Examples of Facility Beneficiaries in a sentence
Each of the other Facility Beneficiaries agrees that the obligations, rights and benefits vested in the Facility Security Trustee shall be performed and exercised in accordance with this clause 15.
The Borrower shall ensure that at all times the claims of the Facility Beneficiaries against it under the Facility Documents rank at least pari passu with the claims of all its other unsecured creditors save those whose claims are preferred by any bankruptcy, insolvency, liquidation, winding-up or other similar laws of general application.
Nothing contained in this clause 22 shall limit the right of the Facility Beneficiaries to commence any proceedings against the Borrower in any other court of competent jurisdiction nor shall the commencement of any proceedings against the Borrower in one or more jurisdictions preclude the commencement of any proceedings in any other jurisdiction, whether concurrently or not.
The Facility Security Trustee agrees and declares, and each of the other Facility Beneficiaries acknowledges, that, subject to the terms and conditions of this clause 15.3, the Facility Security Trustee holds the Secured Property on trust for the Facility Beneficiaries absolutely.
No variation or amendment of a Facility Document shall be valid unless in writing and signed on behalf of all the Facility Beneficiaries and the relevant Security Party.
Neither it nor any Security Party is a FATCA FFI or a US Tax Obligor provided that, in the absence of dishonesty, wilful misconduct or gross negligence and without prejudice to any other remedies available to the Facility Beneficiaries, a misrepresentation under or breach of this clause 11.20 shall be disregarded for the purpose of determining whether an Event of Default or Default has occurred.
The Borrower shall promptly notify the Facility Agent if any Security Party becomes or ceases to be a FATCA FFI or a US Tax Obligor, provided that, in the absence of dishonesty, wilful misconduct or gross negligence and without prejudice to any other remedies available to the Facility Beneficiaries, a breach of this clause 12.1.32 shall be disregarded for the purpose of determining whether an Event of Default or Default has occurred.
In the event that JPMorgan Chase Bank, N.A. does not designate a successor, the Litigation Trustee shall nominate a representative of a Credit Facility Beneficiary as the successor LTAC Member and such nominee shall become the successor LTAC Member if such nominee agrees to serve in such capacity and such nominee is approved by a written consent of the majority in dollar amount, or the affirmative vote of the majority in dollar amount of those voting, of the Credit Facility Beneficiaries.
The Facility Agent and/or the GIEK Agent may, without any liability to account to the Facility Lenders or the Facility Beneficiaries (in the case of the Facility Security Trustee), generally engage in any kind of banking or trust business with a Security Party or with a Security Party’s subsidiaries or associated companies or with a Facility Lender or the Facility Beneficiaries (in the case of the Facility Security Trustee) as if it were not the Facility Agent or, as the case may be, the GIEK Agent.
For the avoidance of doubt, the Credit Facility Beneficiaries will not be entitled to receive any portion of the Initial Distribution Amount.