Common use of Assignments and transfer by Obligors Clause in Contracts

Assignments and transfer by Obligors. (a) Except as set out below, no Obligor may assign any of its rights or transfer any of its rights or obligations under the Finance Documents. (b) Notwithstanding paragraph (a) above, a Finance Company which is the Borrower of any Loan may novate its obligations under all such Loans to any other Finance Company which becomes a Borrower in accordance with Clause 32.2 (Additional Borrowers) and which is incorporated in the same jurisdiction as the original Finance Company, provided that the Obligors’ Agent gives the Facility Agent at least five Business Days’ prior written notice. Such Loans shall be novated to such other Finance Company in accordance with the relevant Accession Letter on the date on which the Facility Agent executes that Accession Letter.

Appears in 1 contract

Sources: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD)

Assignments and transfer by Obligors. (a) Except as set out below, no Obligor may assign any of its rights or transfer any of its rights or obligations under the Finance Documents. (b) Notwithstanding paragraph (a) above, a Finance Company which is the Borrower of any Loan may novate its obligations under all such Loans to any other Finance Company which becomes a Borrower in accordance with Clause 32.2 33.2 (Additional Borrowers) and which is incorporated in the same jurisdiction as the original Finance Company, provided that the Obligors’ Agent gives the Facility Agent at least five Business Days’ prior written notice. Such Loans shall be novated to such other Finance Company in accordance with the relevant Accession Letter on the date on which the Facility Agent executes that Accession Letter.

Appears in 1 contract

Sources: Facility and Subscription Agreement (BHP Billiton PLC)

Assignments and transfer by Obligors. (a) Except as set out below, no Obligor may assign any of its rights or transfer any of its rights or obligations under the Finance Documents. (b) Notwithstanding paragraph (a) above, a Finance Company which is the Borrower of any Loan may novate its obligations under all such Loans to any other Finance Company which becomes a Borrower in accordance with Clause 32.2 34.2 (Additional Borrowers) and which is incorporated in the same jurisdiction as the original Finance Company, provided that the Obligors’ Agent gives the Facility Agent at least five Business Days’ prior written notice. Such Loans shall be novated to such other Finance Company in accordance with the relevant Accession Letter on the date on which the Facility Agent executes that Accession Letter.

Appears in 1 contract

Sources: Amendment Agreement (BHP Billiton PLC)