Security Agent’s management time and additional remuneration Sample Clauses
Security Agent’s management time and additional remuneration. (a) Any amount payable to the Security Agent under Clause 30.11 (Obligors’ Indemnity to the Security Agent), Clause 30.12 (Secured Parties’ Indemnity to the Security Agent) or Clause 18 (Costs and Expenses) shall include the cost of utilising the Security Agent’s management time or other resources incurred or employed by the Security Agent in connection with the enforcement of the Transaction Security Documents and will be calculated on the basis of such reasonable daily or hourly rates as the Security Agent may notify to the Parent and the Secured Parties, and is in addition to any other fee paid or payable to the Security Agent.
(b) Without prejudice to paragraph (a) above, in the event of:
(i) a Default; or
(ii) the Security Agent being requested by an Obligor or the Agent to undertake duties which the Security Agent and the Obligors’ Agent agree to be of an exceptional nature or outside the scope of the normal duties of the Security Agent under the Finance Documents; or
(iii) the Security Agent and the Obligors’ Agent agreeing that it is otherwise appropriate in the circumstances, the Obligors’ Agent shall pay to the Security Agent any additional remuneration (together with any applicable VAT) that may be agreed between them or determined pursuant to paragraph (c) below.
(c) If the Security Agent and the Obligors’ Agent fail to agree upon the nature of the duties or upon the additional remuneration referred to in paragraph (a) above or whether additional remuneration is appropriate in the circumstances, any dispute shall be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Security Agent and approved by the Obligors’ Agent or, failing approval, nominated (on the application of the Security Agent) by the President for the time being of the Law Society of England and Wales (the costs of the nomination and of the investment bank being payable by the Obligors’ Agent) and the determination of any investment bank shall be final and binding upon the Parties.
Security Agent’s management time and additional remuneration. (a) Subject to paragraph (b) below, in the event of:
(i) a Default; or
(ii) the Security Agent being requested by an Obligor or BHL or the Lenders to undertake duties which the Security Agent and the Borrower agree to be of an exceptional nature or outside the scope of the normal duties of the Security Agent under the Finance Documents; or
(iii) the Security Agent and the Borrower agreeing that it is otherwise appropriate in the circumstances, the Borrower shall pay to the Security Agent any additional remuneration (together with any applicable VAT) calculated on the basis of the reasonable daily or hourly rates as agreed between the Security Agent and the Borrower.
(b) If the Security Agent and the Borrower fail to agree upon the nature of the duties of the Security Agent in relation to any action or upon the additional remuneration under paragraph (a) above, any dispute shall be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Security Agent and approved by the Borrower or, failing approval, nominated (on the application of the Security Agent) by the President for the time being of the Law Society of England and Wales (the costs of the nomination and of the investment bank being payable by the Borrower) and the determination of any investment bank shall be final and binding upon the Parties.
Security Agent’s management time and additional remuneration. Any amount payable to each Security Agent under Clause 24.10 (Finance Parties’ Indemnity to the Security Agent), Clause 16 (Fees, Costs and Expenses) or Clause 14.3 (Indemnity to the Administrative Agents) shall include the cost of utilising the Security Agent’s management time or other resources (in each case without double counting for any agreed fees already paid by the Borrower) and will be calculated on the basis of such reasonable daily or hourly rates as the Security Agent has agreed in advance with the Borrower and the Finance Parties, and is in addition to any other fee paid or payable to the Security Agent.
Security Agent’s management time and additional remuneration. (a) Any amount payable to the Security Agent under Clause 10.4 (Indemnity to the Security Agent) and this Clause 12 shall include the cost of utilising the Security Agent's management time or other resources and will be calculated on the basis of such reasonable daily or hourly rates as the Security Agent may notify to the Company and the Financiers, and is in addition to any other fee paid or payable to the Security Agent.
(b) Without prejudice to paragraph (a) above, in the event of: ( i ) a D e f a u l t ;
Security Agent’s management time and additional remuneration. (a) Any amount payable to the Security Agent under Clause 17.4 (Indemnity to the Security Agent) and this Clause 19 shall include the cost of utilising the Security Agent’s management time or other resources and will be calculated on the basis of such reasonable daily or hourly rates as the Security Agent may notify to the Parent and the Lenders, and is in addition to any other fee paid or payable to the Security Agent.
(b) Without prejudice to paragraph (a) above, in the event of:
(i) a Default;
(ii) the Security Agent being requested by an Obligor or the Majority Lenders to undertake duties which the Security Agent and the Parent agree to be of an exceptional nature or outside the scope of the normal duties of the Security Agent under the Finance Documents; or
(iii) the Security Agent and the Parent agreeing that it is otherwise appropriate in the circumstances,
Security Agent’s management time and additional remuneration. (a) Any amount payable to the Security Agent under Clause 16.4 (Obligor’s Indemnity to the Security Agent) and Clause 18 (Costs and expenses) shall include the cost of utilising the Security Agent’s management time or other resources and will be calculated on the basis of such reasonable daily or hourly rates as the Security Agent may notify to the Company and the Lenders, and is in addition to any other fee paid or payable to the Security Agent.
(b) Without prejudice to paragraph (a) above, in the event of:
(i) a Default;
(ii) the Security Agent being requested by an Obligor or the Majority Lenders to undertake duties which the Security Agent and the Company agree to be of an exceptional nature or outside the scope of the normal duties of the Security Agent under the Finance Documents; or
(iii) the Security Agent and the Company agreeing that it is otherwise appropriate in the circumstances, the Company shall pay to the Security Agent any additional remuneration that may be agreed between them or determined pursuant to paragraph (c) below.
(c) If the Security Agent and the Company fail to agree upon the nature of the duties, or upon the additional remuneration referred to in paragraph (b) above or whether additional remuneration is appropriate in the circumstances, any dispute shall be determined by an investment bank (acting as an expert and not as an arbitrator) selected by the Security Agent and approved by the Company or, failing approval, nominated (on the application of the Security Agent) by the President for the time being of the Law Society of Singapore (the costs of the nomination and of the investment bank being payable by the Company) and the determination of any investment bank shall be final and binding upon the Parties.