Common use of Permitted Payments: Intra-Group Liabilities Clause in Contracts

Permitted Payments: Intra-Group Liabilities. The Debtors may make Payments in respect of the Intra-Group Liabilities (whether of principal, interest or otherwise) from time to time when due if: (a) no Acceleration Event has occurred; or (b) if that Payment is made to facilitate Payment of the Senior Liabilities or the making of any Permitted Junior Payment; or (c) if and to the extent that the relevant Intra-Group Lender is required due to mandatory law (provided that any reasonable steps are taken to mitigate the effects of such law) to make Payment or in order to avoid any material risk of personal liability of any director of the relevant Intra-Group Lender, provided that the relevant Intra Group Lender shall promptly after such Payment inform the Senior Agent of the Payment, supplemented by reasonable evidence regarding the applicable mandatory law and threat of a material risk of personal liability of the relevant director(s) without making such Payment.

Appears in 2 contracts

Sources: Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (LumiraDx LTD)