Know Your Customer Requirements. (a) Each Obligor shall promptly upon the request of the Agent or any Lender, and each Lender shall promptly upon the request of the Agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Agent (for itself or on behalf of any ▇▇▇▇▇▇) or any Lender (for itself or on behalf of any prospective New Lender) in order for the Agent, such Lender or any prospective New Lender to carry out and be satisfied with the results of all necessary “know your customer” or other checks in relation to the identity of any person that it is required to carry out in relation to the transactions contemplated in the Finance Documents. (b) The Company shall, by not less than 10 Business Days’ written notice to the Agent, notify the Agent (which shall promptly notify the Lenders) of its intention to request that one of its Subsidiaries becomes an Additional Obligor pursuant to Clause 28 (Changes to the Obligors). (c) Following the giving of any notice pursuant to paragraph (b) above, the Company shall promptly upon the request of the Agent or any Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Agent (for itself or on behalf of any Lender) or any Lender (for itself or on behalf of any prospective New Lender) in order for the Agent, such Lender or any prospective New Lender to carry out and be satisfied with the results of all necessary “know your customer” or other checks in relation to the identity of any person that it is required to carry out in relation to the accession of such Additional Obligor to this Agreement.
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Sources: Senior Facility Agreement (Inmarsat Holdings LTD), Senior Facility Agreement (Inmarsat Launch CO LTD)
Know Your Customer Requirements. (a) Each If:
(i) the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after the date of this Agreement;
(ii) any change in the status of an Obligor shall promptly upon after the request date of this Agreement;
(iii) a proposed assignment or transfer by a Lender of any of its rights and obligations under this Agreement to a party that is not a Lender prior to such assignment or transfer; or
(iv) the accession of an Additional Borrower, obliges the Facility Agent or any Lender (or, in the case of paragraph (iii) above, any prospective new Lender) to comply with “know your customer” procedures in circumstances where the necessary information is not already available to it, and each Lender Obligor shall promptly upon as soon as reasonably practicable after request by the request of the Facility Agent supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Facility Agent (for itself or on behalf of any ▇▇▇▇▇▇) or any Lender (for itself or or, in the case of the event described in paragraph (iii) above, on behalf of any prospective New new Lender)) in order for the Facility Agent, such Lender or or, in the case of the event described in paragraph (iii) above, any prospective New new Lender to carry out and be satisfied comply with the results of all necessary “know your customer” or other checks in relation to the identity of any person that it is required to carry out in relation requirements under all applicable laws and regulations pursuant to the transactions contemplated in the Finance Documents.
(b) The Company shall, by not less than 10 Business Days’ written notice to the Agent, notify the Agent (which shall promptly notify the Lenders) of its intention to request that one of its Subsidiaries becomes an Additional Obligor pursuant to Clause 28 (Changes to the Obligors).
(c) Following the giving of any notice pursuant to paragraph (b) above, the Company Each Lender shall promptly upon the request of the Facility Agent or any Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Facility Agent (for itself or on behalf of any Lender) or any Lender (for itself or on behalf of any prospective New Lenderitself) in order for the Agent, such Lender or any prospective New Lender Facility Agent to carry out and be satisfied it has complied with the results of all necessary “know your customer” requirements under all applicable laws and regulations pursuant to the transactions contemplated in the Finance Documents.
(c) Without prejudice to the provisions of Clauses 14 (Prepayment and Cancellation) and 20 (Increased Costs), an Obligor shall not be in breach of this Clause 26.7 if, having used all reasonable endeavours to obtain the same, it is not able to obtain any documentation or other checks in relation to the identity of any person that it is required to carry out in relation to the accession of such Additional Obligor evidence requested pursuant to this AgreementClause 26.7.
Appears in 2 contracts
Sources: Amendment Agreement (BHP Billiton PLC), Facility and Subscription Agreement (BHP Billiton PLC)
Know Your Customer Requirements. (a) Each Obligor The Borrower and the Sponsor shall promptly upon the request of the Agent Lender or any Lender, and each Lender shall promptly upon the request of the Agent Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Agent (for itself or on behalf of any ▇▇▇▇▇▇) or any Lender (for itself or on behalf of any prospective New Lender) or any Lender (for itself) in order for the Agent, such Lender or any prospective New such Lender to carry out and be satisfied with the results of all necessary “"know your customer” " or other checks in relation to the identity of any person Person that it is required to carry out in relation pursuant to the transactions contemplated in the Finance DocumentsDocuments including, without limitation, any "know your customer" or other checks required to be performed by the Borrower or the Sponsor in relation to any Mortgage, Underlying Borrower or Underlying Mortgagor.
(b) The Company Borrower and the Sponsor shall, by not less than 10 ten (10) Business Days’ ' written notice to the AgentLender, notify the Agent Lender (which shall promptly notify the Lenders) of its intention to request that one of its Subsidiaries a company becomes an Additional Obligor Borrower pursuant to Clause 28 29 (Changes to the ObligorsBorrowers).
(c) Following the giving of any notice pursuant to paragraph (b) above, the Company Borrower and the Sponsor shall promptly upon the request of the Agent Lender or any Lender supply, or procure the supply of, such documentation and other evidence as is reasonably requested by the Agent Lender (for itself or on behalf of any Lender) or any Lender (for itself or on behalf of any prospective New Lenderitself) in order for the Agent, such Lender or any prospective New such Lender to carry out and be satisfied with the results of all necessary “"know your customer” " or other checks in relation to the identity of any person that it is required to carry out in relation to the accession of such Additional Obligor company to this AgreementAgreement as an Additional Borrower.
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