INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMME (a) From time to time the Flemish Community may increase the aggregate nominal amount of the Notes that may be issued under the Programme by delivering to the Dealers (with a copy to the Domiciliary Agent) a letter substantially in the form set out in Appendix F. Upon the date specified in the notice (which date may not be earlier than seven Business Days after the date the notice is given) and subject to satisfaction of the conditions precedent set out in Clause 17(b), all references in the Agreements to a Euro Medium Term Note Programme of a certain nominal amount shall be deemed to be references to a Euro Medium Term Note Programme of the increased nominal amount. (b) Notwithstanding Clause 17(a), the right of the Flemish Community to increase the aggregate nominal amount of the Programme shall be subject to each Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D (with such changes as may be relevant with reference to the circumstances at the time of the proposed increase as are agreed between the Flemish Community and the Dealers), and the satisfaction of any further conditions precedent that any of the Dealers may reasonably require, including, without limitation, the production of a new Offering Circular or a supplement to the Offering Circular by the Flemish Community and any further or other documents required by the relevant authority or authorities for the purpose of listing any Notes to be issued under the increased Programme on the relevant Stock Exchange. The Arranger shall circulate to the Dealers all the documents and confirmations described in Part II of Appendix D and any further conditions precedent so required. Any Dealer must notify the Arranger and the Flemish Community within seven Business Days of receipt if it considers, in its reasonable opinion, that any of the documents, confirmations and, if applicable, further conditions precedent are unsatisfactory and, in the absence of such notification, each Dealer shall be deemed to consider the documents and confirmations to be satisfactory and any further conditions precedent to be satisfied.
Appears in 2 contracts
Sources: Programme Agreement, Programme Agreement
INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMMEPROGRAM
(a1) From time to time the Flemish Community Issuers and the Guarantor may wish to increase the aggregate nominal amount of the Notes that may be issued under the Programme Program. In such circumstances, the Issuers and the Guarantor may request such an increase (subject as set out in subclause (2)) by delivering to the Listing Agent and the Dealers (with a copy to the Domiciliary Agent) a letter substantially in the form set out in Appendix F. Upon D hereto. Unless notice to the date specified contrary is received by the Issuers or the Guarantor no later than 10 days after notice was given to the Dealers and the Listing Agent, each such Dealer and the Listing Agent will be deemed to have given its consent to the increase in the notice (which date may not be earlier than seven Business Days after the date the notice is given) and subject to satisfaction nominal amount of the conditions precedent set out in Clause 17(b)Program, whereupon all references in this Agreement and the Agreements Procedures Memorandum to a Euro Medium Term Note Programme Program of a certain nominal amount amount, shall be and shall be deemed to be references to a Euro Medium Term Note Programme Program of the increased nominal amount.amount.
(b2) Notwithstanding Clause 17(asubclause (1), the right of the Flemish Community Issuers and the Guarantor to increase the aggregate nominal amount of the Programme Program shall be subject to each Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D the Initial Documentation List (with such changes as may be relevant relevant, with reference to the circumstances at the time of the proposed increase as are agreed between the Flemish Community Issuers, the Guarantor and the Dealers), and the satisfaction delivery of any further conditions precedent that any of the Dealers may reasonably require, including, without limitation, the production of a new Offering Circular or a supplement to the supplementary Offering Circular by the Flemish Community Issuers and the Guarantor and any further or other documents required by the relevant authority or authorities Stock Exchange(s) for the purpose of listing any the Notes to be issued under the increased Programme Program on the relevant Stock ExchangeExchange(s). The Arranger Arrangers shall circulate to the Dealers all the documents and confirmations described in Part II of Appendix D the Initial Documentation List and any further conditions precedent so required. Any Dealer must notify the Arranger Arrangers, the Issuers and the Flemish Community Guarantor within seven Business Days 10 business days of receipt if it considers, in its reasonable opinion, that any of the such documents, confirmations and, if applicable, further conditions precedent are unsatisfactory and, in the absence of such notification, each Dealer shall be deemed to consider the documents and confirmations to be satisfactory and any further conditions precedent to be satisfiedunsatisfactory.
Appears in 1 contract
Sources: Program Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMMEPROGRAM
(a1) From time to time the Flemish Community Issuers and the Guarantor may wish to increase the aggregate nominal amount of the Notes that may be issued under the Programme Program. In such circumstances, the Issuers and the Guarantor may request such an increase (subject as set out in subclause (2)) by delivering to the Listing Agent and the Dealers (with a copy to the Domiciliary Agent) a letter substantially in the form set out in Appendix F. Upon D hereto. Unless notice to the date specified contrary is received by the Issuers or the Guarantor no later than 10 days after notice was given to the Dealers and the Listing Agent, each such Dealer and the Listing Agent will be deemed to have given its consent to the increase in the notice (which date may not be earlier than seven Business Days after the date the notice is given) and subject to satisfaction nominal amount of the conditions precedent set out in Clause 17(b)Program, whereupon all references in this Agreement and the Agreements Procedures Memorandum to a Euro Medium Term Note Programme Program of a certain nominal amount amount, shall be and shall be deemed to be references to a Euro Medium Term Note Programme Program of the increased nominal amount.amount.
