Common use of Sub-participation Clause in Contracts

Sub-participation. Nothing in this Agreement shall restrict the ability of a Lender to participate, sub-participate or sub-contract any or all of its rights and/or obligations hereunder so long as such Lender remains liable under this Agreement in relation to those obligations provided that if, as a result of laws or regulations in force or known to be coming into force at the time of the sub-participation the Company would be obliged to make payment to the Lender of any amount required to be paid by the Company under Clauses 10 (Taxes) or 11.2 (Increased Costs), that Lender shall not be entitled to receive or claim any amount under that Clause in excess of the amount that it would have been entitled to receive or claim if that sub-participation had not occurred.

Appears in 2 contracts

Samples: Propco Facility Agreement (Toys R Us Inc), Uk Propco Facility Agreement (Toys R Us Inc)

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Sub-participation. Nothing in this Agreement shall restrict the ability of a Lender to participate, sub-participate or sub-contract any or all of its rights and/or obligations hereunder so long as such Lender remains liable under this Agreement in relation to those obligations provided that if, as a result of laws or regulations in force or known to be coming into force at the time of the sub-participation the Company an Obligor would be obliged to make payment to the Lender of any amount required to be paid by the Company an Obligor under Clauses 10 14 (Taxes) or 11.2 15.2 (Increased Costs), that Lender shall not be entitled to receive or claim any amount under that Clause those Clauses in excess of the amount that it would have been entitled to receive or claim if that sub-participation had not occurred.

Appears in 1 contract

Samples: Senior Facilities Agreement (Toys R Us Inc)

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Sub-participation. Nothing in this Agreement shall restrict the ability of a Lender to participate, sub-participate or sub-contract any or all of its rights and/or obligations hereunder so long as such Lender remains liable under this Agreement in relation to those obligations provided that if, as a result of laws or regulations in force or known to be coming into LEGAL_EU # 10964296.8 force at the time of the sub-participation the Company would be obliged to make payment to the Lender of any amount required to be paid by the Company under Clauses 10 (Taxes) or 11.2 (Increased Costs), that Lender shall not be entitled to receive or claim any amount under that Clause in excess of the amount that it would have been entitled to receive or claim if that sub-participation had not occurred.

Appears in 1 contract

Samples: Propco Facility Agreement (Toys R Us Inc)

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