SUCH AMOUNT SHALL, SUBJECT TO ANY INCREASED
INTEREST RATE PURSUANT TO PARAGRAPH (B) BELOW, ACCRUE INTEREST OR, INSOFAR AS IT
RELATES TO UNPAID INTEREST, SHALL GIVE RISE TO A CLAIM FOR LUMP SUM DAMAGES FROM
THE DUE DATE UP TO THE DATE OF ACTUAL PAYMENT (BOTH BEFORE AND AFTER JUDGMENT)
AT A RATE WHICH IS ONE PER CENT HIGHER THAN THE RATE WHICH WOULD HAVE BEEN
PAYABLE IF THE OVERDUE AMOUNT HAD, DURING THE PERIOD OF NON PAYMENT, CONSTITUTED
A LOAN IN THE CURRENCY OF THE OVERDUE AMOUNT FOR SUCCESSIVE INTEREST PERIODS,
EACH OF A DURATION SELECTED BY THE FACILITY AGENT (ACTING REASONABLY).
ANY
INTEREST ACCRUING UNDER THIS CLAUSE 12.5 SHALL BE IMMEDIATELY PAYABLE BY THE
OBLIGOR ON DEMAND BY THE FACILITY AGENT.
(B)
IF ANY OVERDUE AMOUNT CONSISTS OF ALL OR
PART OF A LOAN WHICH BECAME DUE ON A DAY WHICH WAS NOT THE LAST DAY OF AN
INTEREST PERIOD RELATING TO THAT LOAN:
(I)
THE FIRST INTEREST PERIOD FOR THAT OVERDUE AMOUNT
SHALL HAVE A DURATION EQUAL TO THE UNEXPIRED PORTION OF THE CURRENT INTEREST
PERIOD RELATING TO THAT LOAN; AND
(II)
THE RATE OF INTEREST APPLYING TO THE OVERDUE AMOUNT
DURING THAT FIRST INTEREST PERIOD SHALL BE ONE PER CENT. HIGHER THAN THE RATE
WHICH WOULD HAVE APPLIED IF THE OVERDUE AMOUNT HAD NOT BECOME DUE.
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(C)
DEFAULT INTEREST (IF UNPAID) ARISING ON
AN OVERDUE AMOUNT WILL BE COMPOUNDED WITH THE OVERDUE AMOUNT AT THE END OF EACH
INTEREST PERIOD APPLICABLE TO THAT OVERDUE AMOUNT BUT WILL REMAIN IMMEDIATELY
DUE AND PAYABLE.
12.6
NOTIFICATION OF RATES OF INTEREST
The Facility Agent shall promptly notify the Lenders and the relevant
Borrower(s) of the determination of a rate of interest under this Agreement.
13.
INTEREST PERIODS AND TERMS
13.1
SELECTION OF INTEREST PERIODS AND TERMS
(A)
A BORROWER OR THE COMPANY (ON BEHALF OF
ANY OTHER BORROWER) MAY SELECT AN INTEREST PERIOD FOR A LOAN IN THE UTILISATION
REQUEST FOR THAT LOAN OR (IF THE LOAN IS A TERM LOAN AND HAS ALREADY BEEN
BORROWED) IN A SELECTION NOTICE.
(B)
EACH SELECTION NOTICE IS IRREVOCABLE AND
MUST BE DELIVERED TO THE FACILITY AGENT BY THE BORROWER (OR THE COMPANY ON
BEHALF OF ANY OTHER BORROWER) TO WHICH THAT TERM LOAN WAS MADE NOT LATER THAN
THE SPECIFIED TIME.
(C)
IF A BORROWER (OR THE COMPANY ON BEHALF
OF ANY OTHER BORROWER) FAILS TO DELIVER A SELECTION NOTICE TO THE FACILITY AGENT
IN ACCORDANCE WITH PARAGRAPH (B) ABOVE, THE RELEVANT INTEREST PERIOD WILL,
SUBJECT TO CLAUSE 13.2 (CHANGES TO INTEREST PERIODS), BE ONE MONTH.
(D)
SUBJECT TO THIS CLAUSE 13, A BORROWER
(OR THE COMPANY ON BEHALF OF ANY OTHER BORROWER) MAY SELECT AN INTEREST PERIOD
OF ONE, TWO, THREE OR SIX MONTHS OR ANY OTHER PERIOD AGREED BETWEEN THE COMPANY
AND THE FACILITY AGENT (ACTING ON THE INSTRUCTIONS OF THE MAJORITY LENDERS). IN
ADDITION A BORROWER (OR THE COMPANY ON ITS BEHALF) MAY SELECT AN INTEREST PERIOD
OF (IN RELATION TO FACILITY A) A PERIOD OF