Common use of Completion of a Utilisation Request Clause in Contracts

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iii) the proposed Interest Period of the Loan complies with this Agreement; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,

Completion of a Utilisation Request. (a) Each Subject to Clause 5.8 (Affiliate of a Borrower) and paragraph (f) below, each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilisedrelevant Borrower and the type of L/G; (ii) it identifies the proposed Utilisation Date relevant Issuing Bank(s) and whether it is a Business Day within to be issued by one or several Issuing Banks (and in the Availability Period applicable to that Facilitylatter case in which portions); (iii) it identifies the proposed Interest Period of Utilisation Date which is a Business Day falling within the Loan complies with this AgreementAvailability Period; (iv) it identifies the amount and currency specified in a Utilisation Request must be in RMB or any other currency agreed by of the Partiesrequested L/G; (v) the amount of L/G is denominated in the Utilisation complies with Clause 5.3 (Utilization Amount)Base Currency or an Optional Currency; (vi) in respect of a Loan that is required to be disbursed by way the amount of the Consigned Disbursement, it specifies L/G requested is an amount whose Base Currency Amount is not more than the wiring Available Facility and transfer instructions with respect to the payee’s name, Available Commitment of the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentIssuing Bank(s); (vii) a form of the relevant requested L/G as outlined in Clause 3.1 (Purpose) is (x) attached, (y) agreed with the relevant Issuing Bank and (z) satisfies the L/G Approved Criteria; (viii) the obligor of the obligations secured by the L/G is the respective Borrower, the beneficiary of the L/G is identified and the underlying contract is specified; (ix) it specifies the expiry date specified in the relevant L/G or, as the case may be, the expiry date of the Commercial Lifetime of the relevant L/G; and (x) the delivery instructions for the L/G are specified. (b) The Issuing Bank shall in no event be held responsible for a non - or a delayed processing of any Utilisation Request (irrespective of whether made through the Electronic Platform or otherwise) unless such delayed processing is caused by gross negligence or wilful misconduct on the part of the Issuing Bank. As the Issuing Bank will not, in the event of a Facility A Loan Utilisation Request or other information submitted by telefax, letter or email, be in a position to verify whether any document received as a Utilisation Request has been duly authorised and sent by the relevant Borrower, the Company and each Borrower agrees that is the Issuing Bank shall be entitled to execute all Utilisation Requests hereunder received by telefax, letter or email or with respect to which further information was delivered by telefax, letter or email if on their face such telefaxes, letters or emails appear to be duly authorised and executed by persons acting on behalf of the Company and/or the relevant Borrower who have been identified as authorised signatories in accordance with the Electronic Platform Agreement or in the certificate referred to under number 1 (g) of Part 1 or number 7 of Part 2 (Conditions Precedent required to be disbursed delivered by way an Additional Obligor) of Schedule 2 (Conditions Precedent). The Issuing Banks shall not be held liable for the execution of any forged Utilisation Request received by telefax, letter or email except where the forgery is evident (offensichtlich) or the respective Issuing Bank acted with gross negligence or wilful misconduct. The Issuing Banks shall not be held responsible for any loss or damage caused by any documents being lost, duplicated, ended up in wrong hands or distorted when transmitted electronically or in any other form. In the event of any loss or damage arising to an Issuing Bank by reason of a technical malfunctioning or miscalculation or any technical error of the Consigned Disbursement according Electronic Platform and the Company has directly caused by gross negligence or wilful misconduct such malfunction, miscalculation or error, the Company shall indemnify that Issuing Bank in this respect. (c) Provided the requirements set out in Clause 4.1 (Initial conditions precedent) and Clause 4.2 (Further conditions precedent) are satisfied, each Existing L/G shall be treated as an L/G issued under this Agreement. (d) Only one L/G may be requested in each Utilisation Request. (e) The maximum aggregate Base Currency Amount of all outstanding standby, commercial or trade letters of credit shall at no time exceed EUR 50,000,000. (f) A Utilisation Request may only be revoked by the relevant Borrower by giving notice to the paragraph (a) of clause 5.5 (Advance of Loans)relevant Issuing Bank which has to be received by that Issuing Bank at a time that Issuing Bank will, with reasonable efforts, still be in a position to stop the Utilisation Request process that the relevant L/G is accompanied delivered to the relevant beneficiary or any other party as instructed by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,relevant Borrower.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised, and: (1) in the case of a requested Loan in respect of ECA Facility Tranche 1, is in the form set out in Schedule 4B (Utilisation Request (Payments to Equipment Vendor)), duly completed and executed by the Equipment Vendor and is accompanied by the following documents that in the reasonable opinion of the Off Shore Facility Agent are in accordance with the "Uniform Rules for Collection, 1995 Revision, ICC Publication no. 522" (i) an original invoice to the Borrower from the Equipment Vendor; and (ii) in respect of a Utilisation Request completed with reference to clause 1.10.2(b)(iii) of the Delivery Contract a copy of a certificate executed by the Borrower and referring to the final acceptance of the Initial Configuration; (2) in the case of a requested Loan in respect of ECA Facility Tranche 2 where such Loan shall be payable to the Equipment Vendor in reimbursement of amounts paid to the ECA in respect of the ECA Premium, is in the form set out in Schedule 4C (Utilisation Request (Payments to ECA)), duly completed and executed by the Equipment Vendor, together with an original invoice to the Equipment Vendor from the ECA that is due and payable pursuant to the ECA Cover Documents; and (3) in the case of a requested Loan in respect of the Commercial Facility or a request for a SIT Facility Loan or SIT Facility Guarantee or LC in the form set out in Schedule 4A (Utilisation Request (Borrower)) duly completed and executed by the Borrower; (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iii) the proposed Interest Period of the Loan complies with this Agreement; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Amount);Utilisation: (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii1) in the case of a Facility A Loan that is required to be disbursed by way Utilisation of the Consigned Disbursement according ECA Facility, is a minimum amount of Euro 500,000 (except in the case of a Utilisation in respect of the ECA Facility Tranche 2 or ECA Facility Tranche 3) or in respect of the last payment under the Delivery Contract such lesser amount payable thereunder and relates to Eligible Expenditures; (2) in the case of a Utilisation of the Commercial Facility, is a minimum amount of Euro 3,000,000 or, if less, the amount of Available Facility; and (3) in the case of a Utilisation of the SIT Facility, is a minimum amount of SIT 100,000,000 or, if less, the amount of Available Facility; (iv) in the case of a Loan, the proposed Interest Period complies with Clause 10 (Interest Periods). (b) Only one Loan or, as the case may be, SIT Facility Guarantee or LC may be requested in each Utilisation Request. (c) Each Utilisation Request shall be accompanied by the documentation and evidence as required by such Utilisation Request, in form and substance satisfactory to the paragraph Off Shore Facility Agent (aacting