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 for the Finance Parties, that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request or Selection Notice) 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, neither the Facility Agent, any Mandated Lead Arranger nor any Bookrunner 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 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 Facility Agent for the Lenders for the Finance Parties, that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 22.1 (Non-payment));; and (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request or Selection Notice) 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, neither the Facility Agent, any Mandated Lead Agent nor the Arranger nor any Bookrunner 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. (a) The Facility Agent may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorisedauthorized; and (ii) any statement made by a director, authorised authorized 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 Facility Agent for the Lenders for the Finance Parties, that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 21.1 (Non-payment));; and (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request or Selection Notice) 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, neither the Facility Agent, any Mandated Lead Agent nor the Arranger nor any Bookrunner 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 for the Finance Parties, Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 clause 21.1 (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 or Selection NoticeRequest) 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, Agent nor any Mandated Lead Arranger nor any Bookrunner 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 for the Finance Parties, Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 clause 21.1 (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 an Obligor (other than a Utilisation Request or Selection NoticeRequest) 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, Agent nor any Mandated Lead Arranger nor any Bookrunner 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. (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, officer, 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, assume (unless it has received notice to the contrary in its capacity as agent for the Lenders for the Finance Parties, Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 29.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (iii) any notice or request made by the Company any Borrower (other than a Utilisation Request or a Selection Notice) 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, neither the Facility Agent, any Mandated Lead Agent nor the Arranger nor any Bookrunner 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, assume (unless it has received notice to the contrary in its capacity as agent for the Lenders for the other Finance Parties, ) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 25.2 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (iii) any notice or request made by the Company Borrower (other than a Utilisation Request or Selection Notice) 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, neither the Facility Agent, any Mandated Lead Arranger nor any Bookrunner 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. (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, assume (unless it has received notice to the contrary in its capacity as agent for the Lenders for the Finance Parties, Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 24.1 21.1 (Non-payment));; and (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (iii) any notice or request made by the Company (other than a Utilisation Request or Selection Notice) 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, neither the Facility Agent, any Mandated Lead Agent nor the Arranger nor any Bookrunner 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.