Examples of PIK Finance Documents in a sentence
Where a sum is to be paid to the PIK Facility Agent under the PIK Finance Documents for another Party, the PIK Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
The PIK Facility Agent may with the consent of the Company (or in accordance with Clause 28 (Set-off)) apply any amount received by it for that the Company in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Company under the PIK Finance Documents or in or towards purchase of any amount of any currency to be so applied.
No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the PIK Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy.
Notwithstanding any other term of the PIK Finance Documents, the Company may at its sole discretion allocate or recharge fees, costs and expenses paid or payable under any PIK Finance Document to any member of the Group.
No fees, costs or expenses are payable by the Company or any other member of the Group under any of the PIK Finance Documents other than as specified in the PIK Facility Fee Letter.
If, at any time, any provision of the PIK Finance Documents is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
The undertakings in this Clause 20 remain in force from the date of this Agreement until the earlier of (i) the first date on which no amount is outstanding under the PIK Finance Documents and no Commitment is in force and (ii) the New PIK Facility Date.
The Commitments of any Lender which has been requested by the Company or the PIK Facility Agent to agree to a consent to a departure from, or waiver or amendment of, any provision of the PIK Finance Documents but has not accepted or rejected such request within 15 Business Days’ of receipt of that request shall be disregarded when calculating whether the level of consent required under this Agreement has been obtained.
The undertakings in this Clause 18 remain in force from the date of this Agreement until the earlier of (i) the first date on which no amount is outstanding under the PIK Finance Documents and no Commitment is in force and (ii) the New PIK Facility Date.
Neither the Company nor any other member of the Group may assign any of its rights or transfer any of its rights or obligations under the PIK Finance Documents.