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

Rights and discretions of the Facility Agent. 5.1 The Facility Agent may rely on: (a) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (b) 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. 5.2 The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (a) no Default has occurred (unless it has actual knowledge of a Default arising under clause 4(a) (Non-Payment) of the Mortgage); and (b) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised. 5.3 The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts provided that such engagement shall not cause any additional expense or cost to the Borrower, the Guarantor or the Irish Company unless approved in advance in writing by the Guarantor. 5.4 The Facility Agent may act in relation to the Operative Documents through its personnel and agents. 5.5 The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. 5.6 Notwithstanding any other provision of any Operative 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. 5.1 The Facility Agent may rely on: (a) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (b) 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. 5.2 The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (a) no Default has occurred (unless it has actual knowledge of a Default arising under clause Section 4(a) (Non-Payment) of the Mortgage); and (b) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised. 5.3 The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts provided that such engagement shall not cause any additional expense or cost to the Borrower, the Guarantor or the Irish Company unless approved in advance in writing by the GuarantorGuarantor (such approval not to be unreasonably withheld or delayed). 5.4 The Facility Agent may act in relation to the Operative Documents through its personnel and agents. 5.5 The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. 5.6 Notwithstanding any other provision of any Operative 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. 5.1 24.6.1 The Facility Agent may rely on: (a) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (b) 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. 5.2 24.6.2 The Facility Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (a) no Default has occurred (unless it has actual knowledge of a Default arising under clause 4(a) (Non-Payment) of the Mortgage18); and; (b) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; and (c) any notice or request made by the Borrower is made on behalf of and with the consent and knowledge of all the Obligors. 5.3 24.6.3 The Facility Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts provided that such engagement shall not cause any additional expense or cost to the Borrower, the Guarantor or the Irish Company unless approved in advance in writing by the Guarantorexperts. 5.4 24.6.4 The Facility Agent may act in relation to the Operative Facility Documents through its personnel and agents. 5.5 24.6.5 The Facility Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. 5.6 24.6.6 Notwithstanding any other provision of any Operative Facility Document to the contrary, the Facility Agent no Representative 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.