A Bank Clause Samples

A Bank intending to make a claim pursuant to Clause 13.1 shall promptly after becoming aware of the circumstances giving rise to such claim, deliver to the Agent a certificate setting out in reasonable detail the basis of such claim, whereupon the Agent shall promptly notify the Borrower thereof and deliver to the Borrower a copy of such certificate provided that nothing herein shall require such Bank to disclose any confidential information relating to the organisation of its affairs.

A Bank may notify the Borrower and the Agent at any time (without the consent of the Borrower, the Agent or any other Bank) to amend its contractual entity for the purposes of this Facility; however, where a Bank proposes to assign its rights and/or obligations under this Agreement to a third party, it shall first obtain the consent of the Borrower, provided that the Borrower may not unreasonably refuse and such assignment will not immediately result in an increased cost or addition tax liabilities to the Borrower beyond the Borrower's liabilities provided for in this Agreement. In respect of each such assignment, the Bank proposing to assign the rights and/or obligations shall pay the Agent a processing fee of One Hundred Thousand New Taiwan Dollars (NTD100,000).

A Bank whose Competitive Bid has been accepted by a Borrower shall make the Competitive Advance in accordance with the Competitive Bid Request and with its Competitive Bid, subject to the applicable conditions set forth in this Agreement and during the period when such Competitive Advance is outstanding, the Pro Rata Share of the Commitment of each Bank shall be deemed reduced by its Pro Rata Share of the principal amount of each such Competitive Advance.

A Bank who fails to pay the Agent its Ratable Share of any Revolving Credit Loans made available by the Agent on such Bank's behalf, or who fails to pay any other amounts owing by it to the Agent (including, without limitation, amounts due under Section 9.7), is a "Defaulting Bank." The Agent is entitled to recover from such Defaulting Bank all such amounts owing by such Defaulting Bank on demand. If the Defaulting Bank does not pay such amounts on the Agent's demand, the Agent shall promptly notify the Borrower and the Borrower shall pay such amounts within five Business Days of the Borrower's receipt of such notice. In addition, the Defaulting Bank or the Borrower shall pay to the Agent for its own account interest on such amount for each day from the date such amount was made available by the Agent to the Borrower to the date it is recovered by the Agent at a rate per annum equal to the then applicable rate of interest for Revolving Credit Loans; plus, in each case, the expenses and losses, if any, incurred as a result of the Defaulting Bank's failure to perform its obligations. Nothing contained herein shall be deemed to relieve any Bank of its obligation to fulfill its Commitment hereunder or to prejudice any rights which the Borrower may have against any Bank as a result of any default by such Bank hereunder, including, without limitation, the right of the Borrower to seek reimbursement from any Defaulting Bank for any amounts paid by the Borrower under this Section 9.16.2 on account of such Defaulting Bank's default.