Common use of Right of repayment and cancellation in relation to a single Lender Clause in Contracts

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 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 Advances. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advance.

Appears in 1 contract

Sources: Credit Agreement (France Telecom /)

Right of repayment and cancellation in relation to a single Lender. 76 (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 13.1 (Tax gross-upGross‑up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 13.2 (Tax indemnityIndemnity) or Clause 14.1 (Increased costs) Costs), the Borrower may, whilst the circumstance giving rise to the requirement or for indemnification continues, give the Facility 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 AdvancesLoans. (b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zerozero (0). (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceLoan.

Appears in 1 contract

Sources: Bpifae Facility Agreement (Globalstar, Inc.)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 14.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower Borrowers under Clause 13.3 14.3 (Tax indemnity) or Clause 14.1 15.1 (Increased costs) ), the Borrower Borrowers may, whilst the circumstance giving rise to the requirement or for 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has Borrowers have given notice under 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 that AdvanceLoan.

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. (a) If: (i) any sum payable to any Lender by the Borrower under a Finance Document is required to be increased under paragraph (c) of Clause 13.2 11.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 11.3 (Tax indemnity) or Clause 14.1 12.1 (Increased costs) Costs), the Borrower may, whilst the circumstance giving rise to the requirement for that increase 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 AdvancesLoans. (b) On receipt of a notice of cancellation referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice of cancellation under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advancethe Loans.

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. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment Commitments of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceLoan.

Appears in 1 contract

Sources: Subscription Agreement (WMC Resources Inc)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 12.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 12.3 (Tax indemnity) or Clause 14.1 13 (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 AdvancesLoan. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceLoan.

Appears in 1 contract

Sources: Facility Agreement (Mobifon Holdings Bv)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph Clause 12.1 (c) of Clause 13.2 (Tax grossGross-upup for Taxes); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 12.2 (Tax indemnityIndemnity) or Clause 14.1 13.1 (Increased costs) ); the Borrower may, whilst so long as 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceLoan.

Appears in 1 contract

Sources: Credit Agreement (Eagle Bulk Shipping Inc.)

Right of repayment and cancellation in relation to a single Lender. (a) 9.6.1 If: (ia) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 14.2.3 (Tax gross-up); or (iib) any Lender claims indemnification from the Borrower under Clause 13.3 14.3 (Tax indemnity) or Clause 14.1 15.1 (Increased costs) ), the Borrower may, whilst the circumstance giving rise to the requirement for that increase 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 AdvancesUtilisations. (b) 9.6.2 On receipt of a notice referred to in paragraph (aClause 9.6.1(a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) 9.6.3 On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (aClause 9.6.1(a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceUtilisation.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Mercer International Inc.)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or; (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceLoan.

Appears in 1 contract

Sources: Facilities Agreement (Bunge LTD)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 12.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 12.3 (Tax indemnity) or Clause 14.1 13.1 (Increased costs) ), the Borrower may, whilst the circumstance giving rise to the requirement or for 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under 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 that AdvanceLoan.

Appears in 1 contract

Sources: Single Currency Term Facility Agreement (General Geophysics Co)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 14.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower or an Obligor under Clause 13.3 14.3 (Tax indemnity) or Clause 14.1 15.1 (Increased costs) ), the Borrower may, whilst the circumstance giving rise to the requirement or for 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advancethe relevant Loan together with all interest and other amounts accrued under the 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. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that AdvanceLoan.

Appears in 1 contract

Sources: Facility Agreement (Reckitt Benckiser Group PLC)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 15.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower Company under Clause 13.3 15.3 (Tax indemnity) or Clause 14.1 16.1 (Increased costs) ), the Borrower may, whilst the circumstance giving rise to the requirement or for 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advanceeach Loan.

Appears in 1 contract

Sources: Credit Agreement (Smithfield Foods Inc)

Right of repayment and cancellation in relation to a single Lender. (a) 9.5.1 If: (ia) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 14.2 (Tax gross-up); or (iib) any Lender claims indemnification from the Borrower under Clause 13.3 14.3 (Tax indemnity) or Clause 14.1 15.1 (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 AdvancesLoans. (b) 9.5.2 On receipt of a notice referred to in paragraph (a) sub-clause 9.5.1 above, the Commitment of that Lender shall immediately be reduced to zero. (c) 9.5.3 On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) 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 that Advancethe Loans, together with all sums payable to it by the Borrower under Clause 15.1 (Increased costs).

Appears in 1 contract

Sources: Facility Agreement (Ivanhoe Energy Inc)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 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 's participation in the AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under 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 that AdvanceLoan.

Appears in 1 contract

Sources: Multicurrency Revolving Facility Agreement (International Flavors & Fragrances Inc)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (cclause ‎12.2(c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 clause ‎12.3 (Tax indemnity) or Clause 14.1 clause 13.1‎ (Increased costs) ), the Borrower may, whilst the circumstance giving rise to the requirement for that increase or indemnification continues, give the Facility 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 AdvancesLoan. (b) On receipt of a notice of cancellation referred to in paragraph (a) aboveclause 7.7(a), the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice of cancellation under paragraph (aclause 7.7(a) above (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 that AdvanceLoan.

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. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up) or Clause 13.6 (Indirect tax); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 14.1 14 (Increased costs) 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 AdvancesLoan. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each the Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advancethe Loan.

Appears in 1 contract

Sources: Facility Agreement (PT Indosat TBK)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause clause 13.3 (Tax indemnity) or Clause clause 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 's participation in the AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above), the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under 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 that AdvanceLoan.

Appears in 1 contract

Sources: Loan Agreement (Ship Acquisition Inc.)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 12.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower Parent under Clause 13.3 12.9 (Tax indemnityIndemnity) or Clause 14.1 13 (Increased costs) Costs), the Borrower Parent may, whilst the circumstance giving rise to the requirement or for 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Available Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower Parent has given notice under 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 AdvanceLoan and the Commitment of the Lender shall immediately be reduced to zero.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Ferguson PLC)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advanceeach Loan.

Appears in 1 contract

Sources: Credit Facility Agreement (Lafarge)

Right of repayment and cancellation in relation to a single Lender. (a) If: (i) any sum payable to any Lender by the Borrower an Obligor is required to be increased under paragraph (c) of Clause 13.2 (Tax gross-up); or (ii) any Lender claims indemnification from the Borrower under Clause 13.3 (Tax indemnity) or Clause 14.1 14 (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 AdvancesLoans. (b) On receipt of a notice referred to in paragraph (a) above, the Commitment of that Lender shall immediately be reduced to zero. (c) On the last day of each Interest Period in respect of an Advance which ends after the Borrower has given notice under paragraph (a) above (or, if earlier, the date specified by the Borrower in that notice), the Borrower shall repay that Lender’s participation in that Advanceeach Loan.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Discovery Communications, Inc.)