reasonably) and, in the case of clause 5.5 (Advance of Loans)a Utilisation Request for the SIT Facility, the Utilisation Request is accompanied by certified copies of the following documents On Shore Facility Agent (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1acting reasonably), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will shall not be regarded as having been duly completed unless: (i) it identifies sets out: (A) the Facility aggregate amount requested by the Borrower under all Tranches of its Term Loan in respect of that Utilisation Request; and (B) the individual amounts requested by the Borrower under each Tranche of its Term Loan in respect of that Utilisation Request, which amounts shall be calculated by such Borrower and be equal to be utilisedthe Tranche Proportion of each such Tranche; (ii) the proposed Utilisation Date specified in such Utilisation Request is a Business Day within the Availability Period applicable to that Facilityof the Relevant Term Loan; (iii) the proposed Interest Period currency and amount of the Loan complies proposed Utilisation comply with this AgreementClause 4.3; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties;proposed Interest Period complies with Clause 7.1; and (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”):Request: (A) except in respect of the Existing Inter-company Loan Agreement (Project SZ1),final Utilisation of a Term Loan, confirms that following the proposed Utilisation, sufficient Available Commitments shall remain available in order for each Borrower that has not made its Final Payment to make its Final Payment as required by the Shipbuilding Contract to which it is a party; and (B) repayment notice, pay-off statement, invoice or other proof confirms that the Proceeds of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency,proposed Utilisation shall be used for Permitted Uses only. (Cb) purchase contracts or ordersIn respect of each Term Loan, invoicesonly one Utilisation Request may be delivered each month; provided, bank account statements or other documentary proof evidencing however, that subject to Clause 4.2(d), a Borrower may deliver more than one Utilisation Request in any month, provided that the proceeds Proceeds of any such additional Utilisation shall be applied only to the payment of amounts due and payable under its Shipbuilding Contract. (c) Each Borrower has proposed a Utilisation Schedule for its Term Loan. Such Utilisation Schedule is indicative only. To the extent a Borrower reasonably anticipates any material deviation from the Existing Inter-company Loan (Project SZ1) have been schedule of dates and/or amounts in its Utilisation Schedule at any time, such Borrower shall update its Utilisation Schedule and provide such updated Utilisation Schedule to the Intercreditor Agent. If Proceeds of the Loans are to be applied towards payments contemplated in the Capital Expenditures Construction Budget of a Borrower, the Project SZ1,Utilisation Schedule for such Borrower (as updated from time to time in accordance with this Clause 4.2(c)) shall provide for the Utilisation in respect of such Proceeds to be made prior to the date such Proceeds are to be applied as contemplated by such Construction Budget. (d) Each Alternative Arrangement Borrower may request only one further Utilisation of its Term Loan following the date on which an Alternative Charter or Acceptable Charter, as the case may be, is signed by all parties thereto.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iii) the proposed Interest Period of the Loan complies with this Agreement; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Utilisation Amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A UtilizationUtilisation”): (A) the Existing Inter-company Loan Agreements (Project SH1); (B) Existing Bank Loan Agreement (Project SZ1SH1),; (BC) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Intercompany Loans (Project SH1) and the Existing Bank Loan (Project SZ1SH1) pay-off amount and currency,; (CD) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loans (Project SH1) and the Existing Bank Loan (Project SZ1SH1) have been applied towards the Capital Expenditures and/or working capital of the Project SZ1,SH1; and (E) any other underlying transaction documents reasonably requested by the Facility Agent; (viii) in the case of a Facility B Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (b) of Clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility B Utilisation”): (A) Existing Inter-company Loan Agreements (Project SH2); (B) Existing Bank Loan Agreement (Project SH2); (C) repayment notice, pay-off statement, invoice or other proof of the Existing Intercompany Loans (Project SH2) and the Existing Bank Loan (Project SH2) pay-off amount and currency; (D) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loans (Project SH2) and the Existing Bank Loan (Project SH2) have been applied towards the Capital Expenditures and/or working capital of the Project SH2; (E) purchase contracts or orders, invoices or other documents which would evidence that EDC YG is obliged to make the payment of the Capital Expenditures of the Project SH2; and (F) any other underlying transaction documents reasonably requested by the Facility Agent. (b) Only one Loan may be requested in each Utilisation Request.

Completion of a Utilisation Request. (a) 5.2.1 Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (iia) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that FacilityPeriod; (iii) the proposed Interest Period of the Loan complies with this Agreement; (ivb) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the and amount of the Utilisation complies comply with Clause 5.3 (Utilization AmountCurrency and amount); (vic) in respect of a Loan that is required to be disbursed by way the form of the Consigned Disbursement, it specifies the wiring Bond is attached and transfer instructions with respect is satisfactory to the payeerelevant Issuing Bank (having regard to that Issuing Bank’s nameformal internal policies at the relevant time, and to all relevant legal and regulatory restrictions) but, for the avoidance of doubt, the payee’s account information, Parties have agreed that there will be no requirement as to the payment amount Expiry Date of any Bond and currency, payment purpose and any other information reasonably requested by no limitation on the Facility Agentissue of undated Bonds; (viid) the delivery instructions for the Bond are specified; (e) the Bond is a Bond for the purpose of supporting (directly or indirectly) the obligations of an Indemnifying Company to a third party where such obligations are incurred in the case ordinary course of the Group’s trade or business, but not for the purpose of supporting any financing facility of a Facility A Loan that is required to be disbursed by way member of the Consigned Disbursement according Group other than any financing facilities which have been provided to members of the Group for the purpose of supporting directly obligations of members of the Group incurred in the ordinary course of the Group’s trade or business (other than where such business includes the raising or incurrence of financial indebtedness) through the issue of surety bonds, appeal bonds, bid bonds, performance bonds, advance payment bonds, letters of credit, bank guarantees or other obligations of a like nature issued for such purpose); and (f) the identity of the beneficiary of the Bond is satisfactory to the paragraph relevant Issuing Bank (a) having regard to the relevant Issuing Bank’s formal internal policies at the relevant time, and to all relevant legal and regulatory restrictions). 5.2.2 Only one Utilisation may be requested in each Utilisation Request. 5.2.3 If the relevant Issuing Bank does not agree or approve the form of clause 5.5 the Bond or the beneficiary of the Bond (Advance of Loansas the case may be), the Utilisation Request is accompanied by certified copies relevant Issuing Bank shall inform the Agent and the Agent will inform the Applicant of that fact not later than the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,Specified Time.

