Right of cancellation and repayment in relation to a single Lender. (a) If: (i) any sum payable to any Lender by an Obligor is required to be increased under clause 17.2(c) (Tax gross-up); or (ii) any Lender claims indemnification from an Obligor under clause 17.3 (Tax indemnity) or clause 18.1 (Increased costs), the Company may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans. (b) On receipt of a notice referred to in clause 10.6(a) in relation to a Lender, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period which ends after the Company has given notice under clause 10.6(a) in relation to a Lender (or, if earlier, the date specified by the Company in that notice), each Borrower to which a Loan is outstanding shall repay that Lender’s participation in that Loan together with all interest and other amounts accrued under the Finance Documents.
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Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Right of cancellation and repayment in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under clause 17.2(c) (Tax gross-up); or
(ii) any Lender claims indemnification from an Obligor under clause 17.3 (Tax indemnity) or clause 18.1 (Increased costs), the Company may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the Loans.
(b) On receipt of a notice referred to in clause 10.6(a) in relation to a Lender, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Company has given notice under clause 10.6(a) in relation to a Lender (or, if earlier, the date specified by the Company in that notice), each Borrower to which a Loan is outstanding shall repay that Lender’s participation in that Loan together with all interest and other amounts accrued under the Finance Documents.
Appears in 1 contract
Right of cancellation and repayment in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under clause 17.2(c) 14.2 (Tax gross-up); or
(ii) any Lender claims indemnification from an Obligor under clause 17.3 14.3 (Tax indemnity) or clause 18.1 15.1 (Increased costs), the Company Parent may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansUtilisations.
(b) On receipt of a notice referred to in clause 10.6(a7.4(a) in relation to a Lender, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Company Parent has given notice under clause 10.6(a7.4(a) in relation to a Lender (or, if earlier, the date specified by the Company Parent in that notice), each Borrower to which a Loan Utilisation is outstanding shall repay that Lender’s participation in that Loan Utilisation together with all interest and other amounts accrued under the Finance Documents.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Sunrise Senior Living Inc)
Right of cancellation and repayment in relation to a single Lender. (a) 7.4.1 If:
(i) 7.4.1.1 any sum payable to any Lender by an Obligor is required to be increased under clause 17.2(c) Clause 14.2 (Tax grossGross-upUp); or
(ii) 7.4.1.2 any Lender claims indemnification from the Company or an Obligor under clause 17.3 Clause 14.3 (Tax indemnity) or clause 18.1 Clause 15.1 (Increased costsCosts), the Company may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues continues, give the Agent notice of cancellation of the Commitment Commitment(s) of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansUtilisations.
(b) 7.4.2 On receipt of a notice referred to in clause 10.6(a) Clause 7.4.1 in relation to a Lender, the Commitment Commitment(s) of that Lender shall immediately be reduced to zero.
(c) 7.4.3 On the last day of each Interest Period which ends after the Company has given notice under clause 10.6(a) Clause 7.4.1 in relation to a Lender (or, if earlier, the date specified by the Company in that notice), each Borrower to which a Loan Utilisation is outstanding shall repay that Lender’s participation in that Loan Utilisation together with all interest and other amounts accrued under the Finance Documents.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Sibanye Stillwater LTD)
Right of cancellation and repayment in relation to a single Lender. (a) If:
(i) any sum payable to any Lender by an Obligor is required to be increased under clause 17.2(c) 14.2 (Tax gross-up); or
(ii) any Lender claims indemnification from the Borrower or an Obligor under clause 17.3 14.3 (Tax indemnity) or clause 18.1 15 (Increased costs), ; the Company Borrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues continues, give the Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansLoan.
(b) On receipt of a notice referred to in clause 10.6(a7.4(a) above in relation to a Lender, the Commitment of that Lender shall immediately be reduced to zero.
(c) On the last day of each Interest Period which ends after the Company Borrower has given notice under clause 10.6(a7.4(a) above in relation to a Lender (or, if earlier, the date specified by the Company Borrower in that notice), each the Borrower to which a Loan is outstanding shall repay that Lender’s participation in that the Loan together with all interest and other amounts accrued under the Finance Documents.
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