Common use of Same Currency Clause in Contracts

Same Currency. If a Term A2 Advance is to be denominated in the same Optional Currency during two successive Interest Periods and there is any difference between the Existing Amount of such Term A2 Advance and its New Amount, then, on the last day of the first of those Interest Periods: (a) if the Existing Amount of such Term A2 Advance exceeds its New Amount, the Borrower shall pay to the Facility Agent for the account of the Banks an amount equal to the amount of such excess; or (b) subject to final paragraph of Clause 3.6.3 if the New Amount of such Term A2 Advance exceeds its Existing Amount: (i) each Bank shall pay to the Facility Agent for the account of the Borrower an amount equal to its portion of the amount of such excess; or (ii) if an Event of Default shall have occurred and an Instructing Group so determines, no such payments shall be made and a sum equal to the aggregate amount which would have been so payable shall be treated as having been prepaid by the Borrower under Clause 15.2 (PREPAYMENT OF THE TERM OUTSTANDINGS).

Appears in 1 contract

Sources: Fourth Amendment Agreement (Sanitec International Sa)

Same Currency. If Subject to Clause 4.3 (Amounts of Term Advances), if a Term A2 Advance is to be denominated in the same Optional Currency during two successive Interest Periods and there is any difference between the Existing Amount of such Term A2 Advance and its New Amount, then, on the last day of the first of those Interest Periods: (a) if the Existing Amount of such Term A2 Advance exceeds its New Amount, the relevant Borrower shall pay to the Facility Agent for the account of the Banks an amount equal to the amount of such excess; or (b) subject to final paragraph of Clause 3.6.3 if the New Amount of such Term A2 Advance exceeds its Existing Amount: (i) each Bank shall pay to the Facility Agent for the account of the relevant Borrower an amount equal to its portion of the amount of such excess; or (ii) if a Default or an Event of Default shall have occurred and the Agent or an Instructing Group so determines, no such payments shall be made and a sum equal to the aggregate amount which would have been so payable shall be treated as having been prepaid by the Borrower relevant Borrower, in respect of a Term Advance, under Clause 15.2 13.2 (PREPAYMENT OF THE TERM OUTSTANDINGSPrepayment of the Term Loan).

Appears in 1 contract

Sources: Loan Agreement (Cemex Sa De Cv)

Same Currency. If a Term A2 Advance is to be denominated in the same Optional Currency during two successive Interest Periods and there is any difference between the Existing Amount of such Term A2 Advance and its New Amount, then, on the last day of the first of those Interest Periods: (a) 4.5.1 if the Existing Amount of such Term A2 Advance exceeds its New Amount, the relevant Borrower shall pay to the Facility Agent for the account of the Banks an amount equal to the amount of such excess; or (b) subject to final paragraph of Clause 3.6.3 4.5.2 if the New Amount of such Term A2 Advance exceeds its Existing Amount: (ia) each Bank shall pay to the Facility Agent for the account of the relevant Borrower an amount equal to its portion of the amount of such excess; or (iib) if an Event of Default shall have occurred and the Facility Agent or an Instructing Group so determines, no such payments shall be made and a sum equal to the aggregate amount which would have been so payable shall be treated as having been prepaid by the relevant Borrower under Clause 15.2 15.1 (PREPAYMENT OF THE TERM OUTSTANDINGSPrepayment of the Term Outstandings).

Appears in 1 contract

Sources: Loan Agreement (Getronics N V)