Completion of a Utilisation Request. (a) Each Subject to Clause 5.8 (Affiliate of a Borrower) and paragraph (f) below, each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilisedrelevant Borrower and the type of L/G (and for the purposes of COGS, standby letters of credit include commercial or trade letters of credit); (ii) it identifies the proposed Utilisation Date relevant Issuing Bank and whether it is a Business Day within to be issued by one or several Issuing Banks (and in the Availability Period applicable to that Facilitylatter case in which portions); (iii) it identifies the proposed Interest Period of Utilisation Date which is a Business Day falling within the Loan complies with this AgreementAvailability Period; (iv) it identifies the amount and currency specified in a Utilisation Request must be in RMB or any other currency agreed by of the Partiesrequested L/G; (v) the amount of L/G is denominated in the Utilisation complies with Clause 5.3 (Utilization Amount)Base Currency or an Optional Currency; (vi) in respect of a Loan that is required to be disbursed by way the amount of the Consigned Disbursement, it specifies L/G requested is an amount whose Base Currency Amount is not more than the wiring Available Facility and transfer instructions with respect to the payee’s name, Available Commitment of the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentIssuing Bank; (vii) a form of the relevant requested L/G as outlined in Clause 3.1 (Purpose) is (x) attached, (y) agreed with the relevant Issuing Bank and (z) satisfies the L/G Approved Criteria; (viii) the obligor of the obligations secured by the L/G is the respective Borrower, the beneficiary of the L/G is identified and the underlying contract is specified; (ix) it specifies the expiry date specified in the relevant L/G or, as the case may be, the expiry date of the Commercial Lifetime of the relevant L/G; and (x) the delivery instructions for the L/G are specified. (b) The Agent shall in no event be held responsible for a non - or a delayed processing of any Utilisation Request (irrespective of whether made through COGS or otherwise) unless such delayed processing is caused by gross negligence or wilful misconduct on the part of the Agent. As the Agent will not, in the event of a Facility A Loan Utilisation Request or other information submitted by telefax, letter or email, be in a position to verify whether any document received as a Utilisation Request has been duly authorised and sent by the relevant Borrower, the Company and each Borrower agrees that is the Agent shall be entitled to execute all Utilisation Requests hereunder received by telefax, letter or email or with respect to which further information was delivered by telefax, letter or email if on their face such telefaxes, letters or emails appear to be duly authorised and executed by persons acting on behalf of the Company and/or the relevant Borrower who have been identified as authorised signatories in accordance with the COGS Conditions or in the certificate referred to under paragraph (g) of Part 1 or number 7 of Part 2 (Conditions Precedent required to be disbursed delivered by way an Additional Obligor) of Schedule 2 (Conditions Precedent). Neither the Agent nor any of the Consigned Disbursement according to Issuing Banks shall be held liable for the paragraph execution of any forged Utilisation Request received by telefax, letter or email except where the forgery is evident (aoffensichtlich) or the Agent or the respective Issuing Bank acted with gross negligence or wilful misconduct. (c) Provided the requirements set out in Clause 4.1 (Initial conditions precedent) and Clause 4.2 (Further conditions precedent) are satisfied, each Existing L/G shall be treated as an L/G issued under this Agreement. (d) Only one L/G may be requested in each Utilisation Request. (e) The maximum aggregate Base Currency Amount of clause 5.5 all outstanding standby, commercial or trade letters of credit shall at no time exceed EUR 50,000,000. (Advance of Loans), f) A Utilisation Request may only be revoked by the relevant Borrower: (i) before the Agent has forwarded the Utilisation Request is accompanied to the relevant Issuing Bank by certified copies of giving notice to the following documents (the “Evidence of Facility A Utilization”):Agent; or (Aii) thereafter, by giving notice to the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment noticerelevant Issuing Bank which has to be received by that Issuing Bank at a time that Issuing Bank will, pay-off statementwith reasonable efforts, invoice still be in a position to stop the process that the relevant L/G is delivered to the relevant beneficiary or any other proof of party as instructed by the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts relevant Borrower. In such case that Issuing Bank shall promptly inform the Agent whether or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have not that L/G has been applied towards the Capital Expenditures of the Project SZ1,issued.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilisedrelevant Borrower and the type of L/G (and for the purposes of COGS, standby letters of credit include commercial or trade letters of credit); (ii) it identifies the proposed Utilisation Date relevant Issuing Bank and whether it is a Business Day within to be issued by one or several Issuing Banks (and in the Availability Period applicable to that Facilitylatter case in which portions); (iii) it identifies the proposed Interest Period of Utilisation Date which is a Business Day falling within the Loan complies with this AgreementAvailability Period; (iv) it identifies the amount and currency specified in a Utilisation Request must be in RMB or any other currency agreed by of the Partiesrequested L/G; (v) the amount of L/G is denominated in the Utilisation complies with Clause 5.3 (Utilization Amount)Base Currency or an Optional Currency; (vi) in respect of a Loan that is required to be disbursed by way the amount of the Consigned Disbursement, it specifies L/G requested is an amount whose Base Currency Amount is not more than the wiring Available Facility and transfer instructions with respect to the payee’s name, Available Commitment of the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentIssuing Bank; (vii) a form of the relevant requested L/G as outlined in Clause 3.1 (Purpose) is (x) attached, (y) agreed with the relevant Issuing Bank and (z) satisfies the L/G Approved Criteria; (viii) the obligor of the obligations secured by the L/G is the respective Borrower, the beneficiary of the L/G is identified and the underlying contract is specified; (ix) it specifies the expiry date specified in the relevant L/G or, as the case may be, the expiry date of the Commercial Lifetime of the relevant L/G; and (x) the delivery instructions for the L/G are specified. (b) The Agent shall in no event be held responsible for a non — or a delayed processing of any Utilisation Request (irrespective of whether made through COGS or otherwise) unless such delayed processing is caused by gross negligence or wilful misconduct on the part of the Agent. As the Agent will not, in the event of a Utilisation Request or other information submitted by telefax, letter or email, be in a position to verify whether any document received as a Utilisation Request has been duly authorised and sent by the relevant Borrower, the Company and each Borrower agrees that the Agent shall be entitled to execute all Utilisation Requests hereunder received by telefax, letter or email or with respect to which further information was delivered by telefax, letter or email if on their face such telefaxes, letters or emails appear to be duly authorised and executed by persons acting on behalf of the Company and/or the relevant Borrower who have