Bonding Facility definition
Examples of Bonding Facility in a sentence
Bidco will pay or procure payment of fees to Deutsche Bank AG when it acts as Issuing Lender in relation to the issue of Letters of Credit or Lender Guarantees under the Bonding Facility in the amounts and at the times agreed in the separate fee letter with Deutsche Bank AG relating to the Bonding Facility.
In this Agreement, terms defined in the Counter Indemnity (including by incorporation) and the principles of interpretation set out in the Bonding Facility Letter shall, unless otherwise provided herein, apply to this Agreement.
Each Borrower for whose account a Letter of Credit or Lender Guarantee is issued shall pay to each Revolving Lender or Bonding Lender (as the case may be) a commission at a rate equal to the applicable Margin (as adjusted from time to time in accordance with Clause 6.5 (Margin Adjustment)) for the Revolving Facility or the Bonding Facility (as the case may be) on that Lender’s Contingent Liability from day to day in relation to that Letter of Credit or Lender Guarantee.
The provisions of paragraph 18 (Governing Law and Jurisdiction) of the Bonding Facility Letter shall apply mutatis mutandis as if set out here in full.
For the avoidance of doubt but without prejudice to any applicable insolvency laws, the Issuing Bank may not discharge sums payable by the Company under paragraph 6 of the Bonding Facility Letter by way of set off against any part of the Account Balance of any Account.
The Receivables Bonding Facility shall automatically terminate at the close of business on the day immediately preceding the Termination Date.
Upon the maturity of all Deposits pursuant to Clause 2.2.1 and provided that the Issuing Bank is not under any obligation or liability (whether actual or contingent) to issue Bonds to or on behalf of the Company or any Eligible Subsidiary pursuant to the Bonding Facility Letter, the Issuing Bank shall, on the Company's request, release the Company from its obligations under the Bonding Documents.
For greater certainty, the Principal hereby acknowledges that EDC shall be under no obligation at any time to permit any use to be made of the Receivables Bonding Facility or the General Support Facility, notwithstanding that the conditions precedent to the provision of any such Support shall all have been satisfied, it being further acknowledged and agreed by the Principal that the provision of such Facilities is at the total and unfettered discretion of EDC.
The Issuing Lender shall promptly advise the Facility Agent (in the case of a Letter of Credit or Lender Guarantee under the Revolving Facility) or the Bonding Agent (in the case of a Letter of Credit or Lender Guarantee under the Bonding Facility) in writing of any such deemed face amount.
The provisions of paragraph 16 (Governing Law and Jurisdiction) of the Bonding Facility Letter shall apply mutatis mutandis as if set out here in full.