Common use of Terms of Ancillary Facilities Clause in Contracts

Terms of Ancillary Facilities. (a) The terms applicable to each Ancillary Facility shall be as agreed between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document), provided that: (i) those terms shall be consistent with this Clause 9 and the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance (i) its working capital requirements and/or (ii) its general corporate purposes; (iii) the rate of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 (Voluntary cancellation of Ancillary Facilities), Clause 11 (Prepayment and cancellation) or Clause 26.16 (Acceleration). (b) Any material variation to any Ancillary Facility (including any proposed increase or reduction in the Ancillary Commitment) shall be in accordance with and subject to this Clause 9. (c) An amendment or waiver of any term of an Ancillary Facility shall not require the consent of any Finance Party other than the relevant Ancillary Lender unless the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that case, the provisions of this Agreement relating to amendments and waivers will apply. (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.

Terms of Ancillary Facilities. (a) The terms applicable to each Ancillary Facility shall be as agreed between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document), provided that: (i) those terms shall be consistent with this Clause 9 6 and the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance for the purposes set out in paragraph (ia) its working capital requirements and/or of Clause 3.1 (ii) its general corporate purposesPurpose); (iii) the rate of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender, provided that: (A) the rates of any commitment fees shall not exceed the rates set out in Clause 12.1 (Commitment fee); and (B) the rates of interest, other fees and other remuneration shall not exceed the rates set out in the Ancillary Facility Letter; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 6.8 (Voluntary cancellation of Ancillary Facilities), Clause 11 7.4 (Prepayment and cancellationRepayment of Ancillary Facilities), Clause 8.2 (Change of control) or Clause 26.16 23.17 (Acceleration). (b) Any material variation to any Ancillary Facility (including any proposed increase or reduction in the Ancillary Commitment) shall be in accordance with and subject to this Clause 96. (c) An amendment or waiver of any term of an Ancillary Facility shall not require the consent of any Finance Party other than the relevant Ancillary Lender unless the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that case, the provisions of this Agreement relating to amendments and waivers will apply. (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.

Terms of Ancillary Facilities. (a) The terms applicable to each on which Ancillary Facility Facilities are made available shall be as agreed set out in the relevant Ancillary Facility Letter as amended from time to time by agreement between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document)Obligors’ Agent, provided that: (i) those that the terms shall be consistent with this Clause 9 and governing the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance (i) its working capital requirements and/or (ii) its general corporate purposes; (iii) the rate operation of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 (Voluntary cancellation of Ancillary Facilities), Clause 11 (Prepayment and cancellation) or Clause 26.16 (Acceleration). (b) Any material variation to any Ancillary Facility (including the terms of any proposed increase or reduction counter-indemnity required in the Ancillary Commitmentconnection therewith) shall be based upon normal commercial terms and provided further that each Ancillary Facility Letter shall in accordance with and subject any event provide as follows: (a) that the Ancillary Facilities will cease to this Clause 9.be available on the Expiry Date for the Revolving Facility; (b) that utilisations of the Ancillary Facilities shall be made only for the general corporate purposes of the Group; (c) An amendment that no utilisation of the Ancillary Facilities will be permitted which gives rise to an actual or waiver contingent liability of any term the relevant Borrower to the Ancillary Lender which may mature after or otherwise extend beyond the Expiry Date; and (d) following the occurrence of an Event of Default which is continuing, an Ancillary Facility shall not require the consent Lender may (but prior to service of any Finance Party other than a notice under Clause 23.2 (Cancellation and Repayment) the relevant Ancillary Lender unless shall, only if so instructed by the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that caseAgent (acting on the instructions of the Majority Lenders)) and shall, if so instructed by the provisions Agent (acting on the instructions of this Agreement relating to amendments and waivers will applythe Majority Lenders), take the action described under Clause 23.3 (Ancillary Facilities). (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.