been identified as authorised signatories in accordance with the COGS Conditions or in the certificate referred to under paragraph (g) of Part I or number 7 of Part II (Conditions Precedent required to be delivered by an Additional Obligor) of Schedule 2 (Conditions Precedent). Neither the Agent nor any of the Issuing Banks shall be held liable for the execution of any forged Utilisation Request received by telefax, letter or email except where the forgery is evident (offensichtlich) or the Agent or the respective Issuing Bank acted with gross negligence or wilful misconduct. (c) Provided the requirements in this Agreement are met with respect to any Existing L/G, a Borrower may request in a Utilisation Request that that Existing L/G issued by the relevant Issuing Bank be treated as an L/G issued under this Agreement. (d) Only one L/G may be requested in each Utilisation Request other than in the case of a Facility Utilisation Request relating to Existing L/Gs issued by the relevant Issuing Bank. (e) The maximum aggregate Base Currency Amount of all outstanding standby, commercial or trade letters of credit shall at no time exceed EUR 50,000,000 (or its equivalent in any other currency or currencies). (f) A Loan that is required to Utilisation Request may only be disbursed revoked by way of the Consigned Disbursement according to relevant Borrower: (i) before the paragraph (a) of clause 5.5 (Advance of Loans), Agent has forwarded the Utilisation Request is accompanied to the relevant Issuing Bank by certified copies of giving notice to the following documents (the “Evidence of Facility A Utilization”):Agent; or (Aii) thereafter, by giving notice to the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment noticerelevant Issuing Bank which has to be received by that Issuing Bank at a time that Issuing Bank will, pay-off statementwith reasonable efforts, invoice still be in a position to stop the process that the relevant L/G is delivered to the relevant beneficiary or any other proof of party as instructed by the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts relevant Borrower. In such case that Issuing Bank shall promptly inform the Agent whether or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have not that L/G has been applied towards the Capital Expenditures of the Project SZ1,issued.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies in the Facility to be utilised;case of a Loan: (iiA) the proposed Utilisation Date is a Business Banking Day within the Availability Period applicable to that FacilityPeriod; (iiiB) the currency and amount of the Utilisation comply with Clause 6.3 (Currency and amount); and (C) the proposed Interest Period of the Loan complies with this Agreement; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the amount of the Utilisation complies with Clause 5.3 11 (Utilization AmountInterest Periods);; and (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (viiii) in the case of a Facility A Loan Letter of Credit; (A) it specifies that it is required to be disbursed by way for a Letter of Credit; (B) the proposed Utilisation Date is a Banking Day within the Availability Period; (C) the currency and amount of the Consigned Disbursement according to the paragraph Letter of Credit comply with Clause 6.3 (aCurrency and amount); (D) an agreed form Letter of clause 5.5 Credit is attached; (Advance of Loans), E) the Utilisation Request is accompanied by certified copies a copy of the following documents (form of the “Evidence documentation or other instrument evidencing the obligation of Facility A Utilization”):the Borrower which will be the subject of the Letter of Credit and such documentation or other instrument is reasonably acceptable to the Agent; (AF) there is a maximum limit to the stated liability of the Lenders under the Letter of Credit and such Letter of Credit has a specified Expiry Date falling not later than the Termination Date; (G) the Existing Inter-company Loan Agreement (Project SZ1),Base Currency Amount of the Letter of Credit is a minimum of £2,500,000 or the balance of the unutilised LC Limit, or such other lesser amount as the Agent may agree; (BH) repayment notice, pay-off statement, invoice or other proof the identity of the Existing Inter-company Loan (Project SZ1) pay-off amount beneficiary of the Letter of Credit has been approved by the Agent, acting reasonably and currency,in accordance with the instructions of the Majority Lenders; (CI) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from delivery instructions for the Existing Inter-company Loan Letter of Credit are specified; and (Project SZ1J) have been applied towards the Capital Expenditures terms of the Project SZ1,Letter of Credit contain a clear procedure for the making of claims reasonably satisfactory to the Agent. (b) No more than one currency may be requested in any single Utilisation Request, and a Utilisation by way of Letter of Credit must be requested in a separate Utilisation Request. The Borrower may, subject to the other terms of this Agreement, deliver more than one Utilisation Request on any one day.

Completion of a Utilisation Request. (a) 6.2.1 Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (a) in the case of a Loan: (i) the proposed Utilisation Date is a Banking Day within the Availability Period; (ii) the currency and amount of the Utilisation comply with clause 6.3 (Currency and amount); and (iii) the proposed Interest Period complies with clause 11 (Interest Periods); and (b) in the case of a Letter of Credit; (i) it identifies the Facility to be utilisedspecifies that it is for a Letter of Credit; (ii) the proposed Utilisation Date is a Business Banking Day within the Availability Period applicable to that FacilityPeriod; (iii) the proposed Interest Period currency and amount of the Loan complies Letter of Credit comply with this Agreementclause 6.3 (Currency and amount); (iv) the currency specified in a Utilisation Request must be in RMB or any other currency an agreed by the Partiesform Letter of Credit is attached; (v) the amount Utilisation Request is accompanied by a copy of the Utilisation complies with Clause 5.3 (Utilization Amount)form of the documentation or other instrument evidencing the obligation of the relevant Borrower which will be the subject of the Letter of Credit and such documentation or other instrument is reasonably acceptable to the Agent; (vi) in respect of there is a Loan that is required maximum limit to be disbursed by way the stated liability of the Consigned Disbursement, it specifies Lenders under the wiring Letter of Credit and transfer instructions with respect to such Letter of Credit has a specified Expiry Date falling not later than the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentTermination Date; (vii) the Base Currency Amount of the Letter of Credit is a minimum of £2,500,000 or the balance of the unutilised LC Limit, or such other lesser amount as the Agent may agree; (viii) the identity of the beneficiary of the Letter of Credit has been approved by the Agent, acting reasonably and in accordance with the case instructions of the Majority Lenders; (ix) the delivery instructions for the Letter of Credit are specified; and (x) the terms of the Letter of Credit contain a Facility A Loan that is required clear procedure for the making of claims reasonably satisfactory to the Agent. 6.2.2 No more than one currency may be disbursed requested in any single Utilisation Request, and a Utilisation by way of the Consigned Disbursement according Letter of Credit must be requested in a separate Utilisation Request. The Borrowers may, subject to the paragraph (a) other terms of clause 5.5 (Advance of Loans)this Agreement, the deliver more than one Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,on any one day.

