Common use of Terms of Ancillary Facilities Clause in Contracts

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the Company. (b) However, those terms: (i) must be based upon normal commercial terms at that time (except as varied by this Agreement); (ii) may allow only Borrowers to use the Ancillary Facility; (iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment with respect to the Revolving Facility of that Lender; and (v) must ensure that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid not later than the Termination Date for the Revolving Facility. (c) If there is any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail except for Clause 35.3 (Day Count Convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other than the fee referred to in paragraph (d) of Clause 9.7 (Interest, Commitment Commission and Fees on Ancillary Facilities).

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary relevant Facility C Lender and the Companyrelevant Borrower. (b) However, those termsThe terms of each Ancillary Facility: (i) must be based upon normal commercial terms at that time (except as varied by this Agreementagreement); (ii) may allow only Borrowers to use the Ancillary Facility; (iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a the relevant Facility C Lender to exceed the Available Commitment with respect to under Facility C of the Revolving relevant Facility of that C Lender; and (v) must ensure require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid (or cash cover provided in respect of all the Ancillary Outstandings) not later than the Termination Final Repayment Date for (or such earlier date as the Revolving FacilityCommitment of the relevant Facility C Lender under Facility C is reduced to zero). (c) If there is any inconsistency between any term of an Ancillary Facility and any term of this Agreementagreement, this Agreement agreement shall prevail except for Clause 35.3 (Day Count Convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other than the fee referred to in paragraph (d) of Clause 9.7 (Interest, Commitment Commission and Fees on Ancillary Facilities)prevail.

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the CompanyParent. (b) However, those terms: (i) must be based upon normal commercial terms at that time (except as varied by this Agreement); (ii) may allow only Borrowers to use the Ancillary Facility; (iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment with respect to the Revolving Facility of that Lender; and (v) must ensure require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid (or cash cover provided in respect of all the Ancillary Outstandings) not later than the Termination Date for the Revolving FacilityDate. (c) If there is any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail except for (i) Clause 35.3 37.3 (Day Count Conventioncount convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other and (ii) an Ancillary Facility comprising more than one account where the fee referred to in paragraph terms of the Ancillary Documents shall prevail. (d) of Interest, commission and fees on Ancillary Facilities are dealt with in Clause 9.7 17.5 (Interest, Commitment Commission commission and Fees fees on Ancillary Facilities).

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the Company. (b) Parent. However, those terms: (i) : must be based upon normal commercial terms at that time (except as varied by this Agreement); (ii) ; may allow only Borrowers to use the Ancillary Facility; (iii) ; may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) ; may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment with respect to the Revolving Facility of that Lender; and (v) and must ensure require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid (or cash cover provided in respect of all the Ancillary Outstandings) not later than the Termination Date for the Revolving Facility. (c) Date. If there is any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail except for (i) Clause 35.3 37.3 (Day Count Conventioncount convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other and (ii) an Ancillary Facility comprising more than one account where the fee referred to terms of the Ancillary Documents shall prevail. Interest, commission and fees on Ancillary Facilities are dealt with in paragraph (d) of Clause 9.7 17.5 (Interest, Commitment Commission commission and Fees fees on Ancillary Facilities).

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the Company. (b) However, those terms: (i) must be based upon normal commercial rates and terms at that time (except as varied by this Agreement); (ii) may allow only Borrowers to use the Ancillary Facility; (iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment with respect to the Revolving Facility of that Lender; and (v) must ensure require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid not later than the Termination Date for (or such earlier date as the Revolving FacilityCommitment of the relevant Ancillary Lender is reduced to zero). (c) If there is any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail except for Clause 35.3 (i) clause 37.3 (Day Count Conventioncount convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other and (ii) an Ancillary Facility comprising more than one account where the fee referred terms of the Ancillary Documents shall prevail to the extent required to permit the netting of balances on those accounts and (iii) where the relevant term of this Agreement would be contrary to, or inconsistent with, the law governing the relevant Ancillary Document, in paragraph (d) which case that term of Clause 9.7 (Interest, Commitment Commission and Fees on Ancillary Facilities)this Agreement shall not prevail.

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the Companyrelevant Borrower. (b) However, those terms: (i) must be based upon normal commercial terms at that time (except as varied by this Agreement); (ii) may allow only Borrowers to use the Ancillary Facility; (iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment with respect to the Revolving Facility of that Lender; and (v) must ensure require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid (or cash cover provided in respect of all the Ancillary Outstandings) not later than the Termination Date for the Revolving FacilityFacility (or such earlier date as the Revolving Facility Commitment of the Ancillary Lender (or its Affiliate) is reduced to zero). (c) If there is any inconsistency between any term of an the Ancillary Facility and any term of this Agreement, this Agreement shall prevail except for (i) Clause 35.3 34.3 (Day Count Conventioncount convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other and (ii) an Ancillary Facility comprising more than one account where the fee referred to in paragraph terms of the Ancillary Documents shall prevail. (d) of Interest, commission and fees on Ancillary Facilities are dealt with in Clause 9.7 14.5 (Interest, Commitment Commission commission and Fees fees on Ancillary Facilities).

Terms of Ancillary Facilities. (a) Except as provided below, the terms of any Ancillary Facility will be those agreed by the Ancillary Lender and the Company. (b) However, those terms: (i) must be based upon normal commercial terms at that time (except as varied by this Agreement); (ii) may allow only Borrowers (or Affiliates of Borrowers nominated pursuant to Clause 7.9 (Affiliates of Borrowers)) to use the Ancillary Facility; (iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment with respect to the Revolving Facility C of that Lender; and (v) must ensure require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid (or cash cover provided in respect of all the Ancillary Outstandings) not later than the Termination Date for the Revolving Facilities unless the Company otherwise agrees with the provider of an Ancillary Facility. (c) If there is any inconsistency between any term of an Ancillary Facility and any term of this Agreement, this Agreement shall prevail except for (i) Clause 35.3 33.3 (Day Count Conventioncount convention) which shall not prevail for the purposes of calculating fees, interest or commission relating to an Ancillary Facility other and (ii) an Ancillary Facility comprising more than one account where the fee referred to in paragraph terms of the Ancillary Documents shall prevail. (d) of Interest, commission and fees on Ancillary Facilities are dealt with in Clause 9.7 13.5 (Interest, Commitment Commission commission and Fees fees on Ancillary Facilities).