Additional Borrowings. (a) Any amount of a Tranche A Loan prepaid in accordance with Clause 21.3 (Mandatory prepayment - change of control), but only to the extent that (i) the obligation to prepay arose as a result of an event set out in Clause 21.3(a)(i), 21.3(a)(iii) and 21.3(a)(iv) occurring; (ii) such event has been remedied and (iii) the remedy was effected within three months of the underlying event occurring, Clause 21.4 (Mandatory prepayment for VTL requirement) or Clause 7.5 (Voluntary prepayment) or repaid on the last day of its Term other than to the extent that a Rollover Loan refinanced it or as a result of a mandatory prepayment under Clauses 21.1 (Mandatory prepayment - illegality), 21.2 (Mandatory Prepayment - Unlawfulness) or Clause 21.3 (Mandatory prepayment - change of control) (other than in the circumstances set out above) may (subject to the conditions precedent to utilisation set-out in this Agreement and to the amount reborrowed not exceeding the amount so prepaid or repaid) be reborrowed in whole or in part at any time up to and including the Final Maturity Date (subject always to the Term selected being 1, 2, 3 or 6 months or such other period as the Company and the Lenders agree and provided always that such period does not end after the Final Maturity Date) provided that any such Loan is utilised either (a) to purchase TI Shares or (b) for other general corporate purposes consistent with the object of the Company as detailed in section 2 of the by laws of the Company in force as at 4th November 2004. (b) Any amount of a Tranche C Loan prepaid in accordance with Clause 21.3 (Mandatory prepayment - change of control), but only to the extent that (i) the obligation to prepay arose as a result of an event set out in Clause 21.3(a)(i), 21.3(a)(iii) and 21.3(a)(iv) occurring, (ii) such event has been remedied and (iii) the remedy was effected within three months of the underlying event occurring, Clause 21.4 (Mandatory prepayment for VTL requirement) or Clause 7.5 (Voluntary prepayment) or repaid on the last day of its Term other than to the extent that a Rollover Loan refinanced it or as a result of a mandatory prepayment under Clauses 21.1 (Mandatory prepayment - illegality), 21.2 (Mandatory Prepayment - Unlawfulness) or Clause 21.3 (Mandatory prepayment - change of control) (other than in the circumstances set out above) may (subject to the conditions precedent to utilisation set-out in this Agreement and to the amount reborrowed not exceeding the amount so prepaid or repaid) be reborrowed in whole or in part at any time up to and including Final Maturity Date (subject always to the Term selected being 1, 2, 3 or 6 months or such other period as the Company and the Lenders agree and provided always that such period does not end after the Final Maturity Date) provided that any such Loan is utilised either (a) to purchase TI Shares or (b) for other general corporate purposes consistent with the object of the Company as detailed in section 2 of the by laws of the Company in force as at 4th November 2004.
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Edizione Holding Spa), Revolving Credit Facility (Telecom Italia S P A)