bahan tes
description
Transcript of bahan tes
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1) Notwithstanding any provision in the Existing Syndicated Facility
Agreement to the contrary, from the Financing Restructure Date each New
Lender is, and is deemed to be, a Lender under the Restated Syndicated
Facility Agreement enjoying all of the rights and assuming all of the
obligations of a Lender as provided in, and contemplated by, the Restated
Syndicated Facility Agreement, each New Lender having the Commitment
relating to it specified therein.
2) Each Obligor that has granted a Transaction Security acknowledges and
agrees that such Transaction Security secures all amounts outstanding
under the Restated Syndicated Facility Agreement, each of the other
Finance Documents and each NAB Transactional Facility Agreement on and
from the Financing Restructure Date, it being further acknowledged and
agreed by all parties that the Transaction Security which is expressly
referred to, and set out in, clause 25.3(b) and Part II of Schedule 12 of the
Restated Syndicated Facility Agreement is to be released as contemplated
by, but subject to the terms of, the Restated Syndicated Facility Agreement.
3) Without prejudice to each Borrower's and the Company's obligation under
paragraph (a) above, if one or more Loans are to be made available to a
Borrower: (i) on the same day that a maturing Loan for the same Facility is
due to be repaid by that Borrower;
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4) an Obligor requests an amendment, waiver, release or consent in respect
of any Finance Document; or
5) This guarantee, undertaking and indemnity is a continuing guarantee,
undertaking and indemnity and will extend to the ultimate balance of sums
payable by any Obligor under the Finance Documents, regardless of any
intermediate payment or discharge in whole or in part.