Common use of Certain Funds Clause in Contracts

Certain Funds. 5.1 The Commitments in respect of the Facility are made on a certain funds basis, as set out in the Term Sheet, during the Certain Funds Period. Accordingly, and notwithstanding anything to the contrary herein or in any Underwriting Document, during the Certain Funds Period, the only conditions to utilisation of the Commitments of the Underwriters in respect of the Facility are as expressly set out in paragraph 4 (Underwriting Conditions) of this Commitment Letter and Schedule 3 (Conditions Precedent) to the Term Sheet.

Appears in 3 contracts

Samples: www.sec.gov, Strictly Private and Confidential (WuXi PharmaTech (Cayman) Inc.), Strictly Private and Confidential (WuXi PharmaTech (Cayman) Inc.)

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Certain Funds. 5.1 The Commitments in respect of the Facility are made on a certain funds basis, as set out in the Term Sheet, during the Certain Funds Period. Accordingly, and notwithstanding anything to the contrary herein or in any Underwriting Document, during the Certain Funds Period, the only conditions precedent to utilisation of the Commitments of the Underwriters in respect availability and initial funding of the Facility are as expressly set out in paragraph 4 (Underwriting Conditions) of this Commitment Letter Letter, the Certain Funds Conditions and Schedule 3 1 (Conditions Precedent) to the Term Sheet.

Appears in 1 contract

Samples: Strictly Private and Confidential (Zhou Xin)

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Certain Funds. 5.1 The Commitments in respect of the Facility are made on a certain funds basis, as set out in the Term SheetUnderwriting Documents, during the Certain Funds Period. Accordingly, and notwithstanding anything to the contrary herein or in any Underwriting Document, during the Certain Funds Period, the only conditions to utilisation of the Commitments of the Underwriters in respect of the Facility are as expressly set out in paragraph 4 (Underwriting Conditions) of this Commitment Letter and Schedule 3 (Conditions Precedent) to Letter. None of the Term SheetUnderwriting Documents, the Facility Agreement or the other Finance Documents shall contain any material adverse effect conditionality in respect of the Commitments.

Appears in 1 contract

Samples: Strictly Private and Confidential (Zhou Hongyi)

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