02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify: (i) the amount of the Tranche; (ii) the Scheduled Disbursement Date; (iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01; (iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche; (v) the terms for repayment of principal for the Tranche; (vi) the first and last dates for repayment of principal for the Tranche; (vii) the applicable Payment Dates for the Tranche; and (viii) for a Fixed Rate Tranche the Fixed Rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Maturity Date. (b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have not revoked in writing the Disbursement Request within such period, such Borrower will be deemed to have accepted all elements specified in the Disbursement Notice. (c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 2 contracts
Samples: Amendment Agreement (LivaNova PLC), Finance Contract (LivaNova PLC)
02C Disbursement Notice. (a) Not less than Between 10 (ten) and 15 days before the proposed Scheduled Disbursement Date date of disbursement of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.021.02B, deliver to the relevant Borrower a notice (hereafter a ‘‘Disbursement Notice Notice’’), which shall specify:
(i) the amount and currency of the Tranchedisbursement;
(ii) the Scheduled Disbursement Dateinterest rate basis;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01applicable Payment Dates;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for and the Trancheperiodicity of the payment of interest;
(v) the date on which the Tranche is scheduled to be disbursed (hereinafter referred to as the ‘‘Scheduled Disbursement Date’’), disbursement being in any case subject to the conditions of Article 1.04;
(vi) in the first and last dates for repayment case of principal for an FSFR Tranche, the TrancheInterest Conversion Date, if any;
(vii) in the applicable Payment Dates for case of a Revisable-Rate Tranche, the Tranchefirst Revision Date; and
(viii) for a Fixed Fixed-Rate Tranche Tranche, the Fixed fixed interest rate, for a Revisable-Rate Tranche, the interest rate for the first Reference Period and for a Floating Rate Tranche an FSFR Tranche, the Spread applicable to the Tranche until the Maturity Date.
(b) Spread. If one or more of the elements specified in the Disbursement Notice does not reflect conform to the corresponding element, if any, in the Disbursement Request, the relevant Borrower may within three Luxembourg Business Days following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If For the relevant Borrower have not revoked purposes of this Contract generally ‘‘Luxembourg Business Day’’ means a day on which commercial banks are open for business in writing the Disbursement Request within such period, such Borrower will be deemed to have accepted all elements specified in the Disbursement NoticeLuxembourg.
(c) If the relevant Borrower has presented to the Bank a 1. 02D Disbursement Request in which such Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.account
Appears in 1 contract
Samples: Finance Contract
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the currency and amount of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche;
(viii) the Interest Revision/Conversion Date, if requested by the Borrower, for the Tranche; and
(viiiix) for a Fixed Rate Tranche the Fixed Rate fixed interest rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Interest Revision/Conversion Date, if any or until the Maturity Date.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have has not revoked in writing the Disbursement Request within such period, such the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such the Borrower has not specified the fixed interest rate or spread as set out elements referred to in Article 1.02B(b), such the Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread corresponding element as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract (Pacificorp /Or/)
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the currency, and amount of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates date for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche; and
(viii) for a Fixed Rate Tranche the Fixed Floating Rate and for a Floating the Deferred Interest Rate Tranche the Spread applicable to the Tranche until the Maturity DateDate of the Tranche.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have has not revoked in writing the Disbursement Request within such period, such the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If 1. 02D Disbursement Account Disbursement shall be made to such account of the relevant Borrower has presented as the Borrower shall notify in writing to the Bank a not later than 15 (fifteen) days before the Scheduled Disbursement Request Date (with IBAN code or with the appropriate format in which such Borrower has not line with local banking practice). Only one account may be specified the fixed interest rate or spread as set out in Article 1.02B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Noticefor each Tranche.