(b2) Notwithstanding Clause 17(asubclause (1), the right of the Flemish Community Issuers and the Guarantor to increase the aggregate nominal amount of the Programme Program shall be subject to each Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D the Initial Documentation List (with such changes as may be relevant relevant, with reference to the circumstances at the time of the proposed increase as are agreed between the Flemish Community Issuers, the Guarantor and the Dealers), and the satisfaction delivery of any further conditions precedent that any of the Dealers may reasonably require, including, without limitation, the production of a new Offering Circular or a supplement to the supplementary Offering Circular by the Flemish Community Issuers and the Guarantor and any further or other documents required by the relevant authority or authorities Stock Exchange(s) for the purpose of listing any the Notes to be issued under the increased Programme Program on the relevant Stock ExchangeExchange(s). The Arranger Arrangers shall circulate to the Dealers all the documents and confirmations described in Part II of Appendix D the Initial Documentation List and any further conditions precedent so required. Any Dealer must notify the Arranger Arrangers, the Issuers and the Flemish Community within seven Business Days of receipt if it considers, in its reasonable opinion, that any of the documents, confirmations and, if applicable, further conditions precedent are unsatisfactory and, in the absence of such notification, each Dealer shall be deemed to consider the documents and confirmations to be satisfactory and any further conditions precedent to be satisfied.Guarantor
Appears in 1 contract
Sources: Program Agreement (Ciba Specialty Chemicals Holding Inc /Fi/)
INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMME
(a) From time to time the Flemish Community may increase the aggregate nominal amount of the Notes that may be issued under the Programme by delivering to the Dealers (with a copy to the Domiciliary Paying Agent) a letter substantially in the form set out in Appendix F. Upon the date specified in the notice (which date may not be earlier than seven Business Days after the date the notice is given) and subject to satisfaction of the conditions precedent set out in Clause 17(b), all references in the Agreements Contracts to a Euro Medium Term Note Programme of a certain nominal amount shall be deemed to be references to a Euro Medium Term Note Programme of the increased nominal amount.amount.
(b) Notwithstanding Clause 17(a), the right of the Flemish Community to increase the aggregate nominal amount of the Programme shall be subject to each Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D (with such changes as may be relevant with reference to the circumstances at the time of the proposed increase as are agreed between the Flemish Community and the Dealers), and the satisfaction of any further conditions precedent that any of the Dealers may reasonably require, including, without limitation, the production of a new Offering Circular or a supplement to the Offering Circular by the Flemish Community and any further or other documents required by the relevant authority or authorities for the purpose of listing any Notes to be issued under the increased Programme on the relevant Stock Exchange. The Arranger shall circulate to the Dealers all the documents and confirmations described in Part II of Appendix D and any further conditions precedent so required. Any Dealer must notify the Arranger and the Flemish Community within seven Business Days of receipt if it considers, in its reasonable opinion, that any of the documents, confirmations and, if applicable, further conditions precedent are unsatisfactory and, in the absence of such notification, each Dealer shall be deemed to consider the documents and confirmations to be satisfactory and any further conditions precedent to be satisfied.
Appears in 1 contract
Sources: Programme Agreement
INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMMENOTES TO BE ISSUED UNDER THE AGREEMENT
(a1) From time to time the Flemish Community Issuer and the Guarantor may wish to increase the aggregate nominal amount of the Notes that may be issued under this Agreement. In such circumstances, the Programme Issuer and the Guarantor may give notification of such an increase (subject as set out in sub-clause (2)) by delivering to the Listing Agent and the Programme Dealers (with a copy to the Domiciliary Agent) a letter in substantially in the form set out in Appendix F. Schedule 12. Upon such notice being given to the date specified in Programme Dealers and the notice (which date may not be earlier than seven Business Days after the date the notice is given) and subject to satisfaction of the conditions precedent set out in Clause 17(b)Listing Agent, all references in this Agreement or any other agreement or deed in relation to this Agreement and the Agreements Notes issued under this Agreement to a Euro Medium Term Note Programme of a certain the aggregate nominal amount of the Notes that may be issued under this Agreement, shall be and shall be deemed to be references to a Euro Medium Term Note Programme the increased aggregate nominal amount of the increased nominal amount.Notes that may be issued under this Agreement.
