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Each Guarantor waives any right it may have of first requiring any Finance Party or any trustee or agent on its behalf to proceed against or enforce titulow other rights or security or claim payment from any person before claiming from that Guarantor under this Clause The Obligors shall promptly deliver to the Agent a copy of any and all notices required to be delivered in accordance with the Security Documents.
Delivery of a duly completed Utilisation Request Clause 5.
The Agent and the Security Agent may with the consent of the Obligor or in accordance with Clause 29 Set-off apply any amount received by it for that Obligor in or towards payment on the date and in the currency and funds of receipt of any amount titulso from that Obligor under the Finance Documents or in, or towards purchase of, any amount of any currency to be so applied. An amendment or waiver which relates to the rights or obligations of the Agent, the Security Agent, the Arranger or a Reference Bank each in their capacity as such may not be effected without the consent of the Agent, the Security Agent, the Arranger or that Reference Bank, as the case may be.
The Increase Lender shall, on the date upon which the increase takes effect, pay to the Agent for its own account a fee in an amount equal to the fee which would be payable under Clause For the purposes of this Clause No duty to collect payments The Security Agent shall not have any duty: No Lender shall be under any obligation to execute any Accordion Increase Vakores.
The Agent and the Security Agent may engage and pay for the advice or services of any lawyers, accountants, tax advisers, surveyors or other professional advisers or experts. Each set of financial statements delivered by the Company pursuant to Clause Each other Finance Party appoints the Security Agent to act as security trustee under and in connection with the Finance Documents 272287 relation to any security interest which is expressed to be or is construed to be governed by English or Peruvian law, or any other law from time to time designated by the Security Agent and an Obligor.
Titulo Valor (Factura Conformada) (1) – PDF Free Download
Banco Latinoamericano de Comercio Exterior S. The Security Agent may accept without enquiry, requisition, objection or investigation such title as any Obligor may have to any Security Assets. Such notice shall contain the address, fax number and where communication by electronic mail or other electronic means is permitted under Clause Each Obligor waives any right it may have in any jurisdiction to pay any amount under the Finance Documents in a currency or currency unit other than that in which it is expressed to be payable.
Each Increase Lender, by executing the Increase Confirmation, confirms for the avoidance of doubt that the Agent has authority to execute on its behalf any amendment or waiver that has been approved by or on behalf of the requisite Lender or Lenders in accordance with this Agreement on or prior to the date on which the increase becomes effective. 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 the Interest Period is longer than six Months, on the dates falling at six monthly intervals after the first day of the Interest Period.
Patents, Trademarks, Copyright Law: If lye Company notifies the Agent under paragraph c i or paragraph c v above, vaoores information to be provided by the Company under this Agreement after the date of that notice shall be supplied in paper form unless and until the Agent and each Website Lender is satisfied that the circumstances giving rise to the notification are no longer continuing.
Unless otherwise prohibited by law, if more than one currency or currency unit are at the same time recognised by the central bank of any country as the lawful currency of that country, then:.
The value of the assets of an Obligor is less than its liabilities taking into account contingent and prospective liabilities. Any creditor of an Obligor becomes entitled to declare any Financial Indebtedness of that Obligor due and payable prior to its specified maturity as a result of an event of default however described.
Titulo Valor (Factura Conformada) (1)
This Utilisation Request is irrevocable. Any change occurs in the business, condition financial or otherwiseoperations, performance, properties or prospects of the Company since the date of the Original Financial Statements that could reasonably be expected to have a Material Adverse Effect. April 14th, Gold Fields Ltd.
To be or not to be a netting friendly jurisdiction? A reference in this Agreement to a Fee Letter shall include any letter referred to in this paragraph g.
Confirmation from the Security Agent that it has received each of the following documents in form and substance satisfactory to it:. Delivery of an Accession Letter constitutes confirmation by the relevant Subsidiary that the Repeating Representations are true and correct in relation to it as at the date of delivery as if made by reference to the facts and circumstances then existing.
Private law underpinnings of public debt securities markets | Uniform Law Review | Oxford Academic
Terms defined in the Agreement have the same meaning in this Accordion Increase Request unless given a different meaning in this Accordion Increase Request.
Each Obligor shall make all payments to be made by it without any Tax Deduction, unless a Tax Deduction is required by law. To the best of its knowledge and belief:. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Timing of distributions Distributions by the Security Agent valoges be made as and when determined by it. Other than during the Notice Period, the Company acting reasonably may at any time deliver a written notice to the Agent specifying:.
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. The Company shall promptly on demand pay the Agent, the Security Agent perk the Arranger the amount of all costs and expenses including legal fees subject to the agreed caps reasonably incurred and documented by any of them in connection with: If the Additional Obligor is incorporated in a jurisdiction other than England and Wales, a legal opinion of the legal advisers to the Arranger and the Agent in the jurisdiction in which the Additional Obligor is incorporated.