Common use of Selection Notice Clause in Contracts

Selection Notice. From: Hindustan Zinc Limited To: ABN AMRO Bank N.V., as Agent Dated: [___________] 2005 Dear Sirs HINDUSTAN ZINC LIMITED - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR ($125,000,000) TERM FACILITY AGREEMENT DATED [___________] JULY 2005 (THE "AGREEMENT") 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the Loan with an Interest Period ending on [___________]. We request that the next Interest Period for the above Loan is [_____]. 3. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- authorised signatory for HINDUSTAN ZINC LIMITED SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Financial Services Authority or any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the "ADDITIONAL COST RATE") for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender's participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows:

Appears in 1 contract

Sources: Term Facility Agreement (Sterlite Industries (India) LTD)

Selection Notice. From: Hindustan Zinc Limited [Bournemouth & West Hampshire Water Plc] To: ABN AMRO [The Royal Bank N.V., as Agent of Scotland plc] Dated: [___________] 2005 Dear Sirs HINDUSTAN ZINC LIMITED - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR Bournemouth & West Hampshire Water Plc — £32,690,000 Facility Agreement dated [ ] June 2006 ($125,000,000) TERM FACILITY AGREEMENT DATED [___________] JULY 2005 (THE "AGREEMENT"the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the following Loan with an Interest Period ending on [ ].* 3. We request that the above Loan be divided into [ ] Loans with the following £[___________]. amounts] and Interest Periods:** We request that the next Interest Period for the above Loan Loan[s] is [_____[ ].*** 34. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- authorised signatory for HINDUSTAN ZINC LIMITED SCHEDULE 4 MANDATORY COST FORMULAE* Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority or (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the "ADDITIONAL COST RATE"“Additional Cost Rate”) for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender's ’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows: AB + C(B D) + E x 0.01 100 - (A + C) per cent per annum Where:

Appears in 1 contract

Sources: Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)

Selection Notice. From: Hindustan Zinc Limited [Borrower] To: ABN AMRO Bank N.V., as Agent [Agent] Dated: [___________] 2005 Dear Sirs HINDUSTAN ZINC LIMITED - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR dated [—] 2012 ($125,000,000) TERM FACILITY AGREEMENT DATED [___________] JULY 2005 (THE "AGREEMENT"the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the Loan following Loan[s] with an Interest Period ending on [___________]* 3. [We request that the above Loan[s] be divided into [—] Loans with the following amounts and Interest Periods:]** or [We request that the next Interest Period for the above Loan Loan[s] is [_____—]].*** 34. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- authorised signatory for HINDUSTAN ZINC LIMITED [name of relevant Borrower] Table of Contents SCHEDULE 4 MANDATORY COST FORMULAE4 1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority or (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the "ADDITIONAL COST RATE"“Additional Cost Rate”) for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender's ’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows:

Appears in 1 contract

Sources: Bridge Facility Agreement (Gold Fields LTD)

Selection Notice. From: Hindustan Zinc Limited BMS Omega Bermuda Holdings Finance Ltd. To: ABN AMRO The Royal Bank N.V., as Agent Dated: [___________] 2005 of Scotland plc Dear Sirs HINDUSTAN ZINC LIMITED - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR ($125,000,000) TERM FACILITY AGREEMENT DATED [___________] JULY dated 5 August 2005 (THE "AGREEMENT"the “Agreement”) 1. We refer to the Agreement. This is a Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to the Loan following [Tranche A/Tranche B● ] Loan[s] with an Interest Period ending on [ ]* . 3. [We request that the above Loan[s] be divided into [ ] Loans with the following amounts and Interest Periods:] * * or [We request that the next Interest Period for the above Loan[s] is [ ]].* ** 4. This Selection Notice is irrevocable. Yours faithfully ..................................... authorised signatory for BMS Omega Bermuda Holdings Finance Ltd. ___________]. We request that the next Interest Period for the above Loan is [_____]_______ ● Only Loans under the same Tranche can be the subject of a Selection Notice. * Insert details of all Loans which have an Interest Period ending on the same date. ** Use this option if division of Loans is requested. *** Use this option if sub-division is not required. 3. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- authorised signatory for HINDUSTAN ZINC LIMITED SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority or (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the "ADDITIONAL COST RATE"“Additional Cost Rate”) for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender's ’s participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows: E x 0.01 per cent. per annum. 300 Where:

