Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises: (i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and (ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 5 contracts
Sources: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Buhrmann Nv)
Obligors’ Agent. (a) Each Obligor (other than the Parent) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent to act on its behalf as its agent the Obligors’ Agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Obligors’ Agent on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document Accession Letter, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfObligors’ Agent, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 5 contracts
Sources: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Obligors’ Agent. (a) Each The Parent and each Obligor (other than the ParentCompany and the US Borrower) irrevocably authorises the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect the Parent or such Obligor, without further reference to or the consent of the Parent or such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on the Parent or such Obligor pursuant to the Finance Documents to the Parent Company on its behalf, and in each such case the Parent or such Obligor will be bound thereby as though the Parent or such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to the Parent or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on the Parent and all other Obligors (other than the US Borrower) as if the Parent or the other Obligors (other than the US Borrower) had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and the Parent or any other ObligorObligor (other than the US Borrower), those of the Obligors’ Agent shall prevail.
Appears in 4 contracts
Sources: Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Obligors’ Agent. (a) Each The Parent and each Obligor (other than the ParentCompany) irrevocably authorises the Parent Company to act on its behalf as its agent in relation to the Relevant Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions instructions, (including, in the case of a Borrower, Utilisation Requests) to execute on its behalf any Relevant Finance Document and to enter into any agreement in connection with the Relevant Finance Documents notwithstanding that the same may affect the Parent or such Obligor, without further reference to or the consent of the Parent or such Obligor; and
(ii) each Relevant Finance Party to give any notice, demand or other communication to be given to or served on the Parent or such Obligor pursuant to the Relevant Finance Documents to the Parent Company on its behalf, and in each such case the Parent or such Obligor will be bound thereby as though the Parent or such Obligor itself had supplied such information, given such notice and instructions, executed such Relevant Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Relevant Finance Party may rely on any action purported to be taken by the Company on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Relevant Finance Document, or in connection with this Agreement (whether or not known to the Parent or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on the Parent and all other Obligors as if the Parent or the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and the Parent or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 4 contracts
Sources: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Deed irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document Accession Deed to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent agent or given to the Obligors’ agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent agent and any other Obligor, those of the Obligors’ Agent agent shall prevail.
Appears in 4 contracts
Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Obligors’ Agent. (a) Each Obligor (other than the ParentEDC YG) by its execution of this Agreement or an Accession Letter irrevocably authorises the Parent appoints EDC YG to act on its behalf as its agent in relation to the Finance Transaction Documents and irrevocably authorises:
(i) the Parent EDC YG on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfEDC YG, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 3 contracts
Sources: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) by its execution of this Agreement or an Accession Deed irrevocably authorises appoints the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document Accession Deed, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfBorrower, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Borrower or given to the Borrower under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent Borrower and any other Obligor, those of the Obligors’ Agent Borrower shall prevail.
Appears in 3 contracts
Sources: Supplemental Agreement (Iridium Communications Inc.), Loan Agreement (Iridium Communications Inc.), Facility Agreement (Iridium Communications Inc.)
Obligors’ Agent. (a) Each Obligor (other than the ParentTCN) irrevocably authorises the Parent TCN to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent TCN on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent TCN on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 2 contracts
Sources: Second Lien Facility Agreement (Telewest Global Inc), Senior Facilities Agreement (Telewest Global Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document Accession Letter, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 2 contracts
Sources: Facility Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD)
Obligors’ Agent. (a) Each Obligor (other than the ParentHWDC) by its execution of this Agreement irrevocably authorises the Parent appoints HWDC to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent HWDC on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfHWDC, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, undertaking settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent HWDC or given to HWDC under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices notices, or other communications of the Obligors’ Agent HWDC and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 2 contracts
Sources: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) irrevocably authorises the Parent Company to act on its behalf as its agent (the “Obligors’ Agent”) in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itselfsuch Obligor, its business and financial condition and otherwise any other information relating to such Obligor to the relevant persons contemplated under this Agreement and Agreement, to give all notices and instructions under, and to execute on its behalf behalf, any Finance Document and to enter into any agreement in connection with the Finance Documents (notwithstanding that the same may affect such Obligor), without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Company on its behalf, and and, in each such case case, such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and or agreement or received any such notice, demand or other communication. The Obligors’ Agent shall be released from the restrictions set out in Section 181 of the German Civil Code (Bürgerliches Gesetzbuch) or restrictions having a similar effect under any other applicable law.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, Document or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ ' Agent or given to the Obligors' Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
(c) Each Obligor (other than the Company) hereby relieves the Company from the restrictions of self- dealing and representation of more than one party with respect to one and the same transaction under any applicable laws (including, but not limited to, any restrictions pursuant to Section 181 of the German Civil Code (Bürgerliches Gesetzbuch)) regarding the powers and authorities conferred upon the Company under this Clause 2.4.
