Common use of Right of replacement or repayment and cancellation in relation to a single Lender Clause in Contracts

Right of replacement or 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 a Borrower under Clause 12.3 (Tax indemnity) or Clause 13 (Increased costs), the Borrowers may with the prior written consent of the Majority Lenders, 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 or give the Agent notice of its intention to replace that Lender in accordance with paragraph (d) below. (b) On receipt of a notice referred to in paragraph (a) above in relation to a Lender, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period which ends after the Borrowers have given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrowers in that notice), the Borrowers shall repay that Lender’s participation in that Loan.

Appears in 2 contracts

Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement

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Right of replacement or 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 a Borrower under Clause 12.3 (Tax indemnity) or Clause 13 13.1 (Increased costs), (each such Lender to whom this paragraph (a) applies, being an “Increased Costs Lender”), the Borrowers may with the prior written consent of the Majority LendersCompany 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 of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans or give the Agent notice of its intention to replace that Lender in accordance with paragraph (d) belowLoans. (b) On receipt of a notice of cancellation referred to in paragraph (a) above in relation to a Lenderabove, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period which ends after the Borrowers have Company has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrowers Company in that notice), the Borrowers each Borrower to which a Loan is outstanding shall repay that Lender’s participation in that Loan.

Appears in 2 contracts

Samples: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)

Right of replacement or 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 Clause 8.5 (Minimum interest) or paragraph (c) of Clause 12.2 (Tax gross-up); or (ii) any Lender claims indemnification from a Borrower under Clause 12.3 (Tax indemnity) or Clause 13 13.1 (Increased costs), (each such Lender to whom this paragraph (a) applies, being an “Increased Costs Lender”), the Borrowers may with the prior written consent of the Majority LendersCompany 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 of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans or give the Agent notice of its intention to replace that Lender in accordance with paragraph (d) belowLoans. (b) On receipt of a notice of cancellation referred to in paragraph (a) above in relation to a Lenderabove, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period which ends after the Borrowers have Company has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrowers Company in that notice), the Borrowers each Borrower to which a Loan is outstanding shall repay that Lender’s participation in that Loan.

Appears in 2 contracts

Samples: Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)

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Right of replacement or 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 11.2 (Tax gross-up); or (ii) any Lender claims indemnification from a the Borrower under Clause 12.3 11.3 (Tax indemnity) or Clause 13 (Increased costs), the Borrowers may with the prior written consent of the Majority LendersBorrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues, give the Agent notice of cancellation of the Commitment Commitment(s) of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans or give the Agent notice of its intention to replace that Lender in accordance with paragraph (d) belowLoan. (b) On receipt of a notice of cancellation referred to in paragraph (a) above in relation to a Lenderabove, the Commitment Commitment(s) of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period which ends after the Borrowers have Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrowers Borrower in that notice), the Borrowers Borrower shall repay that Lender’s participation in that the Loan.

Appears in 1 contract

Samples: Facility Agreement (Ozon Holdings PLC)

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