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; (ii) must only allow Borrowers to use the Ancillary Facility; (iii) must not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the Revolving Credit Commitment of that Lender (before reduction on account of the Ancillary Facility); and (v) must ensure that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid and/or cash-collateralised in full, not later than the Final Revolving Maturity Date. (c) In the event of any conflict between the terms of an Ancillary Finance Document and any of the other Senior Finance Documents, the terms of the relevant Senior Finance Document shall prevail.

Appears in 3 contracts

Samples: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions), Senior Credit Facility Agreement (JSG Funding PLC)

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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; (ii) must may allow only allow Borrowers to use the Ancillary Facility; (iii) must may not allow the Ancillary Outstandings to exceed the Ancillary Commitment; (iv) may not allow the Ancillary Commitment of a Lender to exceed the undrawn Revolving Credit Commitment of that Lender (before reduction on account of the Ancillary Facility)Lender; and (v) must ensure that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid and/or or cash-collateralised in full, not later than the Revolving Credit Final Revolving Maturity Date. (c) In the event of any conflict between the terms of Any document providing for an Ancillary Finance Document and any of the other Senior Finance Documents, the terms of the relevant Senior Finance Document shall prevailFacility is an Ancillary Facility Document.

Appears in 1 contract

Samples: Credit Facility Agreement (Enodis PLC)

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