AVAILABLE TO THE FACILITY AGENT (UNLESS A CONTRARY
INDICATION APPEARS IN A FINANCE DOCUMENT) FOR VALUE ON THE DUE DATE AT THE TIME
AND IN SUCH FUNDS SPECIFIED BY THE FACILITY AGENT AS BEING CUSTOMARY AT THE TIME
FOR SETTLEMENT OF TRANSACTIONS IN THE RELEVANT CURRENCY IN THE PLACE OF PAYMENT.
(B)
PAYMENT SHALL BE MADE TO SUCH ACCOUNT IN
THE PRINCIPAL FINANCIAL CENTRE OF THE COUNTRY OF THAT CURRENCY (OR, IN RELATION
TO EURO, IN A PRINCIPAL FINANCIAL CENTRE IN A PARTICIPATING MEMBER STATE OR
LONDON) WITH SUCH BANK AS THE FACILITY AGENT SPECIFIES.
33.2
DISTRIBUTIONS BY THE FACILITY AGENT
Each payment received by the Facility Agent under the Finance Documents for
another Party shall, subject to Clause 33.3 (Distributions to an Obligor) and
Clause 33.4 (Clawback) be made available by the Facility Agent as soon as
practicable after receipt to the Party entitled to receive payment in accordance
with this Agreement (in the case of a Lender, for the account of its Facility
Office), to such account as that Party may notify to the Facility Agent by not
less than five Business Days' notice with a bank in the principal financial
centre of the country of that currency (or, in relation to euro, in the
principal financial centre of a Participating Member State or London).
33.3
DISTRIBUTIONS TO AN OBLIGOR
(A)
THE FACILITY AGENT MAY (WITH THE
CONSENT OF THE OBLIGOR OR IN ACCORDANCE WITH CLAUSE 34 (SET-OFF)) APPLY ANY
AMOUNT RECEIVED BY IT FOR THAT OBLIGOR IN OR TOWARDS PAYMENT (ON THE DATE AND IN
THE CURRENCY AND FUNDS OF RECEIPT) OF ANY AMOUNT DUE FROM THAT OBLIGOR UNDER THE
FINANCE DOCUMENTS OR IN OR TOWARDS PURCHASE OF ANY AMOUNT OF ANY CURRENCY TO BE
SO APPLIED.
(B)
EACH PAYMENT TO AN OBLIGOR SHALL BE MADE
TO SUCH ACCOUNT WITH SUCH BANK AS THE PARENT SPECIFIES.
33.4
CLAWBACK
(A)
WHERE A SUM IS TO BE PAID TO THE
FACILITY AGENT UNDER THE FINANCE DOCUMENTS FOR ANOTHER PARTY, THE FACILITY AGENT
IS NOT OBLIGED TO PAY THAT SUM TO THAT OTHER PARTY (OR TO ENTER INTO OR PERFORM
ANY RELATED EXCHANGE CONTRACT) UNTIL IT HAS BEEN ABLE TO ESTABLISH TO ITS
SATISFACTION THAT IT HAS ACTUALLY RECEIVED THAT SUM.
(B)
IF THE FACILITY AGENT PAYS AN AMOUNT TO
ANOTHER PARTY AND IT PROVES TO BE THE CASE THAT THE FACILITY AGENT HAD NOT
ACTUALLY RECEIVED THAT AMOUNT, THEN THE PARTY TO WHOM THAT AMOUNT (OR THE
PROCEEDS OF ANY RELATED EXCHANGE CONTRACT)
116
WAS PAID BY THE FACILITY AGENT SHALL ON DEMAND REFUND THE SAME TO THE FACILITY
AGENT TOGETHER WITH INTEREST ON THAT AMOUNT FROM THE DATE OF PAYMENT TO THE DATE
OF RECEIPT BY THE FACILITY AGENT, CALCULATED BY THE FACILITY AGENT TO REFLECT
ITS COST OF FUNDS.
33.5
PARTIAL PAYMENTS
(A)
IF THE FACILITY AGENT RECEIVES A
PAYMENT THAT IS INSUFFICIENT TO DISCHARGE ALL THE AMOUNTS THEN DUE AND PAYABLE
BY AN OBLIGOR UNDER THE FINANCE DOCUMENTS, THE FACILITY AGENT SHALL APPLY THAT
PAYMENT