Completion of a Utilisation Request. (a) Each Utilisation Request for a Loan is irrevocable and will not be regarded as having been duly completed unlessunless it: (i) it identifies the each Facility to be utilised; (ii) specifies the purpose for which the Utilisation shall be applied; (iii) certifies: (1) that the Utilisation will be applied for the purpose specified and: (A) save in the case of the initial Utilisation under this Agreement, where to be applied for financing and refinancing of Project Costs, costs have been incurred or will be due and payable in next 30 days; and (B) any drawing from the Facility A Non-Gaming Tranche or the RCF Non-Gaming Tranche will be applied to financing or refinancing non-gaming Project Costs and, in any event, when added to all other amounts which are outstanding under the Facility A Non-Gaming Tranche or the RCF Non-Gaming Tranche will not exceed the aggregate of all non-gaming costs incurred; and (2) compliance with each of the requirements set out in Clause 4.2 (Further conditions precedent); (iv) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iiiv) no other Utilisation Request has been delivered during the same month; (vi) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (vii) the proposed Interest Period of the Loan complies with this Agreement; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the amount of the Utilisation complies with Clause 5.3 11 (Utilization AmountInterest Periods);; and (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (viiviii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans)Project Utilisation, the Utilisation Request is accompanied by originals or certified copies of all of the following documents or evidence listed in Part C of Schedule 2 (the “Evidence of Conditions Precedent). (b) Utilisations under Facility A Utilization”):and/or the Revolving Credit Facility may be requested in the same Utilisation Request. Otherwise, only one Utilisation may be requested in a Utilisation Request. (Ac) The Company shall ensure that save in the Existing Inter-company Loan case of the initial Utilisation under this Agreement (Project SZ1),where a Utilisation is requested under Facility A or the Revolving Credit Facility: (Bi) repayment noticein a Base Currency, pay-off statementa Utilisation, invoice or other proof as a proportion of the Existing Inter-company Loan (Project SZ1) pay-off Available Commitments under such Facility, in an Optional Currency equivalent amount and currency,pro rata with that requested has also been requested to be made on the same Utilisation Date under that Facility; and (Cii) purchase contracts or ordersin an Optional Currency, invoicesa Loan, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures as a proportion of the Project SZ1,Available Commitments under such Facility, in a Base Currency equivalent amount pro rata with that requested has also been requested to be made on the same Utilisation Date under that Facility.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable once delivered. The Borrower is obliged to utilise the proposed Loan pursuant to the terms and will conditions of this Agreement and pursuant to the dates, amounts and currency specified in the Utilisation Request upon delivery of such Utilisation Request. (b) Each Utilisation Request shall not be regarded as having been duly completed unlessunless each of the following requirements is satisfied: (i) it identifies each Utilisation Request is delivered at least five (5) Business Days prior to the proposed Utilisation Date (or other date otherwise agreed by the Facility to be utilisedAgent); (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that FacilityPeriod; (iii) the proposed Interest Period purpose of the Loan complies with this Agreementis specified; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the and amount of the Utilisation complies utilisation comply with Clause 5.3 (Utilization AmountCurrency and amount);. (vic) Only one proposed Loan may be requested in respect of a each Utilisation Request. During the Availability Period, the Borrower may utilise the Loan that is required by delivering separate Utilisation Requests but at any time no more than twenty-four (24) times. (d) The Borrower shall submit to be disbursed by way the Facility Agent, at the same time as it submits the Utilisation Request, the complete details of the Consigned Disbursementloan purpose of the proposed utilisation (including payee, it specifies account number for collection, amount and currency of payment, purpose of payment, contract and order numbers and invoices (if any), as well as any other supporting documents reasonably required by the wiring Lender) and transfer instructions the payment instruction for entrusted payment of relevant Loans. The Facility Agent shall provide each Lender with respect a copy of such detailed documents on receipt of them, while each Lender shall independently review documents and confirm to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably Facility Agent in a specified period requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,.

Completion of a Utilisation Request. (a) Each Utilisation Request for a Loan is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that FacilityPeriod; (ii) the currency and amount of such Loan (the subject of such Utilisation Request) comply with Clause 5.3 (Currency and amount); (iii) the proposed first Interest Period of the Loan complies with this AgreementClause 10 (Interest Periods); (iv) the currency specified in it specifies whether such Loan is a Utilisation Request must be in RMB or any other currency agreed by the PartiesCertain Funds Advance, whether such Loan is a Compulsory Acquisition Advance and whether such Loan is a Reimbursement Advance; (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way in US dollars, it specifies a prevailing rate of exchange for conversion of the Consigned Disbursement according proceeds of such Loan into HK dollars (the “Conversion Rate”); and (vi) in the case of a Certain Funds Advance: (A) such Utilisation Request specifies that the proceeds of such Loan shall be paid into the Debt Service Reserve Account until the aggregate balance standing to the paragraph credit thereof is equal to the Required DSRA Balance and that the remaining proceeds of such Loan shall be paid: (a1) into the Settlement Account (or, in the case of clause 5.5 a Loan in US dollars, to such financial institution specified by the Borrower in such Utilisation Request as the financial institution that will effect conversion of such proceeds into HK$ at such Conversion Rate and effect payment of such conversion proceeds into the Settlement Account) for application towards settlement of the Acquisition Consideration or any part thereof; or (2) (only in the case of a Compulsory Acquisition Advance or a Reimbursement Advance) into such account of Loans), the Borrower as specified by the Borrower in such Utilisation Request; and (B) such Utilisation Request is accompanied by certified copies evidence demonstrating that: (1) (A) Target Shares have been tendered for acceptance pursuant to the Offer and the Acquisition Consideration or any part thereof in respect of such Target Shares has become or will become due or (B) (in the case of a Compulsory Acquisition Advance) the Compulsory Acquisition Threshold Date has occurred, the Offeror has acquired and paid for all of the following documents Target Shares that have been tendered for acceptance pursuant to the Offer (being not less than 90% in value of the Target Shares to which the Offer relates), and the Offeror has given notice to the Facility Agent pursuant to paragraph (f)(i) of Clause 21.19 (Offer and Relevant Documents) that it will make Compulsory Acquisition in respect of all of the Target Shares that have not be tendered for acceptance pursuant to the Offer (such Target Shares or, as applicable, the Target Shares referred to in (A), being the “Evidence of Facility A UtilizationSubject Target Shares”):); (2) the amount equal to (A) the Existing Inter-company aggregate Acquisition Consideration to be paid (or, in