plc or such other bank or banks as may be appointed
as such by the Facility Agent after consultation with the Company.
"Regulation T" means Regulation T of the Board of Governors of the Federal
Reserve System as from to time in effect and any successor to all or any portion
thereof.
"Regulation U" means Regulation U of the Board of Governors of the Federal
Reserve System as from time to time in effect and any successor to all or a
portion thereof.
"Regulation X" means Regulation X of the Board of Governors of the Federal
Reserve System as from time to time in effect and any successor to all or any
portion thereof.
"Relevant Finance Documents" means:
(A)
THIS AGREEMENT, ANY DOCUMENTARY CREDIT, ANY ACCESSION NOTICES AND
ANY TRANSFER DEED;
(B)
THE FEE LETTERS;
(C)
THE B FACILITY SYNDICATION LETTER;
(D)
ANY ANCILLARY FACILITY DOCUMENTS;
(E)
THE SECURITY DOCUMENTS;
(F)
THE SECURITY TRUST AGREEMENT;
(G)
THE GROUP INTERCREDITOR AGREEMENT;
(H)
THE HYD INTERCREDITOR AGREEMENT AND ANY SUPPLEMENTAL HYD
INTERCREDITOR AGREEMENT;
(I)
THE BARCLAYS INTERCREDITOR AGREEMENT;
(J)
THE HEDGING AGREEMENTS EITHER ENTERED INTO PURSUANT TO CLAUSE 24.9
(HEDGING) OR PERMITTED TO BE ENTERED INTO PURSUANT TO CLAUSE 25.12 (LIMITATION
ON HEDGING);
(K)
EACH ADDITIONAL FACILITY ACCESSION DEED;
(L)
EACH B FACILITY ACCESSION DEED;
(M)
EACH UTILISATION REQUEST;
(N)
EACH COMPLIANCE CERTIFICATE; AND
(O)
ANY OTHER AGREEMENT OR DOCUMENT DESIGNATED A "RELEVANT FINANCE
DOCUMENT" IN WRITING BY THE FACILITY AGENT AND THE COMPANY.
43
"Relevant Finance Parties" means the Facility Agent, the Arrangers, the
Bookrunners, the Security Trustee, the Lenders and each Hedge Counterparty and
"Relevant Finance Party" means any of them.
"Relevant Interbank Market" means, in relation to euro, the European Interbank
Market and in relation to any other currency, the London interbank market
therefor.
"Relevant Page" means the page of the Reuters screen on which is displayed in
relation to LIBOR, BBA LIBOR for the relevant currency, or, in relation to
EURIBOR, the European offered rates for euro, or, if such page or service shall
cease to be available, such other page or service which displays the London
interbank offered rates for the relevant currency as the Facility Agent, after
consultation with the Lenders and the Company, shall select.
"Relevant Tax Jurisdiction" means:
(A)
THE UNITED KINGDOM, IN RELATION TO A UK BORROWER; AND
(B)
ANY JURISDICTION IN WHICH ANY PERSON IS LIABLE TO TAX BY REASON OF
ITS DOMICILE, RESIDENCE, PLACE OF MANAGEMENT OR OTHER SIMILAR CRITERIA (BUT NOT
ANY JURISDICTION IN RESPECT OF WHICH THAT PERSON IS LIABLE TO TAX BY REASON ONLY
OF ITS HAVING A SOURCE OF INCOME IN THAT JURISDICTION).
"Renewal Request" means, in relation to a Documentary Credit, a Utilisation
Request therefor, in respect of which the proposed Utilisation Date stated in it
is the Expiry Date of an existing Documentary Credit and the proposed Sterling
Amount is the same or less than the Sterling Amount of that existing Documentary
Credit.
"Repayment Date" means:
(A)
IN RELATION TO ANY REVOLVING FACILITY ADVANCE,