Common use of Debt assumptions Clause in Contracts

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 a 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Documents, and, unless it has received actual notice of revocation, that those instructions or directions have not been revoked; (iv) any right, power, authority or discretion vested in any Party or any group of creditors or Secured Parties has not been exercised; and (v) any notice or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. The Security Agent may at any time engage and pay for the services of any lawyers to act as independent counsel to the Security Agent (and so separate from any lawyers instructed by any Senior Creditor) if the Security Agent in its reasonable opinion deems this to be desirable. (d) The Representatives and the Agents may disclose to any other Party any information it reasonably believes it has received as Agent. (e) The Representatives and the Agents are not obliged to monitor or enquire whether any Event of Default (or an event that may lead to an Event of Default) has occurred.

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 a 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. The Security Agent may , at any time engage and pay for the services cost of any lawyers to act as independent counsel to the Security Agent (and so separate from any lawyers instructed by any Senior Creditor) if the Security Agent in its reasonable opinion deems this to be desirableIssuer. (d) The Representatives and the Agents may disclose to any other Party any information it reasonably believes it has received as Agent. (e) The Representatives and the Agents are not obliged to monitor or enquire whether any Event of Default (or an event that may lead to an Event of Default) has occurred.