Common use of Matching rights Clause in Contracts

Matching rights. (a) In the event that the financial covenants granted by the Guarantor under any other credit facility of the same nature as the Senior Credit Facility are more favourable to the lenders under such facility than those set out in Clause 20.2 (Guarantor Financial Covenants): (i) the Guarantor shall immediately inform the Facility Agent of the existence and content of such covenants; and (ii) the Guarantor’s financial covenants set out in Clause 20.2 (Guarantor Financial Covenants), and any defined terms used or incorporated therein, shall be adjusted to be aligned with the financial covenants granted to such other lenders. (b) In the event that the financial covenants granted by the Guarantor under any other credit facility entered into with (all but not some of) the Lenders of the same nature as the Senior Credit Facility are less favourable under such facility than those set out in Clause 20.2 (Guarantor Financial Covenants): (i) the Guarantor shall inform the Facility Agent of the existence and content of such credit facility and covenants; and (ii) the Guarantor’s financial covenants set out in Clause 20.2 (Guarantor Financial Covenants), and any defined terms used or incorporated therein, shall be adjusted to be aligned with the financial covenants granted in such credit facility.

Appears in 2 contracts

Sources: Facility Agreement, Facility Agreement (McDermott International Inc)