the case of a Reimbursement Advance, already paid) in respect of such Subject Target Shares (or, in the case of a Loan Agreement (Project SZ1), in US dollars, the equivalent of such aggregate Acquisition Consideration in US$ calculated using such Conversion Rate specified in such Utilisation Request) plus (B) repayment notice, pay-off statement, invoice or other proof any amount required to be paid in to the Debt Service Reserve Account to ensure that the aggregate amount standing to the credit thereof is not less than the Required DSRA Balance is not less than the proposed amount of such Loan; and (3) (in the case of a Reimbursement Advance) the aggregate Acquisition Consideration in respect of such Subject Target Shares has already been paid using cash resources of the Existing Inter-company Loan Group (Project SZ1and not from the proceeds of any Loan), provided that (in each case) pay-off amount and currency,none of such Subject Target Shares is the subject of any such evidence delivered under this paragraph (vi)(B) in respect of any other Utilisation Request. (Cb) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Only one Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,may be requested in each Utilisation Request.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iii) the proposed Interest Period of the Loan complies with this Agreement; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Utilisation Amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A UtilizationUtilisation”): (A) the Original Bank Loan Agreement; (B) Existing Inter-company Loan Agreement Agreements (Project SZ1SH1),; (BC) repayment notice, pay-off statement, invoice or other proof of the Original Bank Loan A and the Existing Inter-company Loan Loans (Project SZ1SH1) pay-off amount and currency,; (CD) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Original Bank Loan A and the Existing Inter-company Loan Loans (Project SZ1SH1) have been applied towards the Capital Expenditures and/or working capital of the Project SZ1,SH1; and (E) any other underlying transaction documents reasonably requested by the Facility Agent; (viii) in the case of a Facility B Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of Clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility B Utilisation”): (A) Original Bank Loan Agreement; (B) Existing Inter-company Loan Agreements (Project SH2); (C) repayment notice, pay-off statement, invoice or other proof of the Original Bank Loan B and the Existing Inter-company Loans (Project SH2) pay-off amount and currency; (D) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Original Bank Loan B and the Existing Inter-company Loans (Project SH2) have been applied towards the Capital Expenditures and/or working capital of the Project SH2; (E) purchase contracts or orders, invoices or other documents which would evidence that EDC YG is obliged to make the payment of the Capital Expenditures of the Project SH2; and (F) any other underlying transaction documents reasonably requested by the Facility Agent. (ix) in the case of a Facility C Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility C Utilisation”): (A) purchase contracts or orders, invoices or other documents which would evidence that EDC YG is obliged to make the payment of the Capital Expenditures of the Project SH3; (B) a certified copy of break down list showing the details of all Service Contracts (including the Contract Value for each Service Contract) together with certified true copies of each duly signed Service Contract, in each case which would reasonably evidence the amount of the proposed Loan to be utilized under that Utilisation Request complies with the requirement as set out in paragraph (c) of Clause 5.3 (Utilisation Amount) to the satisfaction of the Facility Agent; and (C) any other underlying transaction documents reasonably requested by the Facility Agent; (x) in the case of a Facility E Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility E Utilisation”): (A) purchase contracts or orders, invoices or other documents which would evidence that EDC YG is obliged to make the payment for the working capital purpose; and (B) any other underlying transaction documents reasonably requested by the Facility Agent. (b) Only one Loan may be requested in each Utilisation Request. (c) EDC YG must deliver the first Facility C Utilisation Request within 3 Months after the date of this Agreement. (d) EDC YG must deliver the first Facility E Utilisation Request within 3 Months after the date of this Agreement.

Completion of a Utilisation Request. (a) 5.2.1 Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (iia) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that FacilityPeriod; (iii) the proposed Interest Period of the Loan complies with this Agreement; (ivb) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties; (v) the and amount of the Utilisation complies comply with Clause 5.3 (Utilization AmountCurrency and amount); (vic) the form of the Bond is attached and either (i) has been agreed by the relevant Issuing Bank (having regard to that Issuing Bank's formal internal policies at the relevant time, and to all relevant legal and regulatory restrictions) or (ii) in respect of a Loan that the Scheme Expenses Bond only, is required to be disbursed by way in substantially the form set out in Schedule 10 (Form of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentScheme Expenses Bond); (viid) either: (i) the Expiry Date of the Bond falls on or before 31 December 2010; or (ii) the Expiry Date of the Bond falls after 31 December 2010 or the Bond is undated and, in each case, the relevant Issuing Bank and the Banks have agreed to the making of the Utilisation; or (iii) in the case of the Scheme Expenses Bond only, (subject to the Applicant's right to request that such Bond be extended or renewed but not so that the Expiry Date thereof falls on a Facility A Loan that date which is required later than 5 years from the Effective Date) the initial Expiry Date thereof falls on or before the date which is 15 months after the Effective Date; (e) the delivery instructions for the Bond are specified; (f) the Bond is either the Scheme Expenses Bond or a Bond for the purpose of supporting (directly or indirectly) the obligations of an Indemnifying Company to a third party where such obligations are incurred in the ordinary course of the Group's trade or business, but not for the purpose of supporting any financing facility of a member of the Group other than any financing facilities which have been provided to members of the Group for the purpose of supporting directly obligations of members of the Group incurred in the ordinary course of the Group's trade or business (other than where such business includes the raising or incurrence of financial indebtedness) through the issue of surety bonds, appeal bonds, bid bonds, performance bonds, letters of credit, bank guarantees or other obligations of a like nature issued for such purpose; and (g) the identity of the beneficiary of the Bond is satisfactory to the relevant Issuing Bank (having regard to the relevant Issuing Bank's formal internal policies at the relevant time, and to all relevant legal and regulatory restrictions). 5.2.2 Only one Utilisation may be requested in each Utilisation Request. 5.2.3 If either the form, the identity of the beneficiary, or (in the case of a Bond to have an Expiry Date falling after 31 December 2010 or which is undated) the tenor of, a Bond which is requested to be disbursed issued has not been agreed or approved by way the relevant Issuing Bank prior to the submission of the Consigned Disbursement according to Utilisation Request for that Bond, and the paragraph relevant Issuing Bank does not agree or approve the form, the beneficiary or the tenor of the relevant Bond (a) of clause 5.5 (Advance of Loansas the case may be), the Utilisation Request is accompanied by certified copies relevant Issuing Bank shall inform the Agent and the Agent will inform the Applicant of that fact not later than the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,Specified Time.

