Affiliate of a Borrower which is not a party to that document, the relevant Borrower shall ensure that the obligation is performed by its Affiliate. Any reference in this Agreement or any other Finance Document to a Borrower being under no obligations (whether actual or contingent) as a Borrower under such Finance Document shall be construed to include a reference to any Affiliate of a Borrower being under no obligations under any Finance Document or Ancillary Document.] Commitment amounts Notwithstanding any other term of this Agreement, each Lender shall ensure that at all times its Commitment is not less than[: ]its Ancillary Commitment[; or the Ancillary Commitment of its Affiliate]. Amendments and Waivers – Ancillary Facilities No amendment or waiver of a term of any Ancillary Facility shall require the consent of any Finance Party other than the relevant Ancillary Lender unless such amendment or waiver itself relates to or gives rise to a matter which would require an amendment of or under this Agreement (including, for the avoidance of doubt, under this Clause In such a case, Clause (Amendments and Waivers) will apply. SECTION 4 REPAYMENT, PREPAYMENT AND CANCELLATION Repayment of Loans [Subject to paragraph (c) below,] [Each]/[each] Borrower which has drawn a Loan shall repay that Loan on the last day of its Interest Period. Without prejudice to each Borrower's obligation under paragraph (a) above, if: one or more Loans are to be made available to a Borrower: on the same day that a maturing Loan is due to be repaid by that Borrower; in the same currency as the maturing Loan (unless it arose as a result of the operation of Clause 8.2 (Unavailability of a currency)); and in whole or in part for the purpose of refinancing the maturing Loan; and the proportion borne by each Lender's participation in the maturing Loan to the amount of that maturing Loan is the same as the proportion borne by that Lender's participation in the new Loans to the aggregate amount of those new Loans, 41
[Restricted Subsidiary] [EXECUTED AS A DEED ] By: [Restricted Subsidiary] ) _____________________________________ Director _____________________________________ Director/Secretary OR [EXECUTED AS A DEED By: [Restricted Subsidiary] Signature of Director in the presence of Name of Director Signature of witness Name of witness Address of witness Occupation of witness] The Parent [Parent] By: The Security Agent [Full Name of Current Security Agent] By: Date:
Schedule Loans in euro Loans in sterling Loans in other currencies LIBOR or EURIBOR is fixed Quotation Day 11:00 a.m. in respect of LIBOR and 11.00 a.m. (Brussels time) in respect of EURIBOR Quotation Day 11:00 a.m. Quotation Day 11:00 a.m. [Benchmark Rate is fixed for a Loan in a Non-LIBOR Currency] [-] [-] [As specified as such in respect of that currency in 19 (Other Benchmarks)] [Base Reference Bank Rate calculated by reference to available quotations in accordance with Clause (Calculation of Base Reference Bank Rate [and Alternative Reference Bank Rate])] [[Noon] on the Quotation Day in respect of LIBOR [and Quotation Day [11:30 a.m. (Brussels time)] in respect of EURIBOR]] [[Noon] on the Quotation Day]] [[Noon] on the Quotation Day in respect of LIBOR [and as specified as such in respect of the relevant currency in 19 (Other Benchmarks) in respect of a Benchmark Rate]] [Alternative Reference Bank Rate calculated by reference to available quotations in accordance with Clause (Calculation of Base Reference Bank Rate [and Alternative Reference Bank Rate])] [[Close of business in London on the date falling one Business Day after the Quotation Day]/[ ]] [[Close of business in London on the date falling one Business Day after the Quotation Day]/[ ]] [[Close of business in London on the date falling one Business Day after the Quotation Day]/[ ] [and as specified as such in respect of the relevant currency in 19 (Other Benchmarks) in respect of a Benchmark Rate]] "U" = date of utilisation "U – X" = X Business Days prior to date of utilisation 16.2
[Part] [ ] [Insert Benchmark label] Currency/ies [CURRENCY: [ ] Definitions [Alternative Reference Bank Rate: [ ] Alternative Reference Banks: [ ]] [Base Reference Bank Rate: [ ] Base Reference Banks: [ ]] Business Day: [ ] Business Day Conventions (definition of "Month" and Clause (Non-Business Days)): [ ] [Fallback Interest Period: [ ]] Quotation Day: [ ] Relevant Market: [ ] Screen Rate: [ ]. If [such page or service] ceases to be available the Agent may specify another page or service, displaying the relevant rate after consultation with the Parent. Interest Periods Length of Interest Period in absence of selection (paragraph of Clause (Selection of Interest Periods and Terms)): [ ] Periods capable of selection as Interest Periods (paragraph of Clause (Selection of Interest Periods and Terms)): [ ] Length of Interest Period prior to Syndication Date (paragraph (f) of Clause (Selection of Interest Periods and Terms)): [ ] Rate fixing timings