Common use of Mandatory cancellation Clause in Contracts

Mandatory cancellation. The Company shall cancel Facility A and, following the cancellation in full of Facility A, Facility B in an amount equal to the Net Financing Proceeds and/or Net Disposal Proceeds received by any member of the Group from a Specified Disposal referred to paragraph (i) to (iv) of that definition, in each case no later than on the date of delivery of the first Utilisation Request to fund the acquisition of Target Shares pursuant to the Offer or the Scheme (which shall be delivered no earlier than 3 Business Days prior to the relevant Utilisation Date), promptly following receipt thereof, provided that prior to the end of the Certain Funds Period such cancellation notice shall only be effective if it is countersigned by the Financial Advisor and provided further that should the countersignature by the Financial Advisor not be obtained the prepayment requirement under Clause 12.3 (Net Disposal Proceeds and Net Financing Proceeds) shall apply provided that the payment obligation shall be deferred (gestundet) until the day which is ten Business Days after the last day of the Certain Funds Period. Any cancellation under this Clause 12.5 shall reduce the Commitments of the Lenders under the Facility or Facilities rateably.

Appears in 2 contracts

Sources: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)