Right of repayment and cancellation in relation to a single Lender. 9.5.1 If: (a) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 (Tax gross-up); or (b) any Lender claims indemnification from the Borrower under Clause 14.3 (Tax indemnity) or Clause 15.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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. 9.5.2 On receipt of a notice referred to in sub-clause 9.5.1 above, the Commitment of that Lender shall immediately be reduced to zero. 9.5.3 On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs).
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.1 (Tax gross-upGross‑up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.2 (Tax indemnityIndemnity) or Clause 15.1 14.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement or for indemnification continues, give the BPIFAE 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.
9.5.2 (b) On receipt of a notice of cancellation referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0).
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph Clause 12.1 (c) of Clause 14.2 (Tax grossGross-upup for Taxes); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 12.2 (Tax indemnityIndemnity) or Clause 15.1 13.1 (Increased costs), ; the Borrower may, whilst so long as the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 13.1 (Tax grossGross-up); or
(bii) any Lender Finance Party claims indemnification from the Borrower an Obligor under Clause 14.3 13.2 (Tax indemnityIndemnity) or Clause 15.1 12.2 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement or indemnification continues, give the Facility 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be cancelled and reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Utilisation.
Appears in 1 contract
Sources: Facility Agreement (Atmel Corp)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 76
(a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.1 (Tax gross-upGross‑up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.2 (Tax indemnityIndemnity) or Clause 15.1 14.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement or for indemnification continues, give the BPIFAE 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.
9.5.2 (b) On receipt of a notice of cancellation referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0).
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 12.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 12.3 (Tax indemnity) or Clause 15.1 13.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement or for 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which the Loan is outstanding shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Single Currency Term Facility Agreement (General Geophysics Co)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 clause 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 clause 13.3 (Tax indemnity) or Clause 15.1 clause 14.1 (Increased costs), ; the Borrower may, whilst the circumstance giving rise to the requirement 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 's participation in the Loans.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 aboveparagraph (a), the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 above paragraph (a) (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s 's participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or;
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Facilities Agreement (Bunge LTD)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor under a Finance Document is required to be increased under paragraph (c) of Clause 14.2 11.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 11.3 (Tax indemnity) or Clause 15.1 12.1 (Increased costsCosts), the Borrower 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.
9.5.2 (b) On receipt of a notice of cancellation referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs).
Appears in 1 contract
Sources: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), ) the Borrower may, whilst the circumstance giving rise to the requirement or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansAdvances.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Advance.
Appears in 1 contract
Sources: Credit Agreement (France Telecom /)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower or an Obligor under Clause 14.3 (Tax indemnity) or Clause 15.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement or for 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, relevant Loan together with all sums payable to it by interest and other amounts accrued under the Borrower under Clause 15.1 (Increased costs)Finance Documents.
Appears in 1 contract
Sources: Term Facility Agreement (Tongjitang Chinese Medicines Co)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment Commitments of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (cClauses 8.1(c) of Clause 14.2 (Tax gross-upor 12.1(a); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 (Tax indemnity) or Clause 15.1 (Increased costs)15.5 of the Common Terms Agreement, the Borrower may, whilst the circumstance giving rise to the requirement 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 's participation in the Loans.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s 's participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Wassa Project Facility Agreement (Golden Star Resources LTD)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (cclause 12.2(c) of Clause 14.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 clause 12.3 (Tax indemnity) or Clause 15.1 clause 13.1 (Increased costs), the Borrower 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 's participation in the LoansLoan.
9.5.2 (b) On receipt of a notice of cancellation referred to in sub-clause 9.5.1 above7.7(a), the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under sub-clause 9.5.1 above 7.7(a) (or, if earlier, the date specified by the Borrower in that notice), the Borrower to which a Loan is outstanding shall repay that Lender’s 's participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Sterling Term Facility Agreement (American Realty Capital Global Trust, Inc.)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 12.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 12.3 (Tax indemnity) or Clause 15.1 13 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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 LoansLoan.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up) or Clause 13.6 (Indirect tax); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement or indemnification continues, give the Facility 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each the Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)Loan.
