SETTLEMENT, WAIVER, NOTICE OR OTHER COMMUNICATION GIVEN OR MADE BY THE OBLIGORS'
AGENT UNDER ANY RELEVANT FINANCE DOCUMENT, OR IN CONNECTION WITH THIS AGREEMENT
(WHETHER OR NOT KNOWN TO THE PARENT OR ANY OTHER OBLIGOR, AS THE CASE MAY BE,
AND WHETHER OCCURRING BEFORE OR AFTER SUCH PERSON BECAME PARTY TO THIS
AGREEMENT), SHALL BE BINDING FOR ALL PURPOSES ON THE PARENT AND ALL OTHER
OBLIGORS AS IF THE PARENT OR THE OTHER OBLIGORS HAD EXPRESSLY MADE, GIVEN OR
CONCURRED WITH THE SAME.
IN THE EVENT OF ANY CONFLICT BETWEEN ANY NOTICES OR
OTHER COMMUNICATIONS OF THE OBLIGORS' AGENT AND THE PARENT OR ANY OTHER OBLIGOR,
THOSE OF THE OBLIGORS' AGENT SHALL PREVAIL.
30.18
CO-OPERATION WITH THE FACILITY AGENT
(A)
EACH LENDER AND EACH OBLIGOR WILL CO-OPERATE WITH
EACH OF THE FACILITY AGENT TO COMPLETE ANY LEGAL REQUIREMENTS IMPOSED ON THE
FACILITY AGENT IN CONNECTION WITH THE PERFORMANCE OF ITS DUTIES UNDER THIS
AGREEMENT AND SHALL SUPPLY ANY INFORMATION REQUESTED BY THE FACILITY AGENT IN
CONNECTION WITH THE PROPER PERFORMANCE OF THOSE DUTIES PROVIDED THAT NEITHER THE
PARENT NOR ANY OBLIGOR SHALL BE UNDER ANY OBLIGATION TO PROVIDE ANY INFORMATION
THE SUPPLY OF WHICH WOULD BE CONTRARY TO ANY CONFIDENTIALITY OBLIGATION BINDING
ON ANY MEMBER OF THE GROUP OR PREJUDICE THE RETENTION OF LEGAL PRIVILEGE IN SUCH
INFORMATION AND PROVIDED FURTHER THAT NEITHER THE PARENT NOR ANY OBLIGOR SHALL
(AND THE COMPANY SHALL PROCURE THAT NO MEMBER OF THE BANK GROUP SHALL) BE ABLE
TO DENY THE FACILITY AGENT ANY SUCH INFORMATION BY REASON OF IT HAVING ENTERED
INTO A CONFIDENTIALITY UNDERTAKING WHICH WOULD PREVENT IT FROM DISCLOSING, OR BE
ABLE TO CLAIM ANY LEGAL PRIVILEGE IN RESPECT OF, ANY FINANCIAL INFORMATION
RELATING TO ITSELF OR THE GROUP.
179
(B)
ANY LENDER MAY BY NOTICE TO THE FACILITY AGENT
APPOINT A PERSON TO RECEIVE ON ITS BEHALF ALL NOTICES, COMMUNICATIONS,
INFORMATION AND DOCUMENTS TO BE MADE OR DESPATCHED TO THAT LENDER UNDER THE
RELEVANT FINANCE DOCUMENTS.
SUCH NOTICE SHALL CONTAIN THE ADDRESS, FAX NUMBER
AND (WHERE COMMUNICATION BY ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS IS
PERMITTED UNDER CLAUSE 41.5 (ELECTRONIC COMMUNICATION)) ELECTRONIC MAIL ADDRESS
AND/OR ANY OTHER INFORMATION REQUIRED TO ENABLE THE SENDING AND RECEIPT OF
INFORMATION BY THAT MEANS (AND, IN EACH CASE, THE DEPARTMENT OR OFFICER, IF ANY,
FOR WHOSE ATTENTION COMMUNICATION IS TO BE MADE) AND BE TREATED AS A
NOTIFICATION OF A SUBSTITUTE ADDRESS, FAX NUMBER, ELECTRONIC MAIL ADDRESS,
DEPARTMENT AND OFFICER BY THAT LENDER FOR THE PURPOSES OF CLAUSE 41.2 (GIVING OF
NOTICE) AND PARAGRAPH (A)(III) OF CLAUSE 41.5 (ELECTRONIC COMMUNICATION) AND THE
FACILITY AGENT SHALL BE ENTITLED TO TREAT SUCH PERSON AS THE PERSON ENTITLED TO
RECEIVE ALL SUCH NOTICES, COMMUNICATIONS, INFORMATION AND DOCUMENTS AS THOUGH
THAT PERSON WERE THAT LENDER.
30.19
"KNOW YOUR CLIENT" CHECKS
Nothing in this Agreement shall oblige any of the Facility Agent, the
Bookrunners or the Arrangers to carry out any "know your client" or other
applicable anti-money laundering checks in relation to the identity of any
person