Appears in 1 contract
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the currency and amount of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche;
(viii) the Interest Revision/Conversion Date, if requested by the Borrower, for the Tranche; and
(viiiix) for a Fixed Rate Tranche the Fixed Rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Interest Revision/Conversion Date, if any or until the Maturity Date.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have has not revoked in writing the Disbursement Request within such period, such the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such the Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such the Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower and the State Planning Commission a Disbursement Notice which shall specify:
(i) the currency and amount of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates for repayment of principal for the Tranche;
(vii) the applicable Payment Dates Interest Revision/Conversion Date, if any, for the Tranche; and
(viii) for a Fixed Rate Tranche the Fixed Rate fixed interest rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Maturity DateSpread.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have has not revoked in writing the Disbursement Request within such period, such the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such the Borrower has not specified the fixed interest rate or spread as set out elements referred to in Article 1.02B(b), such the Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread corresponding element as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the currency, and amount of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.013.01 and/ or Article 3.06 (as applicable);
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates date for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche; and
(viii) for a Fixed Rate Tranche the Fixed Floating Rate and for a Floating the Deferred Interest Rate Tranche the Spread applicable to the Tranche until the Maturity DateDate of the Tranche.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have has not revoked in writing the Disbursement Request within such period, such the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract (Opgen Inc)
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the amount of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche; and
(viii) for a Fixed Rate Tranche the Fixed Rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Maturity Date.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have not revoked in writing the Disbursement Request within such period, such Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract (LivaNova PLC)
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the currency, amount and EUR equivalent of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche; and
(viii) for a Fixed Rate Tranche the Fixed Rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Maturity Date.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have has not revoked in writing the Disbursement Request within such period, such the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such the Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such the Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract (Agco Corp /De)
02C Disbursement Notice. (a) Not less than 10 (ten) days before the proposed Scheduled Disbursement Date of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.02, deliver to the relevant Borrower a Disbursement Notice which shall specify:
(i) the currency, the amount and EUR equivalent of the Tranche;
(ii) the Scheduled Disbursement Date;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for the Tranche;
(vi) the first and last dates for repayment of principal for the Tranche;
(vii) the applicable Payment Dates for the Tranche;
(viii) the Interest Revision/Conversion Date, if requested by any Borrower, for the Tranche; and
(viiiix) for a Fixed Rate Tranche the Fixed Rate and for a Floating Rate Tranche the Spread applicable to the Tranche until the Interest Revision/Conversion Date, if any or until Maturity Date.
(b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the relevant Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have not revoked in writing the Disbursement Request within such period, such Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b1.02.B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract (LivaNova PLC)
02C Disbursement Notice. (a) Not less than Between 10 (ten) and 15 days before the proposed Scheduled Disbursement Date date of disbursement of a Tranche the Bank shall, if the Disbursement Request conforms to this Article 1.021.02B, deliver to the relevant Borrower a notice (hereafter a “Disbursement Notice Notice”), which shall specify:
(i) the amount and currency of the Tranchedisbursement;
(ii) the Scheduled Disbursement Dateinterest rate basis;
(iii) the interest rate basis for the Tranche, being: (i) a Fixed Rate Tranche; or (ii) a Floating Rate Tranche all pursuant to the relevant provisions of Article 3.01applicable Payment Dates;
(iv) the first interest Payment Date and the periodicity for the payment of interest for the Tranche;
(v) the terms for repayment of principal for and the Trancheperiodicity of the payment of interest;
(v) the date on which the Tranche is scheduled to be disbursed (hereinafter referred to as the “Scheduled Disbursement Date”), disbursement being in any case subject to the conditions of Article 1.04;
(vi) in the first and last dates for repayment case of principal for an FSFR Tranche, the TrancheInterest Conversion Date, if any;
(vii) in the applicable Payment Dates for case of a Revisable-Rate Tranche, the Tranchefirst Revision Date; and
(viii) for a Fixed Fixed-Rate Tranche Tranche, the Fixed fixed interest rate, for a Revisable-Rate Tranche, the interest rate for the first Reference Period and for a Floating Rate Tranche an FSFR Tranche, the Spread applicable that applies up to the Tranche until Maturity Date (as defined in Article 4.01 B) or the Maturity Interest Conversion Date.
(b) , if any. If one or more of the elements specified in the Disbursement Notice does not reflect conform to the corresponding element, if any, in the Disbursement Request, the relevant Borrower may within three Luxembourg Business Days following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the relevant Borrower have not revoked in writing the Disbursement Request within such period, such Borrower will be deemed to have accepted all elements specified in the Disbursement Notice.
(c) If the relevant Borrower has presented to the Bank a Disbursement Request in which such Borrower has not specified the fixed interest rate or spread as set out in Article 1.02B(b), such Borrower will be deemed to have agreed in advance to the Fixed Rate or Spread as subsequently specified in the Disbursement Notice.
Appears in 1 contract
Samples: Finance Contract