Common use of Clean-Up Period Clause in Contracts

Clean-Up Period. Until the date after the Clean-up Period ends, the Events of Default set out in Clause 23.3 (Other Obligations) (in so far as they relate to paragraph (a) of Clause 19.17 (No Financial Indebtedness or Security) and Clause 22.6 (Restrictions on Financial Indebtedness)) and Clause 23.4 (Misrepresentation) (in so far as it relates to paragraph (a) of Clause 19.17 (No Financial Indebtedness or Security) shall not apply to or in respect of any event or circumstance (i) with respect to the Target, any of the Target's Subsidiaries, or (ii) which arises with respect to Bidco as a result of its merger with the Target pursuant to a Subsequent Acquisition Transaction, which exists on, or is a direct result of the occurrence of, the Unconditional Date (except that this Clause 23.16 shall not apply to any event or circumstance which the Company could, in all the circumstances, reasonably be expected to have exercised control to prevent or overcome in the time available since the Unconditional Date).

Appears in 4 contracts

Samples: Facilities Agreement (Xstrata PLC), Facilities Agreement (Xstrata PLC), Facilities Agreement (Xstrata PLC)

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Clean-Up Period. Until the date after the Clean-up Period ends, the Events of Default set out in Clause 23.3 24.3 (Other Obligations) (in so far as they relate to paragraph (a) of Clause 19.17 20.17 (No Financial Indebtedness or Security) and Clause 22.6 23.6 (Restrictions on Financial Indebtedness)) and Clause 23.4 24.4 (Misrepresentation) (in so far as it relates to paragraph (a) of Clause 19.17 20.17 (No Financial Indebtedness or Security) shall not apply to or in respect of any event or circumstance (i) with respect to the Target, any of the Target's Subsidiaries, or (ii) which arises with respect to Bidco as a result of its merger with the Target pursuant to a Subsequent Acquisition Transaction, which exists on, or is a direct result of the occurrence of, the Unconditional Date (except that this Clause 23.16 24.16 shall not apply to any event or circumstance which the Company could, in all the circumstances, reasonably be expected to have exercised control to prevent or overcome in the time available since the Unconditional Date).

Appears in 3 contracts

Samples: Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC)

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