Rollover Advances. Without prejudice to each Borrower’s obligation to repay the full amount of each Revolving Facility Advance made to it on the applicable Repayment Date, where, on the same day on which such Borrower is due to repay a Revolving Facility Advance (a “Maturing Advance”) such Borrower has also requested that one or more Revolving Facility Advances in the same currency as and in an amount which is equal to or less than the Maturing Advance be made to it (a “Rollover Advance”), subject to the Lenders being obliged to make such Rollover Advance under Clause 4.1 (Conditions to Utilisation), the aggregate amount of the Rollover Advance shall be treated as if applied in or towards repayment of the Maturing Advance so that: (a) if the amount of the Maturing Advance exceeds the aggregate amount of the Rollover Advance: (i) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and (ii) each Lender’s participation (if any) in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation (if any) in the Maturing Advance and that Lender will not be required to make its participation in the Rollover Advance available in cash; and (b) if the amount of the Maturing Advance is equal to or less than the aggregate amount of the Rollover Advance: (i) the relevant Borrower will not be required to make any payment in cash; and (ii) each Lender will be required to make its participation in the Rollover Advance available in cash only to the extent that its participation (if any) in the Rollover Advance exceeds that Lender’s participation (if any) in the Maturing Advance and the remainder of that Lender’s participation in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation in the Maturing Advance.
Appears in 4 contracts
Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Rollover Advances. Without prejudice (a) If a Rollover Advance is to each Borrower’s obligation be denominated in the same Optional Currency as the maturing Revolving Facility Advance which it is to repay the full Agent shall calculate the amount of each Revolving Facility Advance made to it on the applicable Repayment Date, where, on the same day on which such Borrower is due to repay a Revolving Facility Advance (a “Maturing Advance”) such Borrower has also requested that one or more Revolving Facility Advances in the same currency as and in an amount which is Optional Currency equal to or less than the Maturing Advance be made to it (a “Rollover Advance”), subject to the Lenders being obliged to make such Rollover Advance under Clause 4.1 (Conditions to Utilisation), the aggregate amount Sterling Amount of the Rollover Advance shall be treated as if applied in or towards repayment at the Agent’s spot rate of the Maturing Advance so thatexchange and, subject to paragraph (b) of this Clause:
(ai) if the amount of Optional Currency calculated is less than the Maturing Advance exceeds the aggregate amount of the Rollover Advance:
(i) the relevant Borrower will only be required to pay an amount in cash maturing Revolving Facility Advance in the relevant currency Optional Currency, the Agent shall promptly notify the Obligors’ Agent and the Borrower of the relevant Rollover Advance shall pay, on the day that the maturing Revolving Facility Advance is to be repaid, an amount equal to that excessthe difference; andor
(ii) each Lender’s participation (if any) in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation (if any) in the Maturing Advance and that Lender will not be required to make its participation in the Rollover Advance available in cash; and
(b) if the amount of the Maturing Advance Optional Currency calculated is equal to or less more than the aggregate amount of the Rollover Advance:maturing Revolving Facility Advance in the relevant Optional Currency, the Agent shall promptly notify each Lender and, if no Event of Default is continuing, each Lender shall, on the day that the maturing Revolving Facility Advance is to be repaid, pay a proportion of the difference equal to the proportion that its Revolving Facility Commitment bears to the Total Revolving Facility Commitments on the relevant date.
(ib) If the calculation made by the Agent pursuant to paragraph (a) of this Clause shows that the amount of the relevant Borrower will not Revolving Facility Advance in the relevant Optional Currency converted into Sterling at the Agent’s spot rate of exchange has increased or decreased (taking into account any payments pursuant to paragraph (a) above) by less than 5 per cent. compared to its Sterling Amount, no notification shall be made by the Agent and no payment shall be required to make any payment in cash; and
under paragraph (iia) each Lender will be required to make its participation in the Rollover Advance available in cash only to the extent that its participation (if any) in the Rollover Advance exceeds that Lender’s participation (if any) in the Maturing Advance and the remainder of that Lender’s participation in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation in the Maturing Advancethis Clause.
Appears in 2 contracts
Samples: Loan Agreement (United Biscuits Finance PLC), Facilities Agreement (United Biscuits Finance PLC)
Rollover Advances. Without prejudice to each Borrower’s obligation to repay the full amount of each Revolving Facility Advance and each Additional Facility Advance in relation to a revolving facility made to it on the applicable Repayment Date, where, on the same day on which such Borrower is due to repay a Revolving Facility Advance or an applicable Additional Facility Advance (a “Maturing Advance”) such Borrower has also requested that one or more Revolving Facility Advances or an applicable Additional Facility Advances in the same currency as and in an amount which is equal to or less than the Maturing Advance be made to it (a “Rollover Advance”), subject to the Lenders being obliged to make such Rollover Advance under Clause 4.1 (Conditions to Utilisation), the aggregate amount of the Rollover Advance shall be treated as if applied in or towards repayment of the Maturing Advance so that:
(a) if the amount of the Maturing Advance exceeds the aggregate amount of the Rollover Advance:
(i) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(ii) each Lender’s participation (if any) in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation (if any) in the Maturing Advance and that Lender will not be required to make its participation in the Rollover Advance available in cash; and
(b) if the amount of the Maturing Advance is equal to or less than the aggregate amount of the Rollover Advance:
(i) the relevant Borrower will not be required to make any payment in cash; and
(ii) each Lender will be required to make its participation in the Rollover Advance available in cash only to the extent that its participation (if any) in the Rollover Advance exceeds that Lender’s participation (if any) in the Maturing Advance and the remainder of that Lender’s participation in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation in the Maturing Advance.
Appears in 1 contract
Rollover Advances. Without prejudice to each Borrower’s obligation to repay the full amount of each Revolving Facility Advance and each Additional Facility Advance in relation to a revolving facility made to it on the applicable Repayment Date, where, on the same day on which such Borrower is due to repay a Revolving Facility Advance or an applicable Additional Facility Advance (a “Maturing Advance”) such Borrower has also requested that one or more Revolving Facility Advances or an applicable Additional Facility Advances in the same currency as and in an amount which is equal to or less than the Maturing Advance be made to it (a “Rollover Advance”), subject to the Lenders being obliged to make such Rollover Advance under Clause 4.1 (Conditions to Utilisation), the aggregate amount of the Rollover Advance shall be treated as if applied in or towards repayment of the Maturing Advance so that:
(a) if the amount of the Maturing Advance exceeds the aggregate amount of the Rollover Advance:
(i) the relevant Borrower will only be required to pay an amount in cash in the relevant currency equal to that excess; and
(ii) each Lender’s participation (if any) in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation (if any) in the Maturing Advance and that Lender will not be required to make its participation in the Rollover Advance available in cash; and
(b) if the amount of the Maturing Advance is equal to or less than the aggregate amount of the Rollover Advance:
(i) the relevant Borrower will not be required to make any payment in cash; and
(ii) each Lender will be required to make its participation in the Rollover Advance available in cash only to the extent that its participation (if any) in the Rollover Advance exceeds that Lender’s participation (if any) in the Maturing Advance and the remainder of that Lender’s participation in the Rollover Advance shall be treated as having been made available and applied by the Borrower in or towards repayment of that Lender’s participation in the Maturing Advance.
Appears in 1 contract
Samples: Acquisition Facilities Agreement (Liberty Global PLC)