Selection Notice. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (Schweiz) AG – $600,000,000 Multicurrency Loan Facility Agreement dated [ ] 2005 (the “Agreement”)
1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice.
2. We refer to the following Loan[s] with an Interest Period ending on [ ].*
3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:]** [We request that the next Interest Period for the above Loan[s] is [ ]].***
4. This Selection Notice is irrevocable. authorised signatory for [the Company on behalf of] [name of relevant Borrower] * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required.
1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank.
2. On the first day of each Interest Period (or as soon as possible thereafter) the Facility Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Facility Agent as a weighted average of the Lenders’ Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum.
3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Facility Agent. This percentage will be certified by that Lender in its notice to the Facility Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office.
4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Facility Agent as follows:
(a) in relati...
Selection Notice. Applicable to a Term Loan Marina Bay Sands Pte. Ltd. S$1,104,040,000 Facility Agreement dated 18 August 2006 (the “Agreement”)
1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice.
2. We refer to the following Facility [A/B/C] Loan[s] in [identify currency] with an Interest Period ending on [ ].*
3. [We request that the above Facility [A/B/C] Loan[s] be divided into [ ] Facility [A/B/C] Loans with the following amounts and Interest Periods:]** or [We request that the next Interest Period for the above Facility [A/B] Loan[s] is [ ]].***
4. This Selection Notice is irrevocable. * Insert details of all Facility A Loans, Facility B Loans or, as the case may be, Facility C Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. To: [ ] as Agent From: [The Existing Lender] (the “Existing Lender”) and [The New Lender] (the “New Lender”) Dated:
1. We refer to the Agreement. This is a Transfer Certificate. Terms defined in the Agreement have the same meaning in this Transfer Certificate unless given a different meaning in this Transfer Certificate.
2. We refer to Clause 23.5 (Procedure for transfer):
(a) The Existing Lender and the New Lender agree to the Existing Lender transferring to the New Lender by novation all or part of the Existing Lender’s Commitment, rights and obligations referred to in the Schedule in accordance with Clause 23.5 (Procedure for transfer).
(b) The proposed Transfer Date is [ ].
(c) The Facility Office and address, fax number and attention details for notices of the New Lender for the purposes of Clause 30.2 (Addresses) are set out in the Schedule.
(d) The New Lender agrees to be bound by the terms of the Agreement and the Security Trust Agreement as a Lender.
3. The New Lender expressly acknowledges the limitations on the Existing Lender’s obligations set out in paragraph (c) of Clause 23.4 (Limitation of responsibility of Existing Lenders).
4. The New Lender confirms that it is an Eligible Lender.
5. This Transfer Certificate may be executed in any number of counterparts and this has the same effect as if the signatures on the counterparts were on a single copy of this Transfer Certificate.
Selection Notice. APPLICABLE TO A FACILITY A LOAN
Selection Notice. From: [Borrower]* To: [Facility Agent] Dated: Dear Sirs
Selection Notice. From: [Borrower] To: [Agent] Dated: Dear Sirs
Selection Notice. From: [Borrower] To: [Agent] Dated: Dear Sirs 1 We refer to the Facilities Agreement. This is a Selection Notice. Terms defined in the Facilities Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice.
Selection Notice. Applicable to a Term Loan
Selection Notice. Applicable to a Facility A Term Loan, a Facility B Loan or a Facility C Loan Cemex – US$9,000,000,000 Acquisition Facilities Agreement
Selection Notice. Applicable to a Term Loan
1. We refer to the Facilities Agreement. This is a Selection Notice. Terms defined in the Facilities Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice.
2. We refer to the following Facility [A]/[B]/[C]/[Acquisition Facility]/[Acquisition Term] Loan[s] with an Interest Period ending on [ ]**.
3. [We request that the above Loan[s] be divided into [ ] Loans with the following Base Currency Amounts and Interest Periods:] *** or [We request that the next Interest Period for the above Facility [A]/[B]/[C]/[Acquisition Facility]/[Acquisition Term] Loan[s] is [ ]].****
4. This Selection Notice is irrevocable. [the Company on behalf of] [insert name of relevant Borrower]]/[insert name of Relevant Borrower]* NOTES: * Amend as appropriate. The Selection Notice can be given by the Borrower or the Company. ** Insert details of all Loans which have an Interest Period ending on the same date. *** Use this option if division of Loans for the relevant Facility is requested. **** Use this option if sub-division is not required.