Appears in 1 contract

Sources: Single Currency Term Facility Agreement (Bristol Myers Squibb Co)

Selection Notice. From: Hindustan Zinc Limited [Borrower] To: ABN AMRO Bank N.V., as Agent [Agent] Dated: [___________] 2005 Dear Sirs HINDUSTAN ZINC LIMITED SANOFI-SYNTHELABO - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR ($125,000,000) TERM EUR 16,000,000,000 FACILITY AGREEMENT DATED [___________[ ] JULY 2005 (THE "" AGREEMENT") 1. We refer to the Agreement. This is a the Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to request that Interest Periods under Facility A Loans have a duration of [2/3/6] months as from the Loan with an next Interest Period ending on [___________]beginning immediately after the date of this Selection Notice until the Facility A Final Maturity Date. 3. We request that Interest Periods under Facility B Loans have a duration of [2/3/6] months as from the next Interest Period for beginning immediately after the above Loan is [_____]date of this Selection Notice until the Facility B Final Maturity Date. 34. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- ..................................... authorised signatory for HINDUSTAN ZINC LIMITED the Company SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority or (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. Mandatory Costs will be charged only if and to the extent that the applicable Lender certifies that such costs are effectively and commonly charged by that Lender to the vast majority of its customers in connection with facilities of similar size to the Facility. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the "ADDITIONAL COST RATE") for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender's participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows:

Appears in 1 contract

Sources: Facility Agreement (Sanofi Synthelabo Sa)

Selection Notice. From: Hindustan Zinc Limited [Borrower] To: ABN AMRO Bank N.V., as Agent [Agent] Dated: [___________] 2005 Dear Sirs HINDUSTAN ZINC LIMITED SANOFI-SYNTHELABO - ONE HUNDRED AND TWENTY FIVE MILLION DOLLAR ($125,000,000) TERM EUR 12,000,000,000 FACILITY AGREEMENT DATED [___________[ ] JULY 2005 (THE "" AGREEMENT") 1. We refer to the Agreement. This is a the Selection Notice. Terms defined in the Agreement have the same meaning in this Selection Notice unless given a different meaning in this Selection Notice. 2. We refer to request that Interest Periods under Facility A Loans have a duration of [2/3/6] months as from the Loan with an next Interest Period ending on [___________]beginning immediately after the date of this Selection Notice until the Facility A Final Maturity Date. 3. We request that Interest Periods under Facility B Loans have a duration of [2/3/6] months as from the next Interest Period for beginning immediately after the above Loan is [_____]date of this Selection Notice until the Facility B Final Maturity Date. 34. This Selection Notice is irrevocable. Yours faithfully ---------------------------------------- ..................................... authorised signatory for HINDUSTAN ZINC LIMITED the Company - 91 - SCHEDULE 4 MANDATORY COST FORMULAE 1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority or (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank. Mandatory Costs will be charged only if and to the extent that the applicable Lender certifies that such costs are effectively and commonly charged by that Lender to the vast majority of its customers in connection with facilities of similar size to the Facility. 2. On the first day of each Interest Period (or as soon as possible thereafter) the Agent shall calculate, as a percentage rate, a rate (the "ADDITIONAL COST RATE") for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Agent as a weighted average of the Lenders' Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Loan) and will be expressed as a percentage rate per annum. 3. The Additional Cost Rate for any Lender lending from a Facility Office in a Participating Member State will be the percentage notified by that Lender to the Agent. This percentage will be certified by that Lender in its notice to the Agent to be its reasonable determination of the cost (expressed as a percentage of that Lender's participation in all Loans made from that Facility Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Facility Office. 4. The Additional Cost Rate for any Lender lending from a Facility Office in the United Kingdom will be calculated by the Agent as follows: (a) in relation to a sterling Loan: AB + C(B - D) + E x 0.01 ------------------------ per cent. per annum 100 - (A + C) (b) in relation to a Loan in any currency other than sterling:

Appears in 1 contract

Sources: Facility Agreement (Sanofi Synthelabo Sa)