Ancillary Facility Clause Samples
The Ancillary Facility clause defines the terms under which additional or supplementary services, equipment, or infrastructure—beyond the main contractual obligations—are provided. Typically, this clause outlines what constitutes an ancillary facility, such as parking areas, storage spaces, or support utilities, and specifies the rights and responsibilities of the parties regarding their use, maintenance, or access. Its core practical function is to ensure clarity about the scope and management of these supplementary resources, thereby preventing disputes and ensuring both parties understand their entitlements and obligations related to facilities that support the primary contract.
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Ancillary Facility. (a) Each Borrower may, at any time during the Availability Period, by notice in writing to the Facility Agent request the establishment of an ancillary facility by the conversion of the unutilised Revolving Facility Commitment (or part thereof) of any Lender under the Revolving Facility into an Ancillary Commitment (an “Ancillary Facility”) with effect from the date (the “Effective Date”) specified in such notice (being a date not less than five Business Days after the date such notice is received by the Facility Agent), provided that the aggregate amount of all Ancillary Facilities shall at no time exceed a Euro Amount of EUR 30,000,000 without the prior written consent of the Majority Lenders.
(b) Any notice delivered in accordance with Clause 7.1(a) (Ancillary Facility) shall specify:
(i) the proposed Borrower;
(ii) the proposed start and expiry date for the Ancillary Facility concerned (and the expiry date must fall on or prior to the Final Maturity Date);
(iii) the type of the proposed Ancillary Facility;
(iv) the proposed Lender;
(v) the amount of the proposed Ancillary Facility;
(vi) the principal commercial terms (including level of margins); and
(vii) such other details as to the nature, amount and operation of the proposed Ancillary Facility as the Facility Agent may reasonably require, and the Facility Agent shall promptly notify each Lender upon receipt of any such notice.
(c) Any Lender so nominated under Clause 9.1
(a) shall become an Ancillary Bank authorised to make the proposed Ancillary Facility available with effect on and from the Effective Date subject to the approval of the Facility Agent (acting reasonably) and the Facility Agent having received notification in writing from the Lender so nominated that it agrees to provide the proposed Ancillary Facility. Such Lender shall have no obligation to agree.
(d) A Borrower may only request the establishment of an Ancillary Facility out of a Lender's Revolving Commitment.
(e) In the event that a Lender agrees to the designation, in accordance with Clause 9.1(a) above, of all or a portion of its Revolving Commitment to be made available by way of Ancillary Facilities then with effect from such date as the relevant Lender, the Parent and the Facility Agent may agree the Revolving Commitment of such Lender shall (except for the purpose of determining the Majority Lenders) be reduced by the maximum exposure (excluding accrued uncapitalised interest, fees and like charges) which it has agreed to ...
Ancillary Facility. Subject to the terms of this Agreement, an Ancillary Bank may provide overdraft, current account and cash advance facilities, forward foreign exchange facilities, bonding, guarantee and letter of credit facilities and/or such other facilities as that Ancillary Bank may agree with the relevant Borrower in place of all or part of its Revolving Facility Commitment, provided that the aggregate amount of all Ancillary Facilities shall at no time exceed a Euro Amount of EUR 30,000,000.
Ancillary Facility. The Parties acknowledge and agree that:
(a) the maximum amount of the Ancillary Facility as at the date of this agreement is (Pounds)58,000,000;
(b) following the first Drawdown Date, the Ancillary Bank proposes to continue to make available to the Borrower an Ancillary Facility under which the facility limit shall not at any time exceed (Pounds)2,000,000;
(c) the terms and conditions applicable to the Ancillary Facility shall be set out in the Ancillary Facility Letter and (to the extent not inconsistent with the Ancillary Facility Letter as in force at the first Drawdown Date) the other Finance Documents; and
(d) nothing in this Agreement or any of the other Finance Documents shall in any way limit or affect any of the Ancillary Bank's rights under or in respect of the Ancillary Facility or the Ancillary Facility Letter (including, without limitation, the right to amend, waive, extend and/or renew it) except to the extent expressly stated in this Agreement or any of the other Finance Documents (including, for the avoidance of doubt, by virtue of the inclusion of the Ancillary Bank as a Finance Party and the Ancillary Facility Letter as a Finance Document).
Ancillary Facility. The Parties acknowledge and agree that:
(a) the Ancillary Bank proposes to continue to make available to MCE an Ancillary Facility under which the facility limit shall not at any time exceed $3,000,000;
(b) the terms and conditions applicable to the Ancillary Facility shall be set out in the Ancillary Facility Letters and (to the extent not inconsistent with the Ancillary Facility Letters as in force at the first Drawdown Date) the other Finance Documents; and
(c) nothing in this Agreement or any of the other Finance Documents shall in any way limit or affect any of the Ancillary Bank's rights under or in respect of the Ancillary Facility or the Ancillary Facility Letters (including, without limitation, the right to amend, waive, extend, cancel and/or renew any of them) except to the extent expressly stated in this Agreement or any of the other Finance Documents (including, for the avoidance of doubt, by virtue of the inclusion of the Ancillary Bank as a Finance Party and the Ancillary Facility Letters as a Finance Document).
Ancillary Facility