Times when representations made. 13.1 Each of the representations and warranties set out in Clause 10 (Representations of each Party), and Clause 11 (Representations of the Consenting Creditors) shall be made: (a) in the case of an Initial Consenting Creditor, on the date of this Agreement; (b) in the case of an Additional Consenting Creditor, the date on which it delivers a duly completed Accession Deed; (c) in the case of DB, on the date of this Agreement; and (d) in the case of ING, on the date of its ING Accession Deed, in each case by reference to the facts and circumstances then existing on any such date or at such time, as applicable. 13.2 Each of the representations and warranties set out in Clause 10 (Representations of each Party), and Clause 12 (Representations of the Company) are made by the Company: (a) on the date of this Agreement and on the Effective Date; (b) on the date of the Scheme Meetings or, in the event that the Scheme Meetings occur on different dates, the date of each Scheme Meeting; and (c) immediately prior to the Restructuring Effective Date, in each case by reference to the facts and circumstances then existing on any such date or at such time, as applicable.
Appears in 2 contracts
Sources: Restructuring Support Agreement, Restructuring Support Agreement
Times when representations made. 13.1 Each of the representations and warranties set out in Clause 10 (Representations of each Party), and Clause 11 (Representations of the Consenting Creditors) shall be made:
(a) in the case of an Initial Consenting Creditor, on the date of this Agreement;
(b) in the case of an Additional Consenting Creditor, the date on which it delivers a duly completed Accession Deed;
(c) in the case of DB, on the date of this Agreement; and
(d) in the case of ING, on the date of its ING Accession Deed, in each case by reference to the facts and circumstances then existing on any such date or at such time, as applicable.
13.2 Each of the representations and warranties set out in Clause 10 (Representations of each Party), and Clause 12 (Representations of the Company) are made by the Company:
(a) on the date of this Agreement and on the Effective Date;
(b) on the Amendment and Restatement Effective Date;
(c) on the date of the Scheme Meetings or, in the event that the Scheme Meetings occur on different dates, the date of each Scheme Meeting; and
(cd) immediately prior to the Restructuring Effective Date, in each case by reference to the facts and circumstances then existing on any such date or at such time, as applicable.
Appears in 2 contracts
Sources: Conditional Risk Sub Participation Agreement, Restructuring Support Agreement