Common use of Rights and discretions of the Facility Agent Clause in Contracts

Rights and discretions of the Facility Agent. (A) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (B) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (C) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (D) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (E) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (F) Notwithstanding any other provision of any Finance Document to the contrary, the Facility Agent is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorisedauthorised and shall have no duty to verify any signature on any document; and (ii) any statement purportedly made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Event of Default or Potential Event of Default has occurred (unless it has actual knowledge of an Event of Default or a Default arising under clause 20.2 (Non-payment))Potential Event of Default; (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company Borrower (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, the Facility Agent no Administrative Party is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (assume, unless it has received notice to the contrary in its capacity as agent for the Lenders) Lenders for the Finance Parties, that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 23.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation RequestRequest or Selection Notice) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor any Mandated Lead Arranger is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorisedauthorised and shall have no duty to verify any signature on any document; and (ii) any statement purportedly made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 24.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request) Obligors’ Agent is made on behalf of and with the consent and knowledge of all the ObligorsObligor Parties. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, the Facility Agent no Administrative Party is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (A1) The Facility Agent may rely on: (ia) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (iib) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (B2) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (ia) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 24.1 (Non-payment)); (iib) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iiic) any notice or request made by the Company Borrower (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (C3) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (D4) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (E5) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (F6) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor the Arranger is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 29.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company any Borrower (other than a Utilisation RequestRequest or a Selection Notice) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor either Mandated Lead Arranger is obliged to do or omit to do anything if it would or might might, in its reasonable opinion opinion, constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (A) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (B) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (C) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (D) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (E) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (F) Notwithstanding any other provision of any Finance Document to the contrary, the Facility Agent is not obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 22.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company Administrative Borrower (other than a Utilisation RequestRequest or Selection Notice) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent is nor the JMLAs are obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 23.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor the Arranger is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 26.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company Borrowers (other than the Utilisation Request or a Utilisation RequestSelection Notice) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor the Arranger is obliged to do or omit to do anything if it would or might might, in its reasonable opinion opinion, constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 22.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company Administrative Borrower (other than a Utilisation RequestRequest or Selection Notice) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent is nor the Arrangers are obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 26.1 (Non-paymentPayment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company Account Party (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreementagreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor the Arrangers is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 21.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company Borrower (other than the Utilisation Request or a Utilisation RequestSelection Notice) is made on behalf of and with the consent and knowledge of all the Transaction Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, the Facility Agent is not obliged to do or omit to do anything if it would or might might, in its reasonable opinion opinion, constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent Facility Agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 24.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its their respective personnel and agentsFacility Agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent Facility Agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent nor the Arranger is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.

Rights and discretions of the Facility Agent. (Aa) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, Authorised Signatory authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (Bb) The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under clause 20.2 Clause 23.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders (or any consistent majority of Lenders) has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors. (Cc) The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (Dd) The Facility Agent may act in relation to the Finance Documents through its personnel and agents. (Ee) The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (Ff) Notwithstanding any other provision of any Finance Document to the contrary, neither the Facility Agent is nor the Arrangers are obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality.