Common use of Right of repayment in relation to a single Lender Clause in Contracts

Right of repayment in relation to a single Lender. 8.3.1 If: (a) any sum payable to any Lender by the Borrower is required to be increased under sub-clause 13.1.3; or (b) any Lender claims indemnification from the Borrower under (i) Clause 13.2 (Tax indemnity) or (ii) Clause 15.1 (Increased Costs); (c) any FATCA Protected Lender notifies the Agent of a FATCA Event pursuant to Clause 8.4 (Mandatory repayment and cancellation of FATCA Protected Lenders); or (d) the Borrower is unable to comply with the requirements of any Lender with regard to “know your customer” or similar identification procedures, in accordance with any of Clauses 6.1(i), 19.7 or 20.18.3(g), without prejudice to clause 13 (Mitigation) of the Proceeds Deed, the Borrower may, whilst the circumstance giving rise to the relevant requirement or indemnification or FATCA Event continues, give the Agent at least five (5) Business Days’ notice (or such shorter period as such Lender, acting reasonably, may agree) (which notice shall be irrevocable once given) of the Borrower’s intention to procure the repayment of that Lender’s participation in the Loans. 8.3.2 On the date for prepayment specified in the Borrower’s notice under sub-clause 8. 3.1 the Borrower shall, without penalty or payment of any fee (except for any Break Costs and/or any Swap Breakage Loss), repay (or procure the repayment of) that Lender’s participation in the Loans.

Right of repayment in relation to a single Lender. 8.3.1 (a) If: (ai) any sum payable to any Lender by the Borrower an Obligor is required to be increased under subparagraph (c) of Clause 11.2 (Tax gross-clause 13.1.3up); or (bii) any Lender claims indemnification from the a Borrower under (i) Clause 13.2 11.3 (Tax indemnity) or (ii) Clause 15.1 12.1 (Increased Costscosts); (c) any FATCA Protected Lender notifies the Agent of a FATCA Event pursuant to Clause 8.4 (Mandatory repayment and cancellation of FATCA Protected Lenders); or (d) the Borrower is unable to comply with the requirements of any Lender with regard to “know your customer” or similar identification procedures, in accordance with any of Clauses 6.1(i), 19.7 or 20.18.3(g), without prejudice to clause 13 (Mitigation) of the Proceeds Deed, the Borrower may, whilst so long as the circumstance giving rise to the relevant requirement for that increase or indemnification or FATCA Event continues, give the Facility Agent at least five (5) Business Days’ notice (or such shorter period as such Lender, acting reasonably, may agree) (which notice shall be irrevocable once given) of the Borrower’s its intention to procure the repayment of that Lender’s participation in the LoansLoan or give the Facility Agent notice of its intention to replace that Lender in accordance with paragraph (c) below. 8.3.2 (b) On the date for prepayment specified in the Borrower’s notice under sub-clause 8. 3.1 last day of each Interest Period which ends after the Borrower shallhas given notice of repayment under paragraph (a) above in relation to a Lender (or, without penalty or payment of any fee (except for any Break Costs and/or any Swap Breakage Lossif earlier, the date specified the Borrower in that notice), the Borrower shall repay (or procure the repayment of) that Lender’s participation in the LoansLoan. (c) The Borrower may, in the circumstances set out in paragraph (a) above, on ten Business Days’ prior notice to the Facility Agent and that Lender, replace that Lender by requiring that Lender to (and, to the extent permitted by law, the Lender shall) transfer pursuant to Clause 26 (Changes to the Lenders) all (and not part only) of its rights, and obligations under this Agreement to a Lender or other bank, financial institution, trust fund or other entity selected by the Borrower which confirms its willingness to assume and does assume all the obligations of the transferring Lender in accordance with Clause 26 (Changes to the Lenders) for a purchase price in cash or other cash payment payable at the time of the transfer equal to the outstanding principal amount of such Lender’s participation in the outstanding Loan and all accrued interest, Break Costs and other amounts payable in relation thereto under the Finance Documents.