Those terms. (i) must be based upon normal commercial terms at that time (except as varied by this Agreement);
(ii) may allow only the Borrower to use the Ancillary Facility;
(iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment;
(iv) may not allow a Lender’s Ancillary Commitment to exceed that Lender’s Available Commitment relating to the Revolving Facility (before taking into account the effect of the Ancillary Facility on that Available Commitment); and
(v) must require that the Ancillary Commitment is reduced to zero, and that all Ancillary Outstandings are repaid not later than the Termination Date applicable to the Revolving Facility (or such earlier date as the Revolving Facility Commitment of the relevant Ancillary Lender (or its Affiliate) is reduced to zero).
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 6.9 (Affiliates of Borrowers)) to use the Ancillary Facility;
(iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment;
(iv) may not allow a Xxxxxx’s Ancillary Commitment to exceed that Xxxxxx’s Available Commitment relating to the Revolving Facility (before taking into account the effect of the Ancillary Facility on that Available Commitment); and
(v) must require that the Ancillary Commitment is reduced to zero, and that all Ancillary Outstandings are repaid not later than the Termination Date applicable to the Revolving Facility (or such earlier date as the Revolving Facility Commitment of the relevant Ancillary Lender (or its Affiliate) is reduced to zero).
Those terms. (a) must be based upon normal commercial terms at that time (except as varied by this Agreement);
(b) may only allow the Company to use the Ancillary Facility;
(c) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment;
(d) may not allow the Ancillary Commitment of a Lender to exceed the Available Commitment of that Lender (before taking into account the effect of the Ancillary Facility on that Available Commitment); and
(e) must require that the Ancillary Commitment is reduced to nil, and that all Ancillary Outstandings are repaid not later than the Final Maturity Date (or such earlier date as the Commitment of the relevant Ancillary Lender (or its Affiliate) is reduced to zero).
Those terms. (a) must be based upon normal commercial terms at that time (except as varied by this Agreement);
(b) may allow only Borrowers to use Ancillary Facilities; and
(c) must comply with the provisions of this Agreement including, without limitation, in relation to Term, currency and amount.
Those terms. (i) must be based upon normal commercial terms at that time (except as varied by this Agreement);
(ii) may allow only Borrowers (and Affiliates of Borrowers pursuant to Clause 7.11 (Affiliates of Borrowers)) to use the Ancillary Facility;
Those terms. (1) must be based upon normal commercial terms at that time (except as varied by this Agreement);
(2) may allow only Borrowers (or Affiliates of Borrowers nominated pursuant to Clause 7.9 (Affiliates of Borrowers)) to use the Ancillary Facility;
(3) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment;
(4) may not allow a Xxxxxx’s Ancillary Commitment to exceed that Xxxxxx’s Available Commitment (before taking into account the effect of the Ancillary Facility on that Available Commitment); and
(5) must require that the Ancillary Commitment is reduced to zero, and that all Ancillary Outstandings are repaid not later than the Termination Date (or such earlier date as the Commitment of the relevant Ancillary Lender (or its Affiliate) is reduced to zero).
Those terms. (i) (A) must be based upon normal commercial terms at that time (except as varied by this Agreement), (B) shall provide that performance bonds, stand-by letters of credit and bank guarantees may have the term selected by the relevant Borrower and may only be in favour of beneficiaries agreed to by the relevant Ancillary Lender in accordance with the policy requirements of the Ancillary Lender as to beneficiaries of bonds, stand-by letter of credits and/or guarantees;
(ii) may allow only Borrowers under the Original Revolving Facility or an Additional Revolving Facility or a Refinancing Revolving Facility (or Affiliates of Borrowers under the Original Revolving Facility or an Additional Revolving Facility or a Refinancing Revolving Facility (in each case, as applicable)) in accordance with Clause 9.11 (Affiliates of Borrowers) to use the Ancillary Facility (although it may provide that Borrowers may request bonds, letters of credit or guarantees on behalf of other members of the Group);
(iii) may not allow the Ancillary Outstandings to exceed the Ancillary Commitment under that Ancillary Facility;
(iv) may not allow the Ancillary Commitment of a Lender to exceed that Lender's Available Commitment with respect to the relevant Original Revolving Facility or Additional Revolving Facility or Refinancing Revolving Facility (as applicable); and
(v) must require either (A) that the Ancillary Commitment is reduced to zero 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 Original Revolving Facility or the relevant Additional Revolving Facility or the relevant Refinancing Revolving Facility (as applicable) (or such earlier date as the Original Revolving Facility Commitment or the relevant Additional Revolving Facility Commitment or the relevant Refinancing Revolving Facility Commitment of the relevant Ancillary Lender (or its Affiliate) is reduced to zero) or (B) that if the commitment under the relevant Ancillary Facility is able to continue in effect beyond such time (a Continuing Commitment), it will not continue as an Ancillary Commitment under the Facilities and that the Lender providing such commitment will cease to be a Finance Party in relation to the Continuing Commitment and cease to benefit from any rights under the Finance Documents as from such time.
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 9.9 (Affiliates of Borrowers)) to use the RCF Ancillary Facility;
(iii) may not allow the RCF Ancillary Outstandings to exceed the RCF Ancillary Commitment;
(iv) may not allow a Xxxxxx's RCF Ancillary Commitment to exceed that Xxxxxx's Available Commitment relating to Revolving Facility 2 (before taking into account the effect of the RCF Ancillary Facility on that Available Commitment); and
(v) must require that the RCF Ancillary Commitment is reduced to zero, and that all RCF Ancillary Outstandings are repaid not later than the Termination Date applicable to Revolving Facility 2 (or such earlier date as the Revolving Facility 2 Commitment of the relevant RCF Ancillary Lender (or its Affiliate) is reduced to zero).
Those terms. 8.7.1 must be based upon normal commercial terms at that time (except as varied by this Agreement);
8.7.2 may allow only Borrowers (or Affiliates of Borrowers nominated pursuant to clauses 8.20 to 8.24 (Affiliates of Borrowers)) to use the Ancillary Facility;
8.7.3 may not allow the Ancillary Outstandings to exceed the Ancillary Commitment;
8.7.4 may not allow a Lender’s Ancillary Commitment to exceed that Xxxxxx’s Available Commitment (before taking into account the effect of the Ancillary Facility on that Available Commitment); and
8.7.5 must require that the Ancillary Commitment is reduced to zero, and that all Ancillary Outstandings are repaid not later than the Termination Date (or such earlier date as the Commitment of the relevant Ancillary Lender (or its Affiliate) is reduced to zero).
