Common use of Additional Borrowers Clause in Contracts

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph (c) of Clause 20.5 (“Know your customer” checks), the Company may request that any UK Finance Subsidiary and/or US Finance Subsidiary becomes an Additional Borrower (Vertragsbeitritt). That Subsidiary shall become an Additional Borrower if: (i) the Company delivers to the Agent a duly completed and executed Borrower Accession Letter; (ii) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iii) the Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in (a) of Schedule 2 (Conditions Precedent).

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph (c) of Clause 20.5 (“Know your customer” checks), the The Company may request that any UK Finance Subsidiary and/or US Finance Subsidiary of its Subsidiaries becomes an Additional Borrower (Vertragsbeitritt)Borrower. That Subsidiary shall become an Additional Borrower if: (i) it is incorporated in The Netherlands or, in the case of a Subsidiary incorporated outside of The Netherlands, all the Lenders approve the addition of that Subsidiary; Back to Contents (ii) the Company delivers to the Facility Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiiv) the Facility Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) Part II of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. (b) The Facility Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in (a) Part II of Schedule 2 (Conditions Precedent).

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph (c) of Clause 20.5 (“Know your customer” checks), the The Company may request that any UK Finance Subsidiary and/or US Finance Subsidiary of its Subsidiaries becomes an Additional Borrower (Vertragsbeitritt)Borrower. That Subsidiary shall become an Additional Borrower if: (i) it is incorporated in The Netherlands or, in the case of a Subsidiary incorporated outside of The Netherlands, all the Lenders approve the addition of that Subsidiary; (ii) the Company delivers to the Facility Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiiv) the Facility Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) Part II of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. (b) The Facility Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in (a) Part II of Schedule 2 (Conditions Precedent).

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph (c) of Clause 20.5 (“Know your customer” checks), the The Company may request that any UK Finance Subsidiary and/or US Finance Subsidiary of the Company’s wholly owned Subsidiaries (other than Subsidiaries incorporated in South Africa) becomes an Additional Borrower (Vertragsbeitritt)Borrower. That Subsidiary shall become an Additional Borrower if: (i) all the Lenders approve the addition of that Subsidiary; (ii) the Company delivers to the Facility Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiiv) the Facility Agent has received all of the documents and other evidence listed in (a) Part IV of Schedule 1 (Conditions Precedent precedent required to be delivered by an Additional Borrower) of Schedule 2 (Conditions PrecedentObligor) in relation to that Additional Borrower, each in form and substance satisfactory to the Facility Agent. (b) The Facility Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in (a) Part IV of Schedule 2 (Conditions Precedent)1.

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph paragraphs (c) and (d) of Clause 20.5 21.7 (“Know your customer” checks), the Company may request that any UK Finance Subsidiary and/or US Finance of its wholly owned Subsidiaries which is not a Dormant Subsidiary becomes an Additional Borrower (Vertragsbeitritt)a Borrower. That Subsidiary shall become an Additional a Borrower if: (i) it is incorporated in the same jurisdiction as an existing Borrower, or is incorporated in Belgium, Denmark, England, France, Germany, Ireland, Spain or Sweden, or otherwise if all the Lenders approve the addition of that Subsidiary; (ii) the Company delivers and that Subsidiary deliver to the Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Subsidiary is (or becomes) a Guarantor prior to becoming a Borrower; (iv) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiv) the Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) Part 2 of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in (a) Part 2 of Schedule 2 (Conditions Precedent).

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph (c) of Clause 20.5 (“Know your customer” checks), the The Company may request that any UK Finance Subsidiary and/or US Finance Subsidiary of its Subsidiaries becomes an Additional Borrower (Vertragsbeitritt)Borrower. That Subsidiary shall become an Additional Borrower if: (i) all Lenders (acting reasonably) approve the addition of that Subsidiary and which they shall so do if that Subsidiary is a wholly owned subsidiary incorporated in the United Kingdom; (ii) the Company delivers to the Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiiv) the Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) Part II of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance reasonably satisfactory to the Agent. (b) The Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance reasonably satisfactory to it) all the documents and other evidence listed in (a) Part II of Schedule 2 (Conditions Precedent).

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph paragraphs (c) and (d) of Clause 20.5 21.9 (“Know your customer” checks), the Company may request that any UK Finance Subsidiary and/or US Finance of its wholly owned Subsidiaries which is not a Dormant Subsidiary becomes an Additional Borrower (Vertragsbeitritt)a Borrower. That Subsidiary shall become an Additional a Borrower if: (i) it is incorporated in the same jurisdiction as an existing Borrower, or is incorporated in Belgium, Denmark, England, France, Germany, Ireland, Spain or Sweden, or otherwise if all the Lenders approve the addition of that Subsidiary; (ii) the Company delivers and that Subsidiary deliver to the Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Subsidiary is (or becomes) a Guarantor prior to becoming a Borrower; (iv) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiv) the Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) Part 2 of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Agent. (b) The Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in (a) Part 2 of Schedule 2 (Conditions Precedent).

Additional Borrowers. (a) Subject to compliance with the provisions of paragraph (c) of Clause 20.5 (“Know your customer” checks), the The Company may request that any UK Finance Subsidiary and/or US Finance Subsidiary of its Subsidiaries becomes an Additional Borrower (Vertragsbeitritt)Borrower. That Subsidiary shall become an Additional Borrower if: (i) all Lenders (acting reasonably) approve the addition of that Subsidiary and which they shall do so if that Subsidiary is a wholly owned subsidiary incorporated in the United Kingdom; (ii) the Company delivers to the Agent a duly completed and executed Borrower Accession Letter; (iiiii) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (iiiiv) the Agent has received all of the documents and other evidence listed in (a) (Conditions Precedent required to be delivered by an Additional Borrower) Part II of Schedule 2 (Conditions Precedent) in relation to that Additional Borrower, each in form and substance reasonably satisfactory to the Agent. (b) The Agent shall notify the Company and the Lenders promptly upon being satisfied that it has received (in form and substance reasonably satisfactory to it) all the documents and other evidence listed in (a) Part II of Schedule 2 (Conditions Precedent).