Debt assumptions. (a) The Representatives and the Agents may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (b) The Representatives and the Agents may assume, unless it has received notice to the contrary in its capacity as agent, that: (i) no event of default or potential event of default, however described, has occurred (unless it has actual knowledge of a failure by an ICA Group Company to pay on the due date an amount pursuant to a Senior Finance Document); (ii) no Super Senior Debt or Senior Debt have been accelerated; (iii) any instructions or Enforcement Instructions received by it from a Representative or an Agent are duly given in accordance with the terms of the Senior Finance Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked; (iv) any right, power, authority or discretion vested in any Party or any group of creditors or Secured Parties has not been exercised; and (v) any notice or request made by the Issuer is made on behalf of and with the consent and knowledge of all the ICA Group Companies. (c) The Representatives and the Agents may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
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Sources: Intercreditor Agreement, Intercreditor Agreement, Intercreditor Agreement
Debt assumptions. (a) The Representatives and the Agents may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(b) The Representatives and the Agents may assume, unless it has received notice to the contrary in its capacity as agent, that:
(i) no event of default or potential event of default, however described, has occurred (unless it has actual knowledge of a failure by an ICA Group Company to pay on the due date an amount pursuant to a Senior Secured Finance Document);
(ii) no Super Senior Debt or Senior Debt have been accelerated;
(iii) any instructions or Enforcement Instructions received by it from a Representative or an Agent are duly given in accordance with the terms of the Senior Secured Finance Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked;
(iv) any right, power, authority or discretion vested in any Party or any group of creditors or Secured Parties has not been exercised; and
(v) any notice or request made by the Issuer is made on behalf of and with the consent and knowledge of all the ICA Group CompaniesCompanies and the Parent.
(c) The Representatives and the Agents may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
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Debt assumptions. (a) The Representatives and the Agents may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(b) The Representatives and the Agents may assume, unless it has received notice to the contrary in its capacity as agent, that:
(i) no event of default or potential event of default, however described, has occurred (unless it has actual knowledge of a failure by an ICA Group Company to pay on the due date an amount pursuant to a Senior Finance Secured Document);
(ii) no Super Senior Debt or Senior Debt have has been accelerated;
(iii) any instructions or Enforcement Instructions received by it from a Representative or an Agent are duly given in accordance with the terms of the Senior Finance Secured Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked;
(iv) any right, power, authority or discretion vested in any Party or any group of creditors or Secured Parties has not been exercised; and
(v) any notice or request made by the Issuer is made on behalf of and with the consent and knowledge of all the ICA Group Companies.
(c) The Representatives and the Agents may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
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