 (Tax gross-up); or
(iiB) any Lender claims indemnification from the Borrower under Clause 12.3 14.3 (Tax indemnity) or Clause 13.1 15.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues, give the Facility Agent notice of cancellation of the Commitment Commitments of that Lender for each Specified Period and its intention to procure the repayment of that Lender’s 's participation in the LoansUtilisations.
(b) 9.6.2 On receipt of a notice referred to in paragraph (a) aboveClause 9.6.1, the Commitment of that Lender for each Specified Period shall immediately be reduced to zero.
(c) 9.6.3 On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) Clause 9.6.1 above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s 's participation in that Loan, together with all interest and other amounts accrued under the Finance Documents.
9.6.4 The Borrower shall, on demand made by the Facility Agent following the receipt by it of any notice referred to in Clause 9.6.1, provide or procure the provision of cash cover for the amount of the relevant Lender's aggregate participation in all outstanding Letters of Credit.
Appears in 1 contract
Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that each Loan.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required isrequired to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or;
(ii) any Lender claims indemnification from the Borrower Company under Clause 12.3 Clause13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs); or
(iii) any Lender notifies the Agent of its Additional Cost Rate under paragraph 3 of Schedule 4 (Mandatory Cost formulae), the Borrower Company may, whilst (in the case of paragraphs (i) and (ii)above) the circumstance giving rise to the requirement for or indemnification continues, or (in thecase of paragraph (iii)above) that Additional Cost Rate is greater than zero, give the Agent notice of cancellation of the Commitment of that Lender and and/or its intention to procure the repayment there payment of that Lender’s 's participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower Company has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower Company in that notice)notice),each Borrower (or, as the case may be, the Borrower specified Borrower) to which the a Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph Clause 12.1 (c) of Clause 12.2 (Tax grossGross-upup for Taxes); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 12.2 (Tax indemnityIndemnity) or Clause 13.1 (Increased costs), ; the Borrower may, whilst so long as the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) 9.5.1 If:
(ia) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 14.2 (Tax gross-up); or
(iib) any Lender claims indemnification from the Borrower under Clause 12.3 14.3 (Tax indemnity) or Clause 13.1 15.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) 9.5.2 On receipt of a notice referred to in paragraph (a) sub-clause 9.5.1 above, the Commitment of that Lender shall immediately be reduced to zero.
(c) 9.5.3 On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) sub-clause 9.5.1 above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loanthe Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs).
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that each Loan.
Appears in 1 contract
Samples: Credit Facility Agreement (Lafarge)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14 (Increased costsCosts), the Borrower may, may whilst the circumstance giving rise to the requirement for or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each the Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that the Loan.
Appears in 1 contract
Samples: Facility Agreement (PT Indosat TBK)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 12.2 15.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower Company under Clause 12.3 15.3 (Tax indemnity) or Clause 13.1 16.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that each Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower or a Security Party is required to be increased under paragraph (cb) of Clause 12.2 (Tax gross-up)22.2 or under that Clause as incorporated by reference or in full in any other Finance Document; or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 24.1; or
(Tax indemnityiii) or the Agent receives notification from a Relevant Lender under Clause 13.1 (Increased costs)5.7, the Borrower may, :
(A) whilst in the case of sub-paragraphs (i) and (ii) above the circumstance giving rise to the requirement for that increase or indemnification continues; or
(B) whilst in the case of sub-paragraph (iii) above the situation in relation to the Relevant Lender continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has have given notice of cancellation under paragraph (a) above in relation to a Lender (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that the Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 12.1 (Tax gross-upGross‑up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 12.2 (Tax indemnityIndemnity) or Clause 13.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0).
(c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by ABB or an Obligor is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the ABB or a Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), the Borrower then ABB may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansAdvances.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower ABB has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower ABB in that notice), the each Borrower to which the Loan whom an Advance is outstanding shall repay that Lender’s participation in that LoanAdvance.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.1 (Tax gross-upGross‑up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.2 (Tax indemnityIndemnity) or Clause 13.1 14.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for indemnification continues, give the BPIFAE Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0).
(c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. (a) 9.6.1 If:
(ia) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 14.2.3 (Tax gross-up); or
(iib) any Lender claims indemnification from the Borrower under Clause 12.3 14.3 (Tax indemnity) or Clause 13.1 15.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansUtilisations.
(b) 9.6.2 On receipt of a notice referred to in paragraph (aClause 9.6.1(a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) 9.6.3 On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (aClause 9.6.1(a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that LoanUtilisation.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Mercer International Inc.)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (cclause 12.2(c) of Clause 12.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 clause 12.3 (Tax indemnity) or Clause 13.1 clause 13.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s 's participation in the LoansLoan.
(b) On receipt of a notice of cancellation referred to in paragraph (a) aboveclause 7.7(a), the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under paragraph (aclause 7.7(a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the a Loan is outstanding shall repay that Lender’s 's participation in that Loan.
Appears in 1 contract
Samples: Sterling Term Facility Agreement (American Realty Capital Global Trust, Inc.)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnity) or Clause 13.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansUtilisations.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in the Utilisations together with interest accrued but unpaid up to and including the date of repayment of that LoanLender’s participation in the Utilisations.
Appears in 1 contract
Samples: Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 13.3 (Tax indemnity) or Clause 13.1 14.1 (Increased costs), ) the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansAdvances.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that LoanAdvance.
Appears in 1 contract
Samples: Credit Agreement (France Telecom /)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 12.2 (Tax gross-up) or Clause 12.6 (Indirect tax); or
(ii) any Lender claims indemnification from the Borrower under Clause 12.3 (Tax indemnity) or Clause 13.1 13 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each the Interest Period which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in that the Loan.
Appears in 1 contract
Samples: Facility Agreement (PT Indosat TBK)
Right of repayment and cancellation in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor a Borrower is required to be increased under paragraph (c) of Clause 12.2 13.2 (Tax grossGross-up); or
(ii) any Lender claims indemnification from the Borrower Borrowers under Clause 12.3 13.3 (Tax indemnityIndemnity) or Clause 13.1 14 (Increased costsCosts), the Borrower Borrowers acting jointly may, whilst the circumstance giving rise to the requirement for or indemnification continues, give the Agent notice of cancellation of the Commitment of that Lender and its their intention to procure the repayment of repay that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. Any cancellation under this Clause 8.5 shall reduce the Sub-Limit by an amount in euro (calculated at the Agent’s Spot Rate of Exchange on the date the cancellation takes effect) equivalent to 40 per cent. of the Commitment of that Lender.
(c) On the last day of each Interest Period which ends after the Borrower has Borrowers have given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower Borrowers in that notice), the each Borrower to which the a Loan is outstanding shall repay that Lender’s participation in that Loan.
Appears in 1 contract
Samples: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)