Term Facility Agreement means the term facility agreement comprising a US$560,725,192.45 term loan facility made between the Borrower, the other Obligors, the Term Finance Parties and others dated on or about the date hereof.
Any amount which would otherwise be or be required to be applied in prepayment of any sum outstanding under the Finance Documents pursuant to these Clauses shall only be so applied and shall only be required to be so applied (notwithstanding the relevant provisions of this Agreement) if and to the extent that such payment is not prohibited under the terms of the Intercreditor Agreement and is not otherwise required to be applied under the terms of the Term Facility Agreement.
DISCLOSURE The Security Agent may disclose to a prospective assignee or transferee or to any other person who may propose entering into contractual relations with the Security Agent in relation to the Term Facility Agreement such information about the Guarantor in relation to this Deed as the Security Agent may consider appropriate.
DIP Term Facility Claims are all Claims against the Debtors held by the DIP Term Facility Agent and the DIP Term Facility Lenders pursuant to the DIP Term Facility Agreement and the Final DIP Order, including, without limitation, all "Obligations" as defined in the DIP Term Facility Agreement.
On November 11, 2009, the Company entered into a Euro 300 million Term Facility Agreement, guaranteed by its subsidiaries US Holdings and Luxottica S.r.l., with Mediobanca--Banca di Credito Finanziario S.p.A., as agent, and Mediobanca--Banca di Credito Finanziario S.p.A., Deutsche Bank S.p.A., Calyon S.A. Milan Branch and Unicredit Corporate Banking S.p.A., as lenders.
In connection with the Term Facility Agreement ("the agreement"), the Company is required to enter into a hedging program for 105,000 Au oz from the Burnstone project for the first 4 years of production.