Times when representation made. (a) All the representations and warranties in this Clause 18 are made by each Obligor on the date of this Agreement and, in the case of each Additional Obligor, on the date of accession of such Additional Obligor (by reference to the facts and circumstances then existing (other than the representation in paragraph (a) of Clause 18.10 (No misleading information) which is deemed to be made on the date the Information is provided by the relevant Obligor). (b) All the representations and warranties in this Clause 18 are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the date of each Utilisation Request and Utilisation Date. (c) The Repeating Representations are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the first day of each Interest Period, save that the references in Clause 18.11 (Financial statements) to “the Original Financial Statements” shall, for the purposes of the Repeating Representations, be construed as references to the most recent audited consolidated financial statements of the Parent delivered to the Agent under Clause 19.1 (Financial statements).
Appears in 4 contracts
Sources: Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Sibanye Gold LTD), Credit Facility Agreement (Sibanye Gold LTD)
Times when representation made. (a) All the representations and warranties in this Clause 18 are made by each Obligor on the date of this Agreement and, in the case of each Additional Obligor, on the date of accession of such Additional Obligor (by reference to the facts and circumstances then existing (other than the representation in paragraph (a) of Clause 18.10 (No misleading information) which is deemed to be made on the date the Information is provided by the relevant Obligor).
(b) All the representations and warranties in this Clause 18 are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the date of each Utilisation Request and Utilisation Date.
(c) The Repeating Representations are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the first day of each Interest PeriodPeriod (other than on the first day of the first Interest Period for a Loan), on the date of extension pursuant to the exercise of the Extension Option under Clause 6.3 (Extension Option) and on the Facility A Term Out Date save that the references in Clause 18.11 (Financial statements) to “the Original Financial Statements” shall, for the purposes of the Repeating Representations, be construed as references to the most recent audited consolidated financial statements of the Parent delivered to the Agent under Clause 19.1 (Financial statements).
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
Times when representation made. (a) All the representations and warranties in this Clause 18 are made by each Obligor on the date of this Agreement and, in the case of each Additional Obligor, on the date of accession of such Additional Obligor (by reference to the facts and circumstances then existing (other than the representation in paragraph (a) of Clause 18.10 (No misleading information) which is deemed to be made on the date the Information is provided by the relevant Obligor).
(b) All the representations and warranties in this Clause 18 are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the date of each Utilisation Request and Utilisation Date.
(c) The Repeating Representations are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the first day of each Interest Period, on the date of extension pursuant to the exercise of the Extension Option under Clause 6.3 (Extension Option) and on the Term Out Date save that the references in Clause 18.11 (Financial statements) to “the Original Financial Statements” shall, for the purposes of the Repeating Representations, be construed as references to the most recent audited consolidated financial statements of the Parent delivered to the Agent under Clause 19.1 (Financial statements).
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
Times when representation made. (a) All the representations and warranties in this Clause 18 19 are made by each Obligor on the date of this Agreement and, and in the case of each Additional Obligor, on the date of accession of such an Additional Obligor (by reference to the facts and circumstances then existing (other than the representation in paragraph paragraphs (a) and (b) of Clause 18.10 19.10 (No misleading information)), the day on which the company becomes (or it is proposed that the company becomes) which is deemed to be made on the date the Information is provided by the relevant an Additional Obligor).
(b) All the representations and warranties in this Clause 18 19 are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the date of each Utilisation Request and Utilisation Date.
(c) The Repeating Representations are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the first day of each Interest Period, Period (other than on the first day of the first Interest Period for a Loan) save that the references in Clause 18.11 19.11 (Financial statements) to “the Original Financial Statements” shall, for the purposes of the Repeating Representations, be construed as references to the most recent audited consolidated financial statements of the Parent delivered to the Agent under Clause 19.1 20.1 (Financial statements).
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
Times when representation made. (a) All the representations and warranties in this Clause 18 are made by each Obligor on the date of this Agreement and, in the case of each Additional Obligor, on the date of accession of such Additional Obligor (by reference to the facts and circumstances then existing existing) (other than the representation in paragraph (a) of Clause 18.10 (No misleading information) which is deemed to be made on the date the Information is provided by the relevant Obligor).
(b) All the representations and warranties in this Clause 18 are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the date of each Utilisation Request and Utilisation Date.
(c) The Repeating Representations are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the first day of each Interest Period, Period save that the references in Clause 18.11 (Financial statements) to “the Original Financial Statements” shall, for the purposes of the Repeating Representations, be construed as references to the most recent audited consolidated financial statements of the Parent delivered to the Agent under Clause 19.1 (Financial statements).
Appears in 1 contract
Times when representation made. (a) All the representations and warranties in this Clause 18 are made by each Obligor on the date of this Agreement and, in the case of each Additional Obligor, on the date of accession of such Additional Obligor (by reference to the facts and circumstances then existing existing) (other than the representation representations in (i) paragraph (a) of Clause 18.10 (No misleading information) which is are deemed to be made on the date the Information is provided by the relevant ObligorObligor and in the case of the information contained in the Information Package, on the date on which the Information Package is posted on Debt domain by Barclays Bank PLC (in its capacity as Arranger) in connection with the syndication of the Facility, and (ii) Clause 18.23 (Demerger) which is deemed to be made on the Demerger Date by the Parent only).
(b) All the representations and warranties in this Clause 18 The Repeating Representations are deemed to be made by each Obligor (by reference to the facts and circumstances then existing) on the date of each Utilisation Request and on each Utilisation Date.
(c) The Repeating Representations are deemed to be made by each Obligor (by reference to the facts Date and circumstances then existing) on the first day of each Interest Period, save that the references in Clause 18.11 (Financial statements) to “the Original Financial Statements” shall, for the purposes of the Repeating Representations, be construed as references to the most recent audited consolidated financial statements of the Parent delivered to the Agent under Clause 19.1 (Financial statements).
Appears in 1 contract