Use of proceeds and Sanctions. (a) The undertakings in this Clause 28.20 remain in force from the date of this Agreement for as long as any amount is outstanding under the Finance Documents or any Commitment is in force: (i) a Borrower will not request any Utilisation, and a Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Utilisation (A) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (B) in any manner that would result in the violation of any Sanctions applicable to any party hereto. Each Obligor shall, and shall procure that each other member of the Group shall, not knowingly use any revenue or benefit derived from any activity or dealing with a Sanctioned Person to be used in discharging any obligation due or owing to the Finance Parties; and (ii) each Obligor shall, and shall procure that each other member of the Group shall, to the extent permitted by law promptly upon becoming aware of them supply to the Agent, who will distribute to each Lender, details of any claim, action, suit, proceedings or investigation against it with respect to Sanctions by any Sanctions Authority. (b) Notwithstanding anything to the contrary contained in this Agreement or in any other Finance Document, the undertakings in this Clause 28.20 shall not be made to or for the benefit of any Specified Lender, no Specified Lender shall have any rights under this Clause 28.20 and each Specified Lender shall be deemed not to be a Lender solely for purposes of calculating any consent or vote of the Majority Lenders under Clause 29.16 (Acceleration) with respect to any breach of this Clause 28.20 (but in each case without prejudice to any other rights or obligations of any Specified Lender as a consequence of any Default occurring as a result of any breach of this Clause 28.20).
Appears in 4 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Use of proceeds and Sanctions. (a) The undertakings in this Clause 28.20 23.20 remain in force from the date of this Agreement for as long as any amount is outstanding under the Finance Documents or any Commitment is in force:
(i) a Borrower will not request any Utilisation, and a Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, directly or indirectly, the proceeds of any Utilisation (A) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, Person or in any Sanctioned Country, or (B) in any manner that would result in the violation of any Sanctions applicable to any party heretoSanctions. Each Obligor shall, and shall procure that each other member of the Group shall, not knowingly use any revenue or benefit derived from any activity or dealing with a Sanctioned Person to be used in discharging any obligation due or owing to the Finance Parties; and
(ii) each Obligor shall, and shall procure that each other member of the Group shall, to the extent permitted by law promptly upon becoming aware of them supply to the Agent, who will distribute to each Lender, details of any claim, action, suit, proceedings or investigation against it with respect to Sanctions by any Sanctions Authority.
(b) Notwithstanding anything to the contrary contained in this Agreement or in any other Finance Document, in relation to any Specified Lender the undertakings in under this Clause 28.20 23.20 shall not be made to or only apply for the benefit of any Specified Lender, no such Specified Lender shall have to the extent that the provisions would not result in any rights violation of, conflict with or liability under EU Regulation (EC) 2271/96 or a similar anti-boycott statute. In connection with any amendment, waiver, determination or direction relating to any part of this Clause 28.20 and each 23.20 of which a Specified Lender shall does not have the benefit, the Commitments of that Specified Lender will be deemed not to be a Lender solely excluded for purposes the purpose of calculating any determining whether the consent or vote of the Majority Lenders under Clause 29.16 (Acceleration) with respect to any breach of this Clause 28.20 (but in each case without prejudice to any other rights has been obtained or obligations of any Specified Lender as a consequence of any Default occurring as a result of any breach of this Clause 28.20)whether the determination or direction by the Majority Lenders has been made.
Appears in 1 contract
Samples: Senior Facility Agreement (International Game Technology PLC)
Use of proceeds and Sanctions. (a) The undertakings in this Clause 28.20 23.20 remain in force from the date of this Agreement for as long as any amount is outstanding under the Finance Documents or any Commitment is in force:
(i) a Borrower will not request any Utilisation, and a Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Utilisation (A) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (B) in any manner that would result in the violation of any Sanctions applicable to any party hereto. Each Obligor shall, and shall procure that each other member of the Group shall, not knowingly use any revenue or benefit derived from any activity or dealing with a Sanctioned Person to be used in discharging any obligation due or owing to the Finance Parties; and
(ii) each Obligor shall, and shall procure that each other member of the Group shall, to the extent permitted by law promptly upon becoming aware of them supply to the Agent, who will distribute to each Lender, details of any claim, action, suit, proceedings or investigation against it with respect to Sanctions by any Sanctions Authority.
(b) Notwithstanding anything to the contrary contained in this Agreement or in any other Finance Document, in relation to any Specified Lender the undertakings in under this Clause 28.20 23.20 shall not be made to or only apply for the benefit of any Specified Lender, no such Specified Lender shall have to the extent that the provisions would not result in (i) any rights violation of, conflict with or liability under EU Regulation (EC) 2271/96 or a similar anti-boycott statute. In connection with any amendment, waiver, determination or direction relating to any part of this Clause 28.20 and each 23.20 of which a Specified Lender shall does not have the benefit, the Commitments of that Specified Lender will be deemed not to be a Lender solely excluded for purposes the purpose of calculating any determining whether the consent or vote of the Majority Lenders under Clause 29.16 (Acceleration) with respect to any breach of this Clause 28.20 (but in each case without prejudice to any other rights has been obtained or obligations of any Specified Lender as a consequence of any Default occurring as a result of any breach of this Clause 28.20)whether the determination or direction by the Majority Lenders has been made.
Appears in 1 contract
Samples: Facilities Agreement (International Game Technology PLC)