Existing Ancillary Facility definition
Examples of Existing Ancillary Facility in a sentence
Notwithstanding any other provision of this Clause 7 (Ancillary Facilities) and without any requirement for compliance with any such other provision or for any further action by any party, immediately upon the occurrence of the Closing Date, each Existing Ancillary Facility shall be deemed to be an Ancillary Facility under this Agreement (and each borrower of an Existing Ancillary Facility that is so deemed shall be deemed a borrower of such Ancillary Facility).
For the avoidance of doubt, an Existing Ancillary Facility may be drawn in accordance with its terms prior to the Closing Date but shall not constitute an Ancillary Facility hereunder until the Closing Date.
Each Existing Ancillary Facility that is outstanding as of the Restatement Effective Date shall remain outstanding hereunder under the terms hereof.
No further notice, consent or document (including any notice contemplated by this Section) shall be required from any Party to ensure that on the Closing Date (a) each Original Ancillary Lender becomes an Ancillary Lender, (b) the Existing Ancillary Facility which satisfies the requirements of the immediately preceding sentence becomes an Ancillary Facility and (c) each Original Ancillary Lender receives the benefit of the Collateral comprised by the Collateral Documents.
Any increase in the Ancillary Commitment with respect to any Existing Ancillary Facility remaining outstanding as an Ancillary Facility hereunder after the Effective Funding Time shall be considered an amendment of such Ancillary Facility subject to the terms of paragraph (c) above.