Common use of Right of repayment and cancellation Clause in Contracts

Right of repayment and cancellation. of a single Lender or Issuing Bank (a) If an Obligor is, or will be, required to pay to a Lender: (i) a Tax Payment; or (ii) an Increased Cost, the Company may, while the requirement continues, give notice to the Facility Agent requesting prepayment and cancellation in respect of that Lender. (b) After notification under paragraph (a) above, if such circumstances relate to a Lender: (A) each Borrower must repay or prepay that Lender’s share in each Utilisation made to it on the date specified in paragraph (d) below; and (B) the Commitment of that Lender will be immediately cancelled. (c) After notification under paragraph (a) above, if such circumstances relate to the Issuing Bank each Borrower must repay or prepay any outstanding Letter of Credit issued by the Issuing Bank and cancellation of its appointment as an Issuing Bank under this Agreement in relation to any Letters of Credit to be issued in the future. (d) The date for repayment or prepayment of a Lender’s share in a Utilisation will be: (i) the last day of the Term for that Utilisation or, in the case of a Letter of Credit 5 Business Days after the date of the notification; or (ii) if earlier, the date specified by the Company in its notification.

Right of repayment and cancellation. of a single Lender certain Lenders or the Issuing Bank (a) If an Obligor any Borrower is, or will be, required to pay to a LenderLender or the Issuing Bank: (i) a Tax Payment; or (ii) an Increased Cost, the Company may, while the requirement continues, give notice to the Facility Agent requesting prepayment and cancellation in respect of that Lender.notice: (bA) After notification under paragraph (a) above, if such circumstances relate to a Lender: (A) each Borrower must repay or prepay that Lender’s share in each Utilisation made to it on the date specified in paragraph (d) below; and (B) of cancellation of the Commitment of that Lender will be immediately cancelled.and its intention to procure the repayment of that Lender’s participation in the Utilisations; or (cB) After notification under paragraph (a) above, if such circumstances relate to the Issuing Bank each Borrower must repay or prepay any Bank) of repayment of all outstanding Letter Letters of Credit issued by the Issuing Bank it and cancellation of its appointment as an Issuing Bank under this Agreement in relation to any Letters of Credit to be issued in the future. (db) After notification under paragraph (a) above: (i) each Borrower must repay or prepay that Lender’s share in each Utilisation on the date specified in paragraph (c) below; and (ii) the Commitments of that Lender will be immediately cancelled. (c) The date for repayment or prepayment of a Lender’s share in a Utilisation will be: (i) the last day of the current Term for that Utilisation or, in the case of a Letter of Credit 5 Business Days after the date of the notificationUtilisation; or (ii) if earlier, the date specified by the Company in its notification.

Right of repayment and cancellation. of a single Lender or Issuing Bank (a) If an Obligor is, or will be, required to pay to a LenderIf: (i) a any sum payable to any Lender by the Company is required to be increased under Clause 11.1 (Tax Payment; orgross-up); (ii) an any Lender claims indemnification from the Company under Clause 11.2 (Tax indemnity) or Clause 12 (Increased CostCosts), or (iii) any FATCA Protected Lender notifies the Facility Agent of a FATCA Event pursuant to Clause 7.12 (Mandatory repayment and cancellation of FATCA Protected Lenders), the Company may, while the circumstances giving rise to the requirement for that increase or indemnification continue or that FATCA Event continues, give notice to the Facility Agent requesting prepayment and cancellation in respect of that Lender. (b) After notification under paragraph (a) above, if such circumstances relate above and subject to a Lenderthe terms of this Agreement: (Ai) each Borrower the Company must repay or prepay that Lender’s share in each Utilisation Loan made to it on the date specified in paragraph (dc) below; and (Bii) the Commitment Commitments of that Lender will be immediately cancelled. (c) After notification under paragraph (a) above, if such circumstances relate to the Issuing Bank each Borrower must repay or prepay any outstanding Letter of Credit issued by the Issuing Bank and cancellation of its appointment as an Issuing Bank under this Agreement in relation to any Letters of Credit to be issued in the future. (d) The date for repayment or prepayment of a Lender’s share in a Utilisation Loan will be: (i) the last day of the current Term for that Utilisation or, in the case of a Letter of Credit 5 Business Days after the date of the notificationLoan; or (ii) if earlier, the date specified by the Company in its notification.