Completion of a Utilisation Request. (a) Each A Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) in relation to a Utilisation of the Term Loan Facility, the proposed Utilisation Date is a Business Day within falling on or before the relevant Last Term Loan Availability Period applicable to that FacilityDate; (iii) in relation to a Utilisation of the Revolving Loan Facility, the proposed Interest Period of Utilisation Date is a Business Day falling on or before the relevant Last Revolving Loan complies with this AgreementAvailability Date; (iv) the currency specified in a and amount of the Utilisation Request must be in RMB or any other currency agreed by the Partiescomply with clause 5.3 (Currency and amount); (v) the amount of the Utilisation proposed Interest Period complies with Clause 5.3 clause 9 (Utilization AmountInterest Periods);; and (vi) it identifies the purpose of the Utilisation and that purpose complies with clause 2.5(j) (Purpose) and it identifies the relevant Ship Commitment to which it relates. (b) The Term Loan Facility shall be available in five separate Term Loan Ship Tranches, one in respect of a each Ship, provided that the Term Loan that is required to be disbursed by way Ship Tranche in connection with the Ship Navigator Xxxxxx will not become available unless the Term Loan Ship Tranches in respect of the Consigned DisbursementExisting Ships have been drawn. (c) The Term Loan Ship Tranches in respect of the Existing Ships shall be available in a single drawing. (d) The Term Loan Ship Tranche in respect of the Ship Navigator Xxxxxx will be available in a single drawing. (e) The Revolving Loan Facility shall be available in five separate Revolving Loans, it specifies one in respect of each Ship, provided: (i) that the wiring and transfer instructions Revolving Loan in respect of the Existing Ships shall not become available unless the Term Loan Ship Tranches in respect of the Existing Ships have been drawn; and (ii) that the Revolving Loan with respect to the payee’s name, Ship Navigator Xxxxxx will not become available unless the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) Term Loan in the case of a Facility A Loan that is required to be disbursed by way respect of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have Ship Navigator Xxxxxx has been applied towards the Capital Expenditures of the Project SZ1,drawn.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (ia) it identifies the Facility to Borrower; (b) it identifies the purpose of the Utilisation and each Utilisation specified in the Utilisation Request must be utilisedmade for a single purpose; (c) in the case of an Offer Loan or a Buyback Loan: (i) the Borrower is one or more of the Original Borrowers or (on its accession as an Additional Borrower) any Finance Company which is incorporated in the UK or the Netherlands, a Bidco or a Buyback SPV; (ii) unless the Alcan Related Debt (other than any Alcan Bond Debt which is permitted by the Finance Documents to remain in place) has been repaid in full in accordance with this Agreement or the relevant amount of the Available Facilities has been cancelled under Clause 14.6 (Cancellation relating to the Alcan Related Debt), following the utilisation of that Offer Loan or Buyback Loan, the aggregate Available Facilities will be in an amount at least equal to the Maximum Refinancing Amount (or such lower amount agreed by the Obligors’ Agent and all of the Bookrunners from time to time); and (iii) the aggregate of the principal amount of that Offer Loan or Buyback Loan and the principal amount (at the time they were advanced) of all other Offer Loans and Buyback Loans which have already been advanced or which will be advanced on or before the Utilisation Date for that Offer Loan or Buyback Loan will not exceed the amount agreed by the Obligors’ Agent and all of the Bookrunners from time to time; (d) in the case of a Refinancing Loan, Clause 30.2 (Refinancing using Refinancing Loans) has been complied with; (e) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iiif) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (g) the proposed Interest Period complies with Clause 16 (Interest Periods); (h) it specifies the account and bank to which the proceeds of the Loan complies with this AgreementUtilisation are to be credited; (ivi) other than any Utilisation Request for a Utilisation under the currency specified Revolving Facility for general corporate purposes, the amount requested is to be drawn pro rata across each of the Facilities (other than the Swingline Facilities) provided that in respect of the aggregate pro rata amount to be drawn under Facility C and the Revolving Facility, the Utilisation Request may request that such amount be divided between Facility C and the Revolving Facility in any proportion and the relevant Utilisation Request sets out the amount required to be utilised under each Facility; (j) in relation to a Utilisation Request must for a Utilisation under the Revolving Facility for general corporate purposes (including any use of a Swingline Facility), (A) the Unconditional Date has occurred, (B) the Alcan Related Debt (other than any Alcan Bond Debt) has been repaid or prepaid and cancelled in full using Refinancing Loans or loans under a Target Standalone Agreement or Clause 30.4 (Most Favoured Lender) has been complied with, (C) to the extent that the Financial Adviser is required by the Panel (for the purposes of Rules 2.5(c) and 24.7 of the Code) to give a Cash Confirmation in respect of any Buyback, the Buyback has been completed and (D) if any Short-term Alcan Bond Debt is to remain outstanding after that Utilisation is made, immediately following that Utilisation, the aggregate Available Facilities will be in RMB or any other currency agreed by the Parties;an amount at least equal to outstanding amount of that Short-term Alcan Bond Debt; and (vk) if the Borrower is a Canadian Borrower: (i) that Canadian Borrower may only utilise a Loan to refinance directly any Alcan Related Debt borrowed or issued by that Canadian Borrower or to refinance indirectly (by means of a loan made under an Intercompany Loan Agreement) any Alcan Related Debt borrowed or issued by a member of the Target Group that is incorporated or formed under the laws of Canada or of a province or territory thereof; and (ii) the amount of the Utilisation complies with Clause 5.3 (Utilization Amount); (vi) in respect of a Loan that is required to be disbursed borrowed by way that Canadian Borrower may not exceed the amount of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect Alcan Related Debt referred to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; in sub-paragraph (viii) in the case of a Facility A Loan that above which is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,refinanced.

