Common use of Additional Borrower Clause in Contracts

Additional Borrower. The Primary Borrower may, at any time during the term of this Agreement (unless a Default shall have occurred and be continuing), notify the Facility Agent that a Permitted Borrower is to be designated as an additional Borrower under the Revolving Credit Facility. Such notice shall be in writing and signed by the Primary Borrower and the relevant Permitted Borrower and shall take effect in accordance with its terms on the condition that: (a) such Permitted Borrower shall have entered into an Accession Certificate with the Facility Agent which, subject to (b) below, the Facility Agent shall execute on behalf of all the parties to this Agreement (and all such parties so authorise the Facility Agent without any further consent of, or consultation with, such party); and (b) such Permitted Borrower, before entering into such an Accession Certificate, shall have fulfilled all appropriate conditions precedent, as notified to the Primary Borrower by the Facility Agent, to the satisfaction of the Facility Agent including the delivery to the Facility Agent of the documents and evidence referred to in Part C of Schedule 3 in form and substance satisfactory to the Facility Agent. Upon satisfaction of such conditions such Permitted Borrower shall become a party to this Agreement in the capacity of a Borrower in respect of the Revolving Credit Facility and shall assume all the obligations and rights of such a Borrower under this Agreement.

Appears in 3 contracts

Sources: Facilities Agreement (Texas Utilities Electric Co), Facilities Agreement (Texas Utilities Co /Tx/), Facilities Agreement (Tu Acquisitions PLC)