Appears in 1 contract
Sources: Bridge Facility Agreement
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) irrevocably authorises the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Borrower on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Finance Party may rely on any action purported to be taken by the Borrower on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under this AgreementParty), shall be binding for all purposes on all other Obligors as if the other Obligors Obligor had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: High Yield Bridge Facilities Agreement (Liberty Global PLC)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.. (Signature page to the Amendment and Restatement Agreement)
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (IHS Holding LTD)
Obligors’ Agent. (a) 2.3.1 Each Obligor (other than the ParentCompany, Costa Crociere S.p.A., Societa di Crociere ▇▇▇▇▇▇▇▇ S.r.l. and any other Obligor incorporated in Italy) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(ia) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests), to execute on its behalf any Finance Document Accession Letter, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(iib) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including without limitation, given such notice and instructionsany Utilisation Requests) or executed or made the agreements or effected the amendments, executed such Finance Document and agreement supplements or variations, or received any such the relevant notice, demand or other communication.
(b) 2.3.2 Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.”
Appears in 1 contract
Sources: Facilities Agreement
Obligors’ Agent. (a) Each Obligor (other than the ParentParent Guarantor) irrevocably authorises the Parent Guarantor to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Guarantor on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Guarantor on its behalf, and in each such case case, such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
authorises (i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions (including, in the case of a Borrower, Requests) to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
, and (ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and and, in each such case case, such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunications.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ ' Agent under any Finance Documentthis Agreement, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Sources: Credit Agreement (Getty Images Inc)
Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions instructions, (including, in the case of a Borrower, Utilisation Requests) to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Finance Party may rely on any action purported to be taken by the Parent on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including, in the case of a Borrower, Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including any Utilisation Requests) or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
(c) Solely for the purpose of Mexican law, the Mexican Guarantor shall grant to the Company, before a Mexican notary public, an irrevocable power of attorney for ownership acts (poder para actos de dominio), administrative acts (poder para actos de administración) and lawsuits and collections (poder para pleitos y cobranzas) governed by the laws of Mexico. Until such power of attorney has been granted, the provisions of this Clause 2.3(c) and Clause 36.2 (Service of Process) shall not apply to the Mexican Guarantor
Appears in 1 contract
Obligors’ Agent. (aa ) Each Obligor (other than the ParentCompany) and Topco, by its execution of this Agreement, irrevocably authorises (to the Parent extent permitted by law) appoints the Obligors’ Agent to act ▇▇▇▇▇▇ ▇▇ on its behalf as its agent in relation to the Interim Finance Documents and irrevocably (to the extent permitted by law) authorises:
(i) the Parent Obligors’ Agent on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by the Interim Finance Documents to the relevant persons contemplated under this Agreement Interim Finance Parties and to give and receive all notices notices, instructions and instructions to execute on its behalf any other communications under the Interim Finance Document Documents (including, where relevant, Drawdown Requests) and to enter into make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor or Topco (as applicable) notwithstanding that the same they may affect such Obligorthe Obligor or Topco (as applicable), without further reference to or the consent of that Obligor or Topco (as applicable) (including, by increasing the obligations of such ObligorObligor or Topco (as applicable) howsoever fundamentally, whether by increasing the lia bilities, guaranteed or otherwise); and
(ii) each Interim Finance Party to give any notice, demand or other communication to be given to that Obligor or served on such Obligor Topco (as applicable) pursuant to the Interim Finance Documents to the Parent on its behalfObligors’ Agent, and in each such case such the Obligor will and Topco (as applicable) shall be bound thereby as though such the Obligor and the Topco (as applicable) itself had supplied such informationgiven the notices and instructions (including any Drawdown Requests) or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made and each Interim Finance Party may rely on any action taken by the Obligors’ Agent under any Finance Document, on behalf of that Obligor or in connection with this Agreement Topco (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreementas applicable), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: Commitment Letter
