Availability of the Loan. The Loan will be available by way of a single advance in cash which will be made by the Lender to the Borrower and the Borrower will draw down the Loan on 30 April 2008, or such later date as may otherwise be agreed by the parties to this Agreement, if:
(1) the Lender has not, prior to 30 April 2008, or such later date as may otherwise be agreed by the parties to this Agreement, notified the Borrower that it has not received the condition precedent documents as listed in the agreements entered into in connection with the agreed funding source in form and substance satisfactory to the Lender;
(2) the Lender has received funding of the Loan from the agreed funding source; and
(3) no event has occurred or circumstance arisen which would, whether or not with the giving of notice and/or the passage of time and/or the fulfilment of any other requirement, constitute an event described under Clause 15 (Events of Default) and the representations set out in Clause 11 (Representations and Warranties of the Borrower) are true and accurate in all material respects on and as of the proposed date for the making of such Loan.
Availability of the Loan. The obligation of the Lender to make available the Loan is conditional upon:
9.1.1 the Lender, or its authorised representative, having received, not later than two (2) Banking Days before the day on which the Drawdown Notice is given, the documents and evidence specified in Part 1 of schedule 2 in form and substance satisfactory to the Lender; and
9.1.2 the representations and warranties contained in clause 7 being then true and correct as if each was made with respect to the facts and circumstances existing at such time and the same being unaffected by the drawdown of the Loan; and
9.1.3 no Default having occurred and being continuing and there being no Default which would result from the lending of the Loan.
Availability of the Loan. The Loan proceeds will be advanced by the Lender to the Borrower in whole or in part from time to time as may reasonably be required by the Borrower for its legitimate business purposes, subject to execution and delivery of such of the Security Documents as the Lender may require, and subject to satisfaction of all conditions precedent set forth herein.
Availability of the Loan. 2.3.1 The Loan is not rotating.
2.3.2 The Loan can only be disbursed once.
2.3.3 The Closing Date must be no later than July 2, 2015 or such other date as the Lender and the Borrower agree in writing.
Availability of the Loan. The obligation of the Lender to make available the Loan is conditional upon:
9.1.1 the Lender, or its authorised representative, having received, not later than two (2) Banking Days before the day on which the Drawdown Notice is given, the documents and evidence specified in Part 1 of schedule 2 in form and substance satisfactory to the Lender;
9.1.2 the Lender, or its authorised representative, having received, on or prior to the Drawdown Date, the documents and evidence specified in Part 2 of schedule 2 in form and substance satisfactory to the Lender;
9.1.3 the representations and warranties contained in clause 7 being then true and correct as if each was made with respect to the facts and circumstances existing at such time and the same being unaffected by the drawdown of the Loan;
9.1.4 no Default having occurred and being continuing and there being no Default which would result from the lending of the Loan; and
9.1.5 nothing having occurred having a Material Adverse Effect in respect of any Borrower and/or the Shareholder and/or the Corporate Guarantor as at the relevant Drawdown Date.
Availability of the Loan. DRAWINGS ----------------------------------------------
3.1. The Credit Facility shall be made available by the Bank to the Borrower in one or several Drawings of at least one hundred thousand (100,000) Dollars and an integral multiple thereof (unless the relevant Drawing is requested for an amount equal to the undrawn amount of the Credit Facility) up to the amount of the Commitment. The Availability Period shall be between 26th December 1996 and 7th April, 1997 both dates inclusive.
3.2. Drawings shall be effected by transfer of immediately available funds in Dollars into the Account upon not less than three (3) Business Days advance written notice of Drawing, in the form attached as APPENDIX 4 hereto, indicating the Drawing Date, which shall be a Business Day occurring before the end of the Availability Period. The Bank shall automatically deduct from the first Drawing the arrangement fee described in Article 8.1. (b) below.
3.3. Availability of the Credit Facility and Drawings shall be subject to the absence of occurrence of any Event of Default and to the following conditions precedent having been fulfilled in form and content satisfactory to the Bank:
(a) the receipt by the Bank of copies of Rent Assignment Letters and original of the relevant Acknowledgement Letters in respect of Leases representing in value (calculated by capitalising future Rent payments) at least one hundred and thirty per cent. (130%) of the Commitment;
(b) the receipt by the Bank of satisfactory copies of each of the Tenants' Leases duly executed and stamped with the Borrower;
(c) the receipt by the Bank of a letter from Holme Robexxx & Xwen XXX, legal counsel to the Borrower substantially in the form attached hereto as Appendix 6;
(d) the receipt by the Bank of a copy of the Insurance Policies;
(e) the receipt by the Bank of satisfactory evidence of the assignment by the Borrower to the Bank of the benefit of the proceeds of the Insurance Policies; and
(f) the receipt by the Bank of a notarised copy of the by-laws, certificate of incorporation and evidence of accreditation of the Representation Office in Russian Federation of the Borrower;
(g) the receipt by the Bank of a duly signed letter of support from The Pioneer Group, Inc., in the form and content satisfactory to the Bank; and
(h) the receipt by the Bank of a certified copy of the minutes of the Board of Directors of the Borrower authorising the Borrower to enter into the Agreement.
3.4. During the Availability Period, ...
Availability of the Loan. The Loan will be available by way of a single advance in cash which will be made by the Lender to the Borrower and by way of a set-off of matured obligations owed by the Borrower to the Lender under the Existing Loan Agreement pursuant to the Deed of Set-Off, in the proportions set out in the Deed of Set-Off and the Borrower will draw down the Loan on 22 May 2006, or such later date as may otherwise be agreed by the parties to this Agreement, if:
(1) the Lender has not, prior to 22 May 2006, or such later date as may otherwise be agreed by the parties to this Agreement, notified the Borrower that it has not received the condition precedent documents as listed in the agreements entered into in connection with the agreed funding source in form and substance satisfactory to the Lender;
(2) the Lender has received funding of the Loan from the agreed funding source and the Exchange Offer has settled; and
(3) no event has occurred or circumstance arisen which would, whether or not with the giving of notice and/or the passage of time and/or the fulfilment of any other requirement, constitute an event described under Clause 15 (Events of Default) and the representations set out in Clause 11 (Representations and Warranties of the Borrower) are true and accurate in all material respects on and as of the proposed date for the making of such Loan.
Availability of the Loan. The Lender agrees to make the Loan available to the Borrower, on receiving a request from the Borrower, if:
(a) none of the events mentioned in clause 6 below has occurred or will occur as a result of the advancing of the Loan; and
(b) each of the representations and warranties in clause 4.1 below will be true and correct in all material respects on the date of the advance, failing which the Lender may discontinue the requested drawdown of the advance.
Availability of the Loan. 3.1 The Lender shall make the Loan available to the Borrower on the date of this Agreement by way of transfer in US dollars of immediately available funds to the Borrower’s bank account, the details of which are set forth in Schedule A hereto.
Availability of the Loan. The Lender will make the loan pursuant to this CCB available to the Borrower on the Borrowing Date, by crediting to the CCB Account the Principal, minus the amounts payable in respect of the IOF and, if applicable, the other Taxes due and payable on the loans disbursed pursuant to this CCB.
