BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 3 are for the sole benefit of each Agent and each Lender and may be waived by the Administrative Agent, in whole or in part, without prejudice to any Agent or any Lender. No document shall be deemed delivered to the Administrative Agent, the Collateral Agent, or any Lender until received and accepted by the Administrative Agent at its offices in Boston, Massachusetts. Under no circumstances shall this Agreement take effect until executed and accepted by the Administrative Agent at said offices.
BENEFIT OF CONDITIONS PRECEDENT. A condition in this clause 2 is for the benefit only of the Finance Parties and only the Agent acting on the instructions of the Financier may waive it.
BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 3 are for the sole benefit of the Agent and each Revolving Credit Lender and may be waived by the Administrative Agent in whole or in part without prejudice to the Agent or any Revolving Credit Lender. No document shall be deemed delivered to the Agents or any Revolving Credit Lender until received and accepted by the Administrative Agent at its offices in Cleveland, Ohio. Under no circumstances shall this Agreement take effect until executed and accepted by the Agents.
BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 3 are for the sole benefit of the Agent and the Revolving Credit Lenders and may be waived by the Agent in whole or in part without prejudice to the Agent or any Revolving Credit Lender. No document shall be deemed delivered to the Agent or any Revolving Credit Lender until received and accepted by the Agent or its counsel at its offices in Boston, Massachusetts. Under no circumstances shall this Agreement take effect until executed and accepted by the Agent at said offices.
BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 3 are for the sole benefit of the Lender and may be waived by the Lender in whole or in part without prejudice to the Lender. No document shall be deemed delivered to the Lender until received and accepted by the Lender at its offices in Boston, Massachusetts. Under no circumstances shall this Agreement take effect until executed and accepted by the Lender at said offices.
BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 4 are for the sole benefit of the Agent, each Revolving Credit Lender and each Term Loan Lender and may be waived by the Agent (in consultation with the Lenders), in whole or in part without prejudice to the Agent, any Revolving Credit Lender or any Term Loan Lender. No document shall be deemed delivered to the Agent, any Revolving Credit Lender or any Term Loan Lender until received and accepted by the Agent at its offices in Boston, Massachusetts. The execution and delivery of this Agreement or any other Loan Document shall not be deemed a waiver of any of the conditions set forth in this Article 4. Under no circumstances shall this Agreement take effect until executed and accepted by the Agent at said offices. For purposes of determining compliance with the conditions specified in this Article 4, each Revolving Credit Lender and Term Loan Lender that has signed this Agreement shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to a Revolving Credit Lender or Term Loan Lender unless the Agent shall have received notice from such Revolving Credit Lender or Term Loan Lender prior to the proposed Restatement Effective Date specifying its objections thereto.
BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 4: are for the sole benefit of the Agent and each Revolving Credit Lender and may be waived by the Agent in whole or in part without prejudice to the Agent or any Revolving Credit Lender. No document shall be deemed delivered to the Agent or any Revolving Credit Lender until received and accepted by the Agent at its offices in Boston, Massachusetts. The execution and delivery of this Agreement or any other Loan Document shall not be deemed a waiver of any of the conditions set forth in this Article. Under no circumstances shall this Agreement take effect until executed and accepted by the Agent at said offices.
BENEFIT OF CONDITIONS PRECEDENT. The conditions set forth in this Article 4 are for the sole benefit of each Agent and each Lender and may be waived by the Administrative Agent and the Tranche B Lender, in whole or in part, without prejudice to any Agent or any Lender. No document shall be deemed delivered to the Administrative Agent, the Collateral Agent, the Tranche B Lender or any Revolving Credit Lender until received and accepted by the Administrative Agent at its offices in Boston, Massachusetts. Under no circumstances shall this Agreement take effect until executed and accepted by the Administrative Agent at said offices.
BENEFIT OF CONDITIONS PRECEDENT. A condition in this clause 2 is for the benefit only of the Lender and only the Lender may waive it. The parties agree that on and from Financial Close:
(a) each Drawing (as defined in the Existing Multi-Option Facility Agreement) which is outstanding under the Existing Multi-Option Facility Agreement immediately prior to Financial Close:
(1) under the ‘AUD Overdraft Facility’ (as described in the appendix headed ‘AUD Overdraft Facility Appendix’ in the Existing Multi-Option Facility Agreement) is deemed to be a Funding Portion under the Overdraft Facility; and
(2) under the ‘Foreign Currency Facility’ (as described in the appendix headed ‘Foreign Currency Facility Appendix’ in the Existing Multi-Option Facility Agreement) is deemed to be a Funding Portion under the Cash Advance Facility, in the same currency and for the same principal amount as the relevant Drawing and, where applicable, with a Funding Period equivalent to the Interest Period (as defined in the Existing Multi-Option Facility Agreement) for the Drawing. Where the relevant Drawing was denominated in a Foreign Currency, the Dollar Equivalent of the Funding Portion shall be deemed to be equal to the AUD Equivalent (as defined in the Existing Multi-Option Facility Agreement) of the principal amount of the Drawing immediately prior to Financial Close;
(b) each outstanding standby letter of credit or bank guarantee issued on behalf of a Xxxx Group company under the Existing Multi-Option Facility Agreement prior to Financial Close is deemed to be a Funding Portion provided under the Credit Support Facility;
(c) each outstanding documentary letter of credit issued on behalf of a Xxxx Group company under the Existing Multi-Option Facility Agreement prior to Financial Close is deemed to be a Funding Portion provided under the Trade Finance Facility;
(d) without limiting clauses 3(b) and 3(c), each Drawing (as defined in the Existing Multi-Option Facility Agreement) described in columns 1 to 3 of Schedule 7 which is outstanding under the Existing Multi-Option Facility Agreement immediately prior to Financial Close is deemed to be a Funding Portion under the relevant Facility specified in column 4 of Schedule 7 for that Drawing in the same currency, with a Face Value Amount equal to the principal amount specified in Schedule 7 and, where the Drawing was denominated in a Foreign Currency, the Dollar Equivalent of the Face Value Amount shall be deemed to be equal to the AUD Equivalent (as defined in the...
BENEFIT OF CONDITIONS PRECEDENT. The conditions precedent set out in Section 3.1 are for the sole benefit of Carrier and may only be waived in writing by Xxxxxxx.
