Rights and discretions. (a) The Agent may: (i) rely on any representation, communication notice or document (including any notice given by a Subscriber pursuant to paragraphs (b) or (c) of Clause 30.2 (Disenfranchisement of Parent Affiliates)) believed by it to be genuine, correct and appropriately authorised; (ii) assume that: (A) any instructions received by it from the Majority Note Subscribers, any Subscribers or any group of Subscribers are duly given in accordance with the terms of the Finance Documents; and (B) unless it has received notice of revocation, that those instructions have not been revoked; and (iii) rely on a certificate from any person: (A) as to any matter of fact or circumstance which might reasonably be expected to be within the knowledge of that person or within that person’s power to verify; or (B) to the effect that such person approves of any particular dealing, transaction, step, action or thing, as sufficient evidence that that is the case and, in the case of paragraph (A) above, may assume the truth and accuracy of that certificate.
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Samples: Note Subscription Agreement (CorpAcq Group PLC), Note Subscription Agreement (CorpAcq Group PLC)
Rights and discretions. (a) The Agent may:
(i) rely on any representation, communication communication, notice or document (including any notice given by a Subscriber Lender pursuant to paragraphs (b) or (c) of Clause 30.2 27.2 (Disenfranchisement of Parent Debt Purchase Transactions by Sponsor Affiliates)) believed by it to be genuine, correct and appropriately authorised;
(ii) assume that:
(A) any instructions received by it from the Majority Note SubscribersLenders, any Subscribers Lenders or any group of Subscribers Lenders are duly given in accordance with the terms of the Finance Documents; and
(B) unless it has received notice of revocation, that those instructions have not been revoked; and
(iii) rely on a certificate from any person:
(A) as to any matter of fact or circumstance which might reasonably be expected to be within the knowledge of that person or within that person’s power to verify; or
(B) to the effect that such person approves of any particular dealing, transaction, step, action or thing, as sufficient evidence that that is the case and, in the case of paragraph (A) above, may assume the truth and accuracy of that certificate.
Appears in 1 contract
Samples: Facilities Agreement (New Frontier Public Holding Ltd.)
Rights and discretions.
(a) The Security Agent may:
(i) rely on any representation, communication communication, notice or document (including any notice given by a Subscriber pursuant to paragraphs (b) or (c) of Clause 30.2 (Disenfranchisement of Parent Affiliates)) believed by it to be genuine, correct and appropriately authorised;
(ii) assume that:
(A) any instructions received by it from the Majority Note SubscribersInstructing Group, any Subscribers Creditors or any group of Subscribers Creditors are duly given in accordance with the terms of the Finance Debt Documents; and;
(B) unless it has received notice of revocation, that those instructions have not been revoked; and
(C) if it receives any instructions to act in relation to the Transaction Security, that all applicable conditions under the Debt Documents for so acting have been satisfied; and
(iii) rely on a certificate from any person:
(A) as to any matter of fact or circumstance which might reasonably be expected to be within the knowledge of that person or within that person’s power to verify; or
(B) to the effect that such person approves of any particular dealing, transaction, step, action or thing, as sufficient evidence that that is the case and, in the case of paragraph (A) above, may assume the truth and accuracy of that certificate.
Appears in 1 contract
Samples: Intercreditor Agreement
Rights and discretions. (a) The Security Agent may:
(i) rely on any representation, communication communication, notice or document (including any notice given by a Subscriber pursuant to paragraphs (b) or (c) of Clause 30.2 (Disenfranchisement of Parent Affiliates)) believed by it to be genuine, correct and appropriately authorised;
(ii) assume that:
(A1) any instructions received by it from the Majority Note SubscribersInstructing Group, any Subscribers Creditors or any group of Subscribers Creditors are duly given in accordance with the terms of the Finance Debt Documents; and;
(B2) unless it has received notice of revocation, that those instructions have not been revoked; and
(3) if it receives any instructions to act in relation to the Transaction Security, that all applicable conditions under the Debt Documents for so acting have been satisfied; and
(iii) rely on a certificate from any person:
(A1) as to any matter of fact or circumstance which might reasonably be expected to be within the knowledge of that person or within that person’s power to verify; or
(B2) to the effect that such person approves of any particular dealing, transaction, step, action or thing, as sufficient evidence that that is the case and, in the case of paragraph (A1) above, may assume the truth and accuracy of that certificate.
Appears in 1 contract
Samples: Intercreditor Agreement
Rights and discretions. (a) The Agent maymay rely on:
(i) rely on any representation, communication communication, notice or document (including any notice given by a Subscriber pursuant to paragraphs (b) or (c) of Clause 30.2 (Disenfranchisement of Parent Affiliates)) 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 Agent may assume that:
(Ai) any instructions received by it from the Majority Note SubscribersLenders, any Subscribers Lenders or any group of Subscribers Lenders are duly given in accordance with the terms of the Finance Documents; and
(Bii) unless it has received notice of revocation, that those instructions have not been revoked; and
. 171 (iiic) The Agent may rely on a certificate from any person:
(Ai) as to any matter of fact or circumstance which might reasonably be expected to be within the knowledge of that person or within that person’s power to verify; or
(Bii) to the effect that such person approves of any particular dealing, transaction, step, action or thing, as sufficient evidence that that is the case and, in the case of paragraph (Ac)(i) above, may assume the truth and accuracy of that certificate.
Appears in 1 contract