Common use of Repayment of advance Clause in Contracts

Repayment of advance. If the Fiscal Agent should pay an amount (an “advance”) to the relevant Issuer or the Guarantor in the belief that a payment has been or will be received from a Dealer, and if such payment is not received by the Fiscal Agent on the date that the Fiscal Agent pays the relevant Issuer or the Guarantor, the relevant Issuer (or, in default, the Guarantor, where applicable) shall forthwith repay the advance (unless prior to such repayment the payment is received from the Dealer) and shall pay interest on such amount which shall accrue (as well after as before judgment) on the basis of a year of 365 days (366 days in the case of a leap year) in the case of an advance paid in sterling or 360 days in the case of an advance paid in any other currency and, in either case, the actual number of days elapsed from the date of payment of such advance until the earlier of (i) repayment of the advance or (ii) receipt by the Fiscal Agent of the payment from the Dealer, and at the rate determined by the Fiscal Agent to represent the cost to the Fiscal Agent of funding the advance or such part thereof as may from time to time be outstanding for the relevant period, as reasonably determined and certified by the Fiscal Agent and expressed as a rate per annum.

Appears in 9 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

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Repayment of advance. If the Fiscal Agent should pay an amount (an "advance") to the relevant Issuer or the Guarantor in the belief that a payment has been or will be received from a Dealer, and if such payment is not received by the Fiscal Agent on the date that the Fiscal Agent pays the relevant Issuer or the GuarantorIssuer, the relevant Issuer (or, in defaultif applicable, the Guarantor, where applicable) shall forthwith repay the advance (unless prior to such repayment the payment is received from the Dealer) and shall pay interest on such amount which shall accrue (as well after as before judgment) on the basis of a year of 365 days (366 days in the case of a leap year) in the case of an advance paid in sterling or 360 days in the case of an advance paid in any other currency and, in either case, the actual number of days elapsed from the date of payment of such advance until the earlier of (i) repayment of the advance or (ii) receipt by the Fiscal Agent of the payment from the Dealer, and at the rate determined per annum which is the aggregate of one per cent. per annum and the rate specified by the Fiscal Agent to represent as reflecting its cost of funds for the cost time being in relation to the Fiscal Agent unpaid amount provided that evidence of funding the advance or basis of such part thereof as may from time rate is given to time be outstanding for the relevant period, as reasonably determined and certified by the Fiscal Agent and expressed as a rate per annumIssuer.

Appears in 2 contracts

Samples: Agreement, Agreement

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Repayment of advance. If the Fiscal Agent should pay an amount (an "advance") to the relevant Issuer or the Guarantor in the belief that a payment has been or will be received from a Dealer, and if such payment is not received by the Fiscal Agent on the date that the Fiscal Agent pays the relevant Issuer or the GuarantorIssuer, the Fiscal Agent shall promptly inform the relevant Issuer (orDealer and request such Dealer to make good the payment, in defaultfailing which the Issuer, the Guarantorupon being requested to do so, where applicable) shall forthwith repay the advance (unless prior to such repayment the payment is received from the Dealer) and shall pay interest on such amount which shall accrue (as well after as before judgment) on the basis of a year of 365 days (366 days in the case of a leap year) in the case of an advance paid in sterling or 360 days in the case of an advance paid in any other currency and, in either case, the actual number of days elapsed from the date of payment of such advance until the earlier of (i) repayment of the advance or (ii) receipt by the Fiscal Agent of the payment from the Dealer, and at the rate determined by per annum which reflects the Fiscal Agent to represent the cost to the Fiscal Agent of funding the advance or such part thereof as may from time to time be outstanding for the relevant period, as reasonably determined and rate certified by the Fiscal Agent and expressed as a rate per annumreflecting its cost of funds for the time being in relation to the unpaid amount.

Appears in 2 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

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