Common use of Immediately payable Clause in Contracts

Immediately payable. (a) If a claim is made under a Bond, the Bond Borrower which requested that Bond shall pay to the Facilities Agent for the account of the relevant Tranche D Lender(s) the amount of that claim promptly and in any event within three Business Days of demand. (b) If the relevant Bond Borrower does not repay such amount in full within three Business Days of demand by the relevant Tranche D Lender(s): (i) subject to Subclause (iv) below, the Bond Borrower will on the immediately following Business Day be deemed to have delivered a Loan Utilisation Request under Tranche D for a Loan Utilisation in an amount equal to, and in the same currency as, the amount demanded under paragraph (a) above with an Interest Period of two weeks and a Utilisation Date of the Business Day following the deemed date of the Loan Utilisation Request; (ii) the amount of each Lender’s share in the Loan Utilisation shall be determined in accordance with Clause 5.4; (iii) the Facilities Agent will pay to the relevant Tranche D Lender(s) which issued the Bond the amount deemed requested by the Bond Borrower under paragraph (i) above in full satisfaction of the Bond Borrower’s obligations under paragraph (a) above and a pro tanto discharge of the Bond Borrower’s obligations under Clause 1.2(a); and (iv) in any case where the Bond Borrower is not permitted under this Agreement to utilise Tranche D by way of Loan, the Loan Utilisation shall be deemed requested under Tranche C (or another Tranche under which it is permitted to utilise Loans), provided that if the amount of the Utilisation would exceed the Available Tranche C Facility (or other relevant Available Commitment) then the amount of such excess shall constitute a Loan Utilisation by Carnival plc under Tranche D (and then Tranche A, then Tranche B to the extent that Loan Utilisation under Tranche D exceeds the Available Tranche D Facility) in each case with an Interest Period of two weeks.

Appears in 1 contract

Sources: Multicurrency Revolving Facilities Agreement (Carnival PLC)

Immediately payable. (a) If a claim is made under a Bond, the Bond Borrower which requested that Bond shall pay to the Facilities Agent for the account of the relevant Tranche D Lender(s) Fronting Bank the amount of that claim promptly and in any event within three Business Days of demand. (b) If the relevant Bond Borrower does not repay such amount in full within three Business Days of demand by the relevant Tranche D Lender(s):Fronting Bank: (i) subject to Subclause (iv) below, the Bond Borrower will on the immediately following Business Day be deemed to have delivered a Loan Utilisation Request under Tranche D A for a Loan Utilisation in an amount equal to, and in the same currency as, the amount demanded under paragraph (aClause 7.1(a) above with an Interest Period of two weeks and a Utilisation Date of the Business Day following the deemed date of the Loan Utilisation Request; (ii) the amount of each Lender’s share in the Loan Utilisation shall be determined in accordance with Clause 5.4; (iii) the Facilities Agent will pay to the relevant Tranche D Lender(s) which issued the Bond Fronting Bank the amount deemed requested by the Bond Borrower under paragraph (i) above in full satisfaction of the Bond Borrower’s obligations under paragraph Clause 7.1 (a) above and a pro tanto discharge of the Bond Borrower’s obligations under Clause 1.2(a7.3(a); and (iv) in any case where the Bond Borrower is not permitted under this Agreement to utilise Tranche D A by way of Loan, the Loan Utilisation shall be deemed requested under Tranche C (or another Tranche under which it is permitted to utilise Loans), provided that if the amount of the Utilisation would exceed the Available Tranche C Facility (or other relevant Available Commitment) then the amount of such excess shall constitute a Loan Utilisation by Carnival plc under Tranche D A (and then Tranche A, then Tranche B to the extent that Loan Utilisation under Tranche D A exceeds the Available Tranche D A Facility) in each case with an Interest Period of two weeks.

Appears in 1 contract

Sources: Facilities Agreement (Carnival PLC)