Common use of Baseball Certain Funds Period Clause in Contracts

Baseball Certain Funds Period. Prior to the end of the Baseball Certain Funds Period, no Finance Party may: (a) have the right to prevent or limit the making of any drawdown under the A1 Facility and the B1 Facility, whether by cancellation, rescission or termination of the A1 Facility and the B1 Facility or otherwise (including by invoking any conditions precedent other than in accordance with Clause 3.2 (Baseball Conditions Precedent) or by invoking the provisions of Clause 15.1 (Market Disruption); (b) make or enforce any claims that it may have under the Finance Documents if the effect of such claim or enforcement would prevent or limit the making of any drawdown under the A1 Facility and the B1 Facility; (c) exercise any right of set-off, counterclaim or similar right or remedy if to do so would prevent or limit the making of any drawdown under the A1 Facility and the B1 Facility; or (d) cancel or declare the A1 Facility and/or the B1 Facility due and payable or payable on demand, unless either: (i) the conditions precedent to first Utilisation required by Clause 3.2 (Baseball Conditions Precedent) are not satisfied or waived or a Borrower fails to deliver a Utilisation Request in respect of such Utilisation; (ii) a Baseball Drawstop Default has occurred and is continuing; or (iii) it is unlawful for such Lender to make any A1 Facility Advance and B1 Facility Advance, provided that any matter contained in this Clause 3.6 shall be without prejudice to the Lenders’ rights or remedies in respect of any Event of Default which has occurred and which remains outstanding upon the expiry of the Baseball Certain Funds Period.

Baseball Certain Funds Period. Prior to the end of the Baseball Certain Funds Period, no Finance Party may: (a) have the right to prevent or limit the making of any drawdown under the A1 Facility and the B1 Facility, whether by cancellation, rescission or termination of the A1 Facility and the B1 Facility or otherwise (including by invoking any conditions precedent other than in accordance with Clause 3.2 (Baseball Conditions Precedent) or by invoking the provisions of Clause 15.1 (Market Disruption); (b) make or enforce any claims that it may have under the Finance Documents if the effect of such claim or enforcement would prevent or limit the making of any drawdown under the A1 Facility and the B1 Facility; (c) exercise any right of set-off, counterclaim or similar right or remedy if to do so would prevent or limit the making of any drawdown under the A1 Facility and the B1 Facility; or (d) cancel or declare the A1 Facility and/or the B1 Facility due and payable or payable on demand, unless either: (i) the conditions precedent to first Utilisation required by Clause 3.2 (Baseball Conditions Precedent) are not satisfied or waived or a Borrower fails to deliver a Utilisation Request in respect of such Utilisation; (ii) a Baseball Drawstop Default has occurred and is continuing; or (iii) it is unlawful for such Lender to make any A1 Facility Advance and B1 Facility Advance, provided that any matter contained in this Clause 3.6 shall be without prejudice to the Lenders’ Lenders rights or remedies in respect of any Event of Default which has occurred and which remains outstanding upon the expiry of the Baseball Certain Funds Period.