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 41 (Amendments will apply. and Waivers) 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 and of a currency)); 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,
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
Super_Senior_Multicurrency_Revolving_Facility_Agreement_18.11.16.docx