Terms of Ancillary Facilities. (a) The terms applicable to each Ancillary Facility shall be as agreed between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document), provided that: (i) those terms shall be consistent with this Clause 9 and the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance (i) its working capital requirements and/or (ii) its general corporate purposes; (iii) the rate of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 (Voluntary cancellation of Ancillary Facilities), Clause 11 (Prepayment and cancellation) or Clause 26.16 26.17 (Acceleration). (b) Any material variation to any Ancillary Facility (including any proposed increase or reduction in the Ancillary Commitment) shall be in accordance with and subject to this Clause 9. (c) An amendment or waiver of any term of an Ancillary Facility shall not require the consent of any Finance Party other than the relevant Ancillary Lender unless the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that case, the provisions of this Agreement relating to amendments and waivers will apply. (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.

Terms of Ancillary Facilities. (a) The terms applicable to each Ancillary Facility shall be as agreed between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document), provided that: (i) those terms shall be consistent with this Clause 9 6 and the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance for the purposes set out in paragraph (ia)(i) its working capital requirements and/or of Clause 3.1 (ii) its general corporate purposesPurpose); (iii) the rate of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender, provided that: (A) the rates of any commitment fees shall not exceed the rates set out in Clause 12.1 (Commitment fee); and (B) the rates of interest, other fees and other remuneration shall not exceed the rates set out in the Ancillary Facility Letter; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 6.8 (Voluntary cancellation of Ancillary Facilities), Clause 11 7.5 (Prepayment and cancellationRepayment of Ancillary Facilities), Clause 8.2 (Change of control) or Clause 26.16 23.17 (Acceleration). (b) Any material variation to any Ancillary Facility (including any proposed increase or reduction in the Ancillary Commitment) shall be in accordance with and subject to this Clause 96. (c) An amendment or waiver of any term of an Ancillary Facility shall not require the consent of any Finance Party other than the relevant Ancillary Lender unless the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that case, the provisions of this Agreement relating to amendments and waivers will apply. (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.

Terms of Ancillary Facilities. (a) The terms applicable to each Ancillary Facility shall be as agreed between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document), provided that: (i) those terms shall be consistent with this Clause 9 16 and the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance (i) its working capital requirements and/or (ii) its general corporate purposes; (iii) the rate of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 16.8 (Voluntary cancellation of Ancillary Facilities), Clause 11 18 (Prepayment and cancellation) or Clause 26.16 33.16 (Acceleration). (b) Any material variation to any Ancillary Facility (including any proposed increase or reduction in the Ancillary Commitment) shall be in accordance with and subject to this Clause 916. (c) An amendment or waiver of any term of an Ancillary Facility shall not require the consent of any Finance Party other than the relevant Ancillary Lender unless the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that case, the provisions of this Agreement relating to amendments and waivers will apply. (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.

Terms of Ancillary Facilities. (a) The terms applicable to each Ancillary Facility shall be as agreed between the relevant Ancillary Lender and the relevant Borrower (as set out in the applicable Ancillary Facility Document), provided that: (i) those terms shall be consistent with this Clause 9 10 and the details set out in the Ancillary Facility Request; (ii) utilisations under an Ancillary Facility shall be used only to finance for the purposes set out in paragraph (id) its working capital requirements and/or of Clause 3.1 (ii) its general corporate purposesPurpose); (iii) the rate of interest, fees and other remuneration in respect of the Ancillary Facility shall be based upon the normal market rates and terms from time to time of that Ancillary Lender, provided that: (A) the rates of any standby fees shall not exceed the rates set out in Clause 16.1 (Standby fee); and (B) the rates of interest, other fees and other remuneration shall not exceed the rates set out in the Ancillary Facility Letter; and (iv) cancellation, termination or enforcement of the Ancillary Facility shall only occur as described in Clause 9.8 10.9 (Voluntary cancellation of Ancillary Facilities), Clause 11 11.6 (Repayment of Ancillary Facilities), Clause 12.9 (Prepayment and cancellationAccount) or Clause 26.16 27.17 (Acceleration). (b) Any material variation to any Ancillary Facility (including any proposed increase or reduction in the Ancillary Commitment) shall be in accordance with and subject to this Clause 910. (c) An amendment or waiver of any term of an Ancillary Facility shall not require the consent of any Finance Party other than the relevant Ancillary Lender unless the amendment or waiver relates to a matter which would require an amendment to this Agreement. In that case, the provisions of this Agreement relating to amendments and waivers will apply. (d) In the case of any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail.