Plc Amendment And Restatement Agreement

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(a) with immediate effect after the advance and cancellation of Facility B and the facility of revolving in its entirety, in accordance with the provisions of the existing facility agreement and this agreement (date of “amendment and restitutio in integrum”), the existing agreement is amended and amended so that it is read and interpreted for all objectives defined in Schedule 2 (amendment and revision agreement); and to avoid any doubt, this existing, amended and amended facility agreement replaces and replaces the existing facility agreement in its entirety (including amendments made under Term 2.2, and, to avoid doubts, the relevant incremental facility is created as a new facility B and a renewable mechanism under the revised and renewed existing facility agreement). if the primary purpose of such a down payment, repayment, refinancing, substitution, replacement, modification, exemption or other modification was to reduce the effective return of such a facility B loan. Any finding made by the company and the agent regarding whether a repricition event occurred is conclusive and binding for all lenders. No amendment or waiver of a mandate for an ancillary facility shall be subject to the approval of any financial party other than that of the associated auxiliary lender, unless that amendment or exemption relates to an issue that would require an amendment or modification of this agreement (including to avoid doubts under this clause 7). In this case, section 41 (amendments and waiver declarations) applies. (b) in the event of a proposed amendment or exemption for the proposed use of an additional facility for one of the financing conditions covered in point 4.2 (previous “Additional Conditions”), a lender or lender; whose commitments to additional facilities under this additional facility (or, if overall commitments for this additional facility have been reduced to zero, above 662/3% of these commitments, just before the reduction) have accumulated more than 662/3% of cumulative commitments. Additional obligations of the facility under this additional facility; “transfer agreement”: an agreement, essentially, in the form of Schedule 5 (form of the transfer agreement) or some other form agreed between the assignee concerned and the assignee, unless that other form contains the obligation in list 5 (form of the transfer agreement), it cannot be a creditor/creditor membership company within the meaning of the rate of definition; for the purposes of the Intercreditor agreement and, in any event, the debtor is bound as if the debtor himself provided the notifications and instructions (including, but not only for use requests) or whether the agreements were executed or concluded, or made changes, supplements or derogations, or received notification, claim or other notification.