Appears in 1 contract
Sources: Facility Agreement (PT Indosat TBK)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 12.2 (Tax gross-up); or;
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 12.3 (Tax indemnity) or Clause 15.1 13.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Facility Agreement (Bunge LTD)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)each Loan.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)each Loan.
Appears in 1 contract
Sources: Credit Facility Agreement (Lafarge)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 12.1 (Tax gross-upGross‑up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 12.2 (Tax indemnityIndemnity) or Clause 15.1 13.1 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement or for 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.
9.5.2 (b) On receipt of a notice of cancellation referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0).
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice of cancellation under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by ABB or an Obligor is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the ABB or a Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower then ABB may, whilst the circumstance giving rise to the requirement or indemnification continues, give the Facility Agent notice of cancellation of the Commitment of that Lender and its intention to procure the repayment of that Lender’s participation in the LoansAdvances.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower ABB has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower ABB in that notice), the each Borrower to whom an Advance is outstanding shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Advance.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 15.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower Company under Clause 14.3 15.3 (Tax indemnity) or Clause 15.1 16.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement or for 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)each Loan.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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 's participation in the Loans.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s 's participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (International Flavors & Fragrances Inc)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 12.2 (Tax gross-up) or Clause 12.6 (Indirect tax); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 12.3 (Tax indemnity) or Clause 15.1 13 (Increased costsCosts), the Borrower may, whilst the circumstance giving rise to the requirement or indemnification continues, give the Facility 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each the Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)Loan.
Appears in 1 contract
Sources: Facility Agreement (PT Indosat TBK)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower Borrowers under Clause 14.3 (Tax indemnity) or Clause 15.1 (Increased costs), the Borrower Borrowers may, whilst the circumstance giving rise to the requirement or for 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has Borrowers have given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower Borrowers in that notice), the each Borrower to which a Loan is outstanding shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)that Loan.
Appears in 1 contract
Sources: Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor the Borrower is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14 (Increased costsCosts), the Borrower may, may whilst the circumstance giving rise to the requirement or indemnification continues, give the Facility 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each the Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs)Loan.
Appears in 1 contract
Sources: Facility Agreement (PT Indosat TBK)
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 13.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower under Clause 14.3 13.3 (Tax indemnity) or Clause 15.1 14.1 (Increased costs), the Borrower may, whilst the circumstance giving rise to the requirement 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in the Loans, together with all sums payable to it by the Borrower that Loan provided that such repayment does not result in a Default under Clause 15.1 (Increased costs)this Agreement.
Appears in 1 contract
Right of repayment and cancellation in relation to a single Lender. 9.5.1 (a) If:
(ai) any sum payable to any Lender by an Obligor is required to be increased under paragraph (c) of Clause 14.2 12.2 (Tax gross-up); or
(bii) any Lender claims indemnification from the Borrower Parent under Clause 14.3 12.9 (Tax indemnityIndemnity) or Clause 15.1 13 (Increased costsCosts), the Borrower Parent may, whilst the circumstance giving rise to the requirement or for 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.
9.5.2 (b) On receipt of a notice referred to in sub-clause 9.5.1 paragraph (a) above, the Available Commitment of that Lender shall immediately be reduced to zero.
9.5.3 (c) On the last day of each Interest Period which ends after the Borrower Parent has given notice under sub-clause 9.5.1 paragraph (a) above (or, if earlier, the date specified by the each Borrower in that notice), the Borrower to which a Loan is outstanding shall repay that Lender▇▇▇▇▇▇’s participation in that Loan and the Loans, together with all sums payable Commitment of the Lender shall immediately be reduced to it by the Borrower under Clause 15.1 (Increased costs)zero.
Appears in 1 contract