(b2) Notwithstanding Clause 17(asub-clause (1), the right of the Flemish Community Issuer and the Guarantor to increase the aggregate nominal amount of the Programme Notes that may be issued under this Agreement shall be subject to each Programme Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D the Initial Documentation List (with such changes as may be relevant with relevant, by reference to the circumstances at the time of the proposed increase as are agreed -------------------------------------------------------------------------------- 25 -------------------------------------------------------------------------------- between the Flemish Community Issuer, the Guarantor and the Programme Dealers), ) and the satisfaction delivery of any further conditions precedent that any of the Dealers Programme Dealer may reasonably require, including, without limitation, the production of a new supplementary Offering Circular or a supplement to the Offering Circular by the Flemish Community and any further or other documents required by the relevant authority or authorities Stock Exchange(s) for the purpose of listing any the Notes to be issued under the increased Programme on the relevant Stock ExchangeExchange(s). The Arranger Guarantor shall circulate to the Programme Dealers all the documents and confirmations described in Part II of Appendix D the Initial Documentation List and any further conditions precedent so required. Any Programme Dealer must notify the Arranger Guarantor and the Flemish Community Issuer within seven Business Days business days of receipt if it considers, in its reasonable opinion, that any of the such documents, confirmations and, if applicable, further conditions precedent are unsatisfactory and, in the absence of such notification, each Dealer shall be deemed to consider the documents and confirmations to be satisfactory and any further conditions precedent to be satisfiedunsatisfactory.
Appears in 1 contract
Sources: Note Issuance Agreement (Bear Stearns Companies Inc)
INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMME
(a1) From time to time the Flemish Community Issuer may wish to increase the aggregate nominal amount of the Notes that may be issued under the Programme Programme. In such circumstances, the Issuer may give notification of such an increase (subject as set out in subclause (2)) by delivering to the Listing Agent and the Dealers (with a copy to the Domiciliary Agent) Agent a letter substantially in the form set out in Appendix F. D hereto. Upon the date specified in the such notice (which date may not be earlier than seven Business Days London business days after the date the notice is given) and subject to satisfaction of the conditions precedent set out in Clause 17(bsubclause (2), all references in the Agreements to a Euro Medium Term Note Programme of a certain nominal amount shall be deemed to be references to a Euro Medium Term Note Programme of the increased nominal amount.amount.
(b2) Notwithstanding Clause 17(asubclause (1), the right of the Flemish Community Issuer to increase the aggregate nominal amount of the Programme shall be subject to each Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D the Initial Documentation List (with such changes as may be relevant with reference to the circumstances at the time of the proposed increase as are agreed between the Flemish Community Issuer and the Dealers), and the satisfaction of any further conditions precedent that any of the Dealers may reasonably require, including, without limitation, the production of a new Offering Circular or a supplement to the supplementary Offering Circular by the Flemish Community Issuer and any further or other documents required by the relevant authority or authorities for the purpose of listing any Notes to be issued under the increased Programme on the relevant Stock Exchange. The Arranger shall circulate to the Dealers all the documents and confirmations described in Part II of Appendix D the Initial Documentation List and any further conditions precedent so required. Any Dealer must notify the Arranger and the Flemish Community Issuer within seven Business Days three London business days of receipt if it considers, in its reasonable opinion, that any of the such documents, confirmations and, if applicable, such further conditions precedent are to be unsatisfactory and, in the absence of such notification, each such Dealer shall be deemed to consider the such documents and confirmations to be satisfactory and any such further conditions precedent to be satisfied.
Appears in 1 contract
Sources: Programme Agreement (International Lease Finance Corp)
INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMME
(a1) From time to time the Flemish Community Issuer may wish to increase the aggregate nominal amount of the Notes that may be issued under the Programme Programme. In such circumstances, the Issuer may give notification of such an increase (subject as set out in subclause (2)) by delivering to the Listing Agent and the Dealers (with a copy to the Domiciliary Agent) Agent a letter substantially in the form set out in Appendix F. D hereto. Upon the date specified in the such notice (which date may not be earlier than seven Business Days London business days after the date the notice is given) and subject to satisfaction of the conditions precedent set out in Clause 17(bsubclause (2), all references in the Agreements to a Euro Medium Term Note Programme of a certain nominal amount shall be deemed to be references to a Euro Medium Term Note Programme of the increased nominal amount.amount.
(b2) Notwithstanding Clause 17(asubclause (1), the right of the Flemish Community Issuer to increase the aggregate nominal amount of the Programme shall be subject to each Dealer having received and found satisfactory all the documents and confirmations described in Part II of Appendix D the Initial Documentation List (with such changes as may be relevant with reference to the circumstances at the time of the proposed increase as are agreed between the Flemish Community Issuer and the Dealers), and the satisfaction of any further conditions precedent that any of the Dealers may reasonably require, including, without limitation, the production of a new Offering Circular or a supplement to the supplementary Offering Circular by the Flemish Community Issuer and any further or other documents required by the relevant authority or authorities Stock Exchange for the purpose of listing any Notes to be issued under the increased Programme on the relevant Stock Exchange. The Arranger shall circulate to the Dealers all the documents and confirmations described in Part II of Appendix D the Initial Documentation List and any further conditions precedent so required. Any Dealer must notify the Arranger and the Flemish Community Issuer within seven Business Days three London business days of receipt if it considers, in its reasonable opinion, that any of the such documents, confirmations and, if applicable, such further conditions precedent are to be unsatisfactory and, in the absence of such notification, each such Dealer shall be deemed to consider the such documents and confirmations to be satisfactory and any such further conditions precedent to be satisfied.
Appears in 1 contract
Sources: Programme Agreement (International Lease Finance Corp)