Common use of Information from the Agent and a Noteholders' committee Clause in Contracts

Information from the Agent and a Noteholders' committee. (a) Subject to the restrictions of a non-disclosure agreement entered into by the Agent in accordance with Clause 10.2(b) and the restrictions set out in paragraph 10.2(c), the Agent is entitled to disclose to the Noteholders any event or circumstance directly or indirectly relating to the Issuer or the Notes. Notwithstanding the foregoing, the Agent may if it considers it to be beneficial to the interests of the Noteholders delay disclosure or refrain from disclosing certain information other than in respect of an Event of Default that has occurred and is continuing. (b) Notwithstanding Clause 10.2(a), the Agent shall comply with an agreement regarding the non-disclosure of information received from the Issuer, which is entered into with the members of a Noteholders' Committee and the Issuer pursuant to Clause 16(d). (c) Notwithstanding the foregoing, to limit the risk that the Noteholders receive inside information the Issuer will not forward information received by it as holder of the Reference Instruments from ECL to the Noteholders, other than: (i) information relating to voting on the matters set out in Clause 14 (Voting for the Reference Instruments); (ii) information relating to Events of Defaults; or (iii) as required for the Noteholders to make decisions on matters to be decided by them under the Terms and Conditions.

Appears in 1 contract

Sources: Amendment and Restatement Agreement

Information from the Agent and a Noteholders' committee. (a) Subject to the restrictions of a non-disclosure agreement entered into by the Agent in accordance with Clause 10.2(b) and the restrictions set out in paragraph 10.2(c), the Agent is entitled to disclose to the Noteholders any event or circumstance directly or indirectly relating to the Issuer or the Notes. Notwithstanding the foregoing, the Agent may if it considers it to be beneficial to the interests of the Noteholders delay disclosure or refrain from disclosing certain information other than in respect of an Event of Default that has occurred and is continuing. (b) Notwithstanding Clause 10.2(a), the Agent shall comply with an agreement regarding the non-disclosure of information received from the Issuer, which is entered into with the members of a Noteholders' Committee and the Issuer pursuant to Clause 16(d). (c) Notwithstanding the foregoing, to limit the risk that the Noteholders receive inside information the Issuer will not forward information received by it as holder of the Reference Instruments Ords from ECL to the Noteholders, other than: (i) information relating to voting on the matters set out in Clause 14 15 (Voting for the Reference InstrumentsOrds); (ii) information relating to Events of Defaults; or (iii) as required for the Noteholders to make decisions on matters to be decided by them under the Terms and Conditions.

Appears in 1 contract

Sources: Terms and Conditions

Information from the Agent and a Noteholders' committee. (a) Subject to the restrictions of a non-disclosure agreement entered into by the Agent in accordance with Clause 10.2(b) and the restrictions set out in paragraph 10.2(c), the Agent is entitled to disclose to the Noteholders any event or circumstance directly or indirectly relating to the Issuer or the Notes. Notwithstanding the foregoing, the Agent may if it considers it to be beneficial to the interests of the Noteholders delay disclosure or refrain from disclosing certain information other than in respect of an Event of Default that has occurred and is continuing. (b) Notwithstanding Clause 10.2(a), the Agent shall comply with an agreement regarding the non-disclosure of information received from the Issuer, which is entered into with the members of a Noteholders' Committee and the Issuer pursuant to Clause 16(d). (c) Notwithstanding the foregoing, to limit the risk that the Noteholders receive inside information the Issuer will not forward information received by it as holder of the Reference Instruments from ECL to the Noteholders, other than: (i) information relating to voting on the matters set out in Clause 14 15 (Voting for the Reference Instruments); (ii) information relating to Events of Defaults; or (iii) as required for the Noteholders to make decisions on matters to be decided by them under the Terms and Conditions.

Appears in 1 contract

Sources: Terms and Conditions