Common use of INCREASE IN THE AGGREGATE Clause in Contracts

INCREASE IN THE AGGREGATE. NOMINAL AMOUNT OF THE PROGRAMME 12.1 From time to time the Issuer may wish to increase the aggregate nominal amount of the Notes that may be issued under the Programme. In such circumstances, the Issuer may give notification of such an increase (subject as set out in Clause 12.2) by delivering to the Dealers the letter set out in Appendix D hereto. Upon such notice being given to the Dealers, all references in this Agreement, the Agency Agreement or any other agreement or deed in relation to the Programme to a Euro Medium Term Note Programme of a certain nominal amount, shall be and shall be deemed to be references to a Euro Medium Term Note Programme of the increased nominal amount. 12.2 Notwithstanding Clause 12.1, the right of the Issuer to increase the aggregate nominal amount of the Programme shall be subject to each Dealer having received all the documents and confirmations described in 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 Issuer and the Arranger), the production of a supplementary Prospectus by the Issuer and any further or other documents required by the relevant Stock Exchange(s) for the purpose of listing the Notes to be issued under the Programme on the relevant Stock Exchange(s). The Arranger shall circulate to the Dealers all the documents and confirmations described in the Initial Documentation List. 12.3 The Issuer shall give notice to the Agent of any increase in the aggregate nominal amount of the Programme.

Appears in 2 contracts

Sources: Programme Agreement (Pepsico Inc), Programme Agreement (Pepsico Inc)