JBIC Facility definition
Examples of JBIC Facility in a sentence
Subject to the fulfillment of the conditions referred to in Article XI and the other terms and conditions of this Agreement, JBIC shall disburse the JBIC Facility only in accordance with the Disbursement Procedures.
Upon the occurrence of a JBIC Event of Default pursuant to Section 10.01, JBIC or the JBIC Agent (acting on behalf of JBIC) may, by notice to the Borrower, take the following actions, so long as such actions are taken concurrently: (i) terminate its commitment to make available the JBIC Facility and (ii) declare the JBIC Loan then outstanding, together with accrued interest and any other charges thereon, to be immediately due and payable.
The JBIC Facility Agent acknowledges and agrees that, notwithstanding any provision to the contrary in any Senior Finance Document, in no event shall JBIC be obligated to pay any agency or other fee to the JBIC Facility Agent even if the Borrower fails to do so, and in no event shall JBIC have any payment obligations (including reimbursement obligations or indemnification obligations) to the JBIC Facility Agent.
The Borrower shall pay or shall cause to be paid and shall indemnify JBIC and the JBIC Facility Agent against all banking charges and fees (including remittance fees), if any, incurred in connection with the JBIC Facility or any Advance hereunder or the payment, repayment or prepayment of principal, interest, fees or any other amounts payable to JBIC and the JBIC Facility Agent under the Senior Finance Documents.
On and at any time after the occurrence of an Event of Default which is subsisting, JBIC may (acting in accordance with, and subject to the terms of, the Intercreditor Deed), by written notice to the Intercreditor Agent, instruct it to exercise one (1) or more of the remedies set out in Clause 21 (Events of Default) of the Common Terms Agreement in respect of the JBIC Facility.
For this purpose (and without limiting any similar provisions contained in any other Senior Finance Document) any amendment or waiver which is made in writing by the JBIC Facility Agent at the written direction of JBIC shall be binding on all JBIC Finance Parties.
An amendment or waiver which relates to the rights or obligations of the JBIC Facility Agent may not be effected without the consent of the JBIC Facility Agent.
The Borrower shall submit a Drawdown Notice to the Intercreditor Agent, JBIC and the JBIC Facility Agent at least ten (10) days on which banks are generally open for business in Tokyo, Japan prior to the Requested Drawdown Date.
At the direction of JBIC, the JBIC Facility Agent shall notify the Intercreditor Agent of the results of such determination.
JBIC irrevocably appoints the JBIC Facility Agent to act as its agent under and in connection with the Senior Finance Documents.