Obligors’ Agent. (a) Each Cableco and each Obligor (other than the ParentBorrower) irrevocably authorises the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect Cableco or such Obligor, without further reference to or the consent of Cableco or such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on Cableco or such Obligor pursuant to the Finance Documents to the Parent Borrower on its behalf, and in each such case Cableco or such Obligor will be bound thereby as though Cableco or such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to Cableco or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on Cableco and all other Obligors as if Cableco or the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and Cableco or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor by its execution of this Agreement (other than the Parentincluding by way of execution of a Guarantor Accession Agreement) irrevocably authorises authorizes the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons Lenders as contemplated under this Agreement and to give all notices and instructions to be given by such Obligor under the Finance Documents (and the Finance Parties may rely on any Requests or other notices given by the Company on behalf of such Obligor), to execute on its behalf any Finance Document (including, without limitation, any waiver or amendment request) and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Company on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunications.
(biii) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent Company under any Finance Documentthis Agreement, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the samesame (and irrespective of whether the Company has complied with its obligations under paragraph (b) below). In the event of any conflict between any notices or other communications of the Obligors’ Agent Company and any other Obligor, those of the Obligors’ Agent Company shall prevail.
(b) Without prejudice to the foregoing, the Company shall at all times keep each Obligor informed of all such actions taken or notices or instructions given by the Company on behalf of such Obligor and to the extent practicable or desirable consult with and take instructions from such Obligor.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the Parent) irrevocably authorises the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
authorises (i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions (including, in the case of a Borrower, Requests and notices pursuant to Clause 11.1), to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
, and (ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunications.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ ' Agent under any Finance Documentthis Agreement, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), ) shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Sources: Credit Agreement (Getty Images Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) irrevocably authorises the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions under the Finance Documents and to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Borrower on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor and whether occurring before or after such Obligor became an Obligor under this Agreement), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: Credit Facility Agreement (Ship Finance International LTD)
Obligors’ Agent. (a) Each The Parent and each Obligor (other than the ParentCompany and the US Borrower) irrevocably authorises the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect the Parent or such Obligor, without further reference to or the consent of the Parent or such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on the Parent or such Obligor pursuant to the Finance Documents to the Parent Company on its behalf, and in each such case the Parent or such Obligor will be bound thereby as though the Parent or such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Obligors Agent under any Finance Document, or in connection with this Agreement (whether or not known to the Parent or any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on the Parent and all other Obligors (other than the US Borrower) as if the Parent or the other Obligors (other than the US Borrower) had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Obligors Agent and the Parent or any other ObligorObligor (other than the US Borrower), those of the Obligors’ Obligors Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the ParentBidco) irrevocably authorises the Parent Bidco to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Bidco on its behalf to supply all information concerning itself, its financial condition and otherwise to the relevant persons contemplated under this Agreement and to give all notices and instructions instructions, (including, in the case of a Borrower, Utilisation Requests) to execute on its behalf any Finance Document and to enter into any agreement in connection with the Finance Documents notwithstanding that the same may affect such Obligor, without further reference to or the consent of such Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such Obligor pursuant to the Finance Documents to the Parent Bidco on its behalf, and in each such case such Obligor will be bound thereby as though such Obligor itself had supplied such information, given such notice and instructions, executed such Finance Document and agreement or received any such notice, demand or other communicationcommunication and each Finance Party may rely on any action purported to be taken by Bidco on behalf of that Obligor.
