THIS AGREEMENT.
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(F)
THE BORROWERS SHALL NOT REPAY OR
PREPAY ALL OR ANY PART OF THE LOANS OR CANCEL ALL OR ANY PART OF THE COMMITMENTS
EXCEPT AT THE TIMES AND IN THE MANNER EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
(G)
NO AMOUNT OF THE TOTAL COMMITMENTS
CANCELLED UNDER THIS AGREEMENT MAY BE SUBSEQUENTLY REINSTATED.
(H)
IF THE FACILITY AGENT RECEIVES A NOTICE
UNDER THIS CLAUSE 11 IT SHALL PROMPTLY FORWARD A COPY OF THAT NOTICE TO EITHER
THE PARENT OR THE AFFECTED LENDERS, AS APPROPRIATE.
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SECTION 5
COSTS OF UTILISATION
12.
INTEREST
12.1
CALCULATION OF INTEREST
The rate of interest on each Loan for each Interest Period is the percentage
rate per annum which is the aggregate of the applicable:
(A)
MARGIN;
(B)
LIBOR; AND
(C)
MANDATORY COST, IF ANY.
12.2
PAYMENT OF INTEREST
(A)
THE BORROWER TO WHICH A LOAN HAS BEEN
MADE SHALL PAY ACCRUED INTEREST ON THAT LOAN ON THE LAST DAY OF EACH INTEREST
PERIOD (AND, IF ANY INTEREST PERIOD IS LONGER THAN SIX MONTHS, ON THE DATES
FALLING AT SIX MONTHLY INTERVALS AFTER THE FIRST DAY OF THAT INTEREST PERIOD).
(B)
IF THE ANNUAL AUDITED FINANCIAL
STATEMENTS OF THE GROUP AND RELATED COMPLIANCE CERTIFICATE RECEIVED BY THE
FACILITY AGENT SHOW THAT A MARGIN REDUCTION SHOULD NOT HAVE OCCURRED DURING A
CERTAIN PERIOD, THE PARENT SHALL (OR SHALL ENSURE THE RELEVANT BORROWER SHALL)
PROMPTLY PAY TO THE FACILITY AGENT ANY AMOUNTS NECESSARY TO PUT THE FACILITY
AGENT AND THE LENDERS IN THE POSITION THEY WOULD HAVE BEEN IN HAD THE MARGIN
REDUCTION NOT OCCURRED.
12.3
DEFAULT INTEREST
(A)
IF AN OBLIGOR FAILS TO PAY ANY AMOUNT
PAYABLE BY IT UNDER A FINANCE DOCUMENT ON ITS DUE DATE, INTEREST SHALL ACCRUE ON
THE OVERDUE AMOUNT FROM THE DUE DATE UP TO THE DATE OF ACTUAL PAYMENT (BOTH
BEFORE AND AFTER JUDGMENT) AT A RATE WHICH IS TWO 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 12.3 SHALL BE
IMMEDIATELY PAYABLE BY THE OBLIGOR ON DEMAND BY THE FACILITY AGENT.
(B)
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.
12.4
NOTIFICATION OF RATES OF INTEREST
The Facility Agent shall promptly notify the Lenders and the relevant Borrower
(or the Parent) of the determination of a rate of interest under this Agreement.
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13.
INTEREST PERIODS
13.1
SELECTION OF INTEREST PERIODS
(A)
A BORROWER (OR THE PARENT ON BEHALF OF
A 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