LOAN;
(E)
THE PROVISIONS RELATING TO MANDATORY PREPAYMENTS AND GUARANTEES
UNDER AND OF THE INCREMENTAL LOAN SHALL BE NO MORE FAVOURABLE TO THE LENDERS
UNDER THE INCREMENTAL LOAN COMPARED TO THOSE UNDER THE FACILITIES;
(F)
THE COMPANY DELIVERS TO THE FACILITY AGENT ANY LEGAL OPINION OR
OTHER CONDITION PRECEDENTS (INCLUDING ANY INFORMATION REQUIRED TO COMPLY WITH
"KNOW YOUR CUSTOMER" OR SIMILAR IDENTIFICATION PROCEDURES) REQUESTED BY THE
FACILITY AGENT (ACTING REASONABLY) PRIOR TO UTILISATION OF THE INCREMENTAL LOAN;
(G)
IF THE PROPOSED BORROWER OF THE INCREMENTAL LOAN IS NOT A
BORROWER IT BECOMES AN ADDITIONAL BORROWER ON AND IN ACCORDANCE WITH THE TERMS
OF CLAUSE 28.2 (ADDITIONAL BORROWERS);
(H)
THE DATE UPON WHICH THE INCREMENTAL LOAN IS ESTABLISHED IS NO
EARLIER THAN ONE BUSINESS DAY AFTER THE CLOSING DATE.
2.4
FINANCE PARTIES RIGHTS AND OBLIGATIONS
(A)
THE OBLIGATIONS OF EACH FINANCE PARTY UNDER THE FINANCE DOCUMENTS
ARE SEVERAL.
FAILURE BY A FINANCE PARTY TO PERFORM ITS OBLIGATIONS UNDER THE
FINANCE DOCUMENTS DOES NOT AFFECT THE OBLIGATIONS OF ANY OTHER PARTY UNDER THE
FINANCE
28
DOCUMENTS.
NO FINANCE PARTY IS RESPONSIBLE FOR THE OBLIGATIONS OF ANY OTHER
FINANCE PARTY UNDER THE FINANCE DOCUMENTS.
(B)
THE RIGHTS OF EACH FINANCE PARTY UNDER OR IN CONNECTION WITH THE
FINANCE DOCUMENTS ARE SEPARATE AND INDEPENDENT RIGHTS AND ANY DEBT ARISING UNDER
THE FINANCE DOCUMENTS TO A FINANCE PARTY FROM AN OBLIGOR SHALL BE A SEPARATE AND
INDEPENDENT DEBT.
(C)
A FINANCE PARTY MAY, EXCEPT AS OTHERWISE STATED IN THE FINANCE
DOCUMENTS, SEPARATELY ENFORCE ITS RIGHTS UNDER THE FINANCE DOCUMENTS.
2.5
OBLIGORS' AGENT
(A)
EACH OBLIGOR (OTHER THAN THE COMPANY) BY ITS EXECUTION OF THIS
AGREEMENT OR AN ACCESSION LETTER IRREVOCABLY APPOINTS THE COMPANY TO ACT ON ITS
BEHALF AS ITS AGENT IN RELATION TO THE FINANCE DOCUMENTS AND IRREVOCABLY
AUTHORISES:
(I)
THE COMPANY ON ITS BEHALF TO SUPPLY ALL INFORMATION CONCERNING ITSELF
CONTEMPLATED BY THIS AGREEMENT TO THE FINANCE PARTIES AND TO GIVE ALL NOTICES
AND INSTRUCTIONS (INCLUDING, IN THE CASE OF A BORROWER, UTILISATION REQUESTS),
TO EXECUTE ON ITS BEHALF ANY ACCESSION LETTER, TO MAKE SUCH AGREEMENTS AND TO
EFFECT THE RELEVANT AMENDMENTS, SUPPLEMENTS AND VARIATIONS CAPABLE OF BEING
GIVEN, MADE OR EFFECTED BY ANY OBLIGOR NOTWITHSTANDING THAT THEY MAY AFFECT THE
OBLIGOR, WITHOUT FURTHER REFERENCE TO OR THE CONSENT OF THAT OBLIGOR; AND
(II)
EACH FINANCE PARTY TO GIVE ANY NOTICE, DEMAND OR OTHER COMMUNICATION
TO THAT OBLIGOR PURSUANT TO THE FINANCE DOCUMENTS TO THE COMPANY,
and in each case the Obligor shall be bound as though the Obligor itself had
given the notices and instructions (including, without limitation, any
Utilisation Requests) or executed or made the agreements or effected the
amendments, supplements or variations, or received the relevant notice, demand
or other communication.
(B)
EVERY ACT, OMISSION, AGREEMENT, UNDERTAKING, SETTLEMENT, WAIVER,
AMENDMENT, SUPPLEMENT, VARIATION, NOTICE OR OTHER COMMUNICATION GIVEN OR MADE BY
THE OBLIGORS' AGENT OR GIVEN TO THE OBLIGORS' AGENT UNDER ANY FINANCE DOCUMENT
ON BEHALF OF ANOTHER OBLIGOR OR IN CONNECTION WITH ANY FINANCE DOCUMENT (WHETHER
OR NOT KNOWN