(b) Every act, omission, agreement, undertaking, settlement, waiver, notice or other communication given or made by the Obligors’ Agent under any Finance Document, or in connection with this Agreement (whether or not known to any other Obligor Obligor, as the case may be, and whether occurring before or after such Obligor person became an Obligor under party to this Agreement), shall be binding for all purposes on all other Obligors as if the other Obligors had expressly made, given or concurred with the same. In the event of any conflict between any notices or other communications of the Obligors’ Agent and or any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: Acquisition Facilities Agreement (Liberty Global PLC)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Sources: Facility Agreement (IHS Holding LTD)
Obligors’ Agent. (a) Each Obligor (other than the ParentBorrower) irrevocably authorises that is a party to this Agreement appoints the Parent Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Borrower on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfBorrower, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ ' Agent or given to the Obligors' Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Sources: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of this Agreement irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including, in the case of the Borrower, Utilisation Requests), to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfParent, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the Parent) by its execution of this Agreement or an Accession Letter irrevocably authorises appoints the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Facility Agent and to give all notices and instructions instructions, to execute on its behalf any Finance Document make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such that Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfParent.
(b) In each case at clause 1.4(a), and in each such case such Obligor will shall be bound thereby as though such that Obligor itself had supplied such informationgiven the notices and instructions or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(bc) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ ' Agent or given to the Obligors' Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with it.
(d) The respective liabilities of each of the same. Obligors under the Finance Documents shall not be in any way affected by:
(i) any actual or purported irregularity in any act done, or failure to act, by the Obligors' Agent;
(ii) the Obligors' Agent acting (or purporting to act) in any respect outside any authority conferred upon it by any Obligor; or
(iii) any actual or purported failure by, or inability of, the Obligors' Agent to inform any Obligor of receipt by it of any notification under the Finance Documents.
(e) In the event of any conflict between any notices or other communications of the Obligors’ ' Agent and any other Obligor, those of the Obligors’ ' Agent shall prevail.
Appears in 1 contract
Obligors’ Agent. (a) Each Obligor (other than the Parent) by its execution of this Agreement or an Accession Deed irrevocably authorises appoints the Parent to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document Accession Deed to make such deeds and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfParent, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including, given such notice and instructionswithout limitation, any Utilisation Requests) or executed such Finance Document and agreement or made the agreements or effected the amendments, supplements or variations, or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent agent or given to the Obligors’ agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent agent and any other Obligor, those of the Obligors’ Agent agent shall prevail.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Sunrise Senior Living Inc)
Obligors’ Agent. (a) Each Obligor (other than the ParentCompany) by its execution of an Accession Letter irrevocably authorises appoints the Parent Company to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises:
(i) the Parent Company on its behalf to supply all information concerning itself, its financial condition and otherwise itself contemplated by this Agreement to the relevant persons contemplated under this Agreement Finance Parties and to give all notices and instructions (including Utilisation Requests), to execute on its behalf any Finance Document Accession Letter, to make such agreements and to enter into effect the relevant amendments, supplements and variations capable of being given, made or effected by any agreement in connection with the Finance Documents Obligor notwithstanding that the same they may affect such the Obligor, without further reference to or the consent of such that Obligor; and
(ii) each Finance Party to give any notice, demand or other communication to be given to or served on such that Obligor pursuant to the Finance Documents to the Parent on its behalfCompany, and in each such case such the Obligor will shall be bound thereby as though such the Obligor itself had supplied such informationgiven the notices and instructions (including any Utilisation Requests) or executed or made the agreements or effected the amendments, given such notice and instructionssupplements or variations, executed such Finance Document and agreement or received any such the relevant notice, demand or other communication.
(b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document, Document on behalf of another Obligor or in connection with this Agreement any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under this Agreement), any Finance Document) shall be binding for all purposes on all other Obligors that Obligor as if the other Obligors that Obligor had expressly made, given or concurred with the sameit. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.
Appears in 1 contract