Completion of a Utilisation Request. (a) 5.3.1 Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (iia) the proposed Utilisation Date is a Business Day which is within the Availability Period applicable to that FacilityPeriod; (iii) the proposed Interest Period of the Loan complies with this Agreement; (ivb) the currency specified is: (i) (in a relation to any Utilisation Request must be under the EKN Premium Tranche) dollars; and (ii) (in RMB or relation to any other currency agreed by the PartiesEquipment Tranche Utilisation Request), dollars; (vc) the amount of any proposed Equipment Tranche is a minimum of US$ 5,000,000 or, if less, the Utilisation complies with Clause 5.3 Available Tranche (Utilization Amountor such other lesser amount to which the Lender gives its prior approval), provided that in no event shall the amount of a proposed Equipment Tranche exceed the Available Tranche; (vid) in respect of a Loan that is required the Borrower, attaches to the Utilisation Request all relevant documents contemplated by Schedule 2 (Requests) to be disbursed by way of the Consigned Disbursement, it specifies the wiring provided with that Utilisation Request each in form and transfer instructions with respect substance satisfactory to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentLender; (viie) (in the case of a Facility A Loan that is required Utilisation under an Equipment Tranche), pursuant to the Supplier’s Certificate provided with the relevant Utilisation Request, the goods which the proceeds of the proposed Utilisation are intended to finance (or refinance, as the case may be) are Eligible Goods and for each invoice issued under the Frame Supply Contract to be disbursed financed by way the Tranche requested pursuant to that Equipment Tranche Utilisation Request the Borrower has paid to the Supplier an amount equal to 100% of the Consigned Disbursement according to payment due under those invoices; (f) the paragraph proposed Utilisation complies with Clause 3.1 (aPurpose); and (g) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied executed by certified copies a person duly authorised to do so on behalf of the following documents (the “Evidence of Facility A Utilization”):Borrower. (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,5.3.2 Only one Tranche may be requested in each Utilisation Request.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will shall not be regarded as having been duly completed unless: (i) it identifies sets out: (A) the Facility aggregate amount requested by the Borrower under all Tranches of its Term Loan in respect of that Utilisation Request; and (B) the individual amounts requested by the Borrower under each Tranche of its Term Loan in respect of that Utilisation Request, which amounts shall be calculated by such Borrower and be equal to be utilisedthe Tranche Proportion of each such Tranche; (ii) the proposed Utilisation Date specified in such Utilisation Request is a Business Day within the Availability Period applicable to that Facilityof the relevant Term Loan; (iii) the proposed Interest Period currency and amount of the Loan complies proposed Utilisation comply with this AgreementClause 4.3; (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Parties;proposed Interest Period complies with Clause 7.1; and (v) the amount of the Utilisation complies with Clause 5.3 (Utilization Amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent; (vii) in the case of a Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans), the Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”):Request: (A) except in respect of the Existing Inter-company Loan Agreement (Project SZ1),final Utilisation of a Term Loan, confirms that following the proposed Utilisation, sufficient Available Commitments shall remain available in order for each Borrower that has not made its Final Payment to make its Final Payment as required by the Shipbuilding Contract to which it is a party; and (B) repayment notice, pay-off statement, invoice or other proof confirms that the Proceeds of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency,proposed Utilisation shall be used for Permitted Uses only. (Cb) purchase contracts or ordersIn respect of each Term Loan, invoicesonly one Utilisation Request may be delivered each month; provided, bank account statements or other documentary proof evidencing however, that subject to Clause 4.2(d), a Borrower may deliver more than one Utilisation Request in any month, provided that the proceeds Proceeds of any such additional Utilisation shall be applied only to the payment of amounts due and payable under its Shipbuilding Contract. (c) Each Borrower has proposed a Utilisation Schedule for its Term Loan. Such Utilisation Schedule is indicative only. To the extent a Borrower reasonably anticipates any material deviation from the Existing Inter-company Loan (Project SZ1) have been schedule of dates and/or amounts in its Utilisation Schedule at any time, such Borrower shall update its Utilisation Schedule and provide such updated Utilisation Schedule to the Intercreditor Agent. If Proceeds of the Loans are to be applied towards payments contemplated in the Capital Expenditures Construction Budget of a Borrower, the Project SZ1,Utilisation Schedule for such Borrower (as updated from time to time in accordance with this Clause 4.2(c)) shall provide for the Utilisation in respect of such Proceeds to be made prior to the date such Proceeds are to be applied as contemplated by such Construction Budget. (d) Each Alternative Arrangement Borrower may request only one further Utilisation of its Term Loan following the date on which an Alternative Charter or Acceptable Charter, as the case may be, is signed by all parties thereto.

Completion of a Utilisation Request. (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iii) the proposed Interest Period currency and amount of the Loan complies Utilisation comply with this AgreementClause 5.3 (Currency and amount); (iv) the currency specified in a Utilisation Request must be in RMB or any other currency agreed by the Partiesproposed Interest Period complies with Clause 12 (Interest Periods); (v) it specifies the amount account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation complies with Clause 5.3 (Utilization Amount)or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited; (vi) in respect the case of a Loan requested Utilisation of Facility A1, the Utilisation Request is accompanied by such documents and/or evidence in form and substance satisfactory to the Agent as is applicable to that is required relevant AA Acquisition or other purpose for which such proceeds may be used as set out in Part 1B of Schedule 2 (Conditions Precedent) to the extent the same have not previously been provided pursuant to this Clause 5.2(vi) or Clause 4.1(b) (Initial Conditions Precedent) in relation to that AA Acquisition or other permitted purpose now proposed to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility Agent;funded; and (vii) in the case of a requested Utilisation of Facility A Loan that is required to be disbursed by way of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans)A2, the Utilisation Request is accompanied by certified copies a certificate of the following documents Company confirming how many shares and stock options have been bought to date (whether pursuant to the “Evidence Facilities or otherwise) since the date of Facility A Utilization”):this Agreement and how many are to be acquired by way of the proposed Loan the subject of the Utilisation Request. (Ab) the Existing Inter-company Only one Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,may be requested in each Utilisation Request.

Completion of a Utilisation Request. (a) Each Utilisation Request for a Loan is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilised; (ii) it specifies the purpose for which the Utilisation shall be applied; (iii) it certifies: (A) that the Utilisation will be applied for the purpose specified provided that in the case of a Utilisation referred to at Clause 5.6 (Term Loan Facility Disbursement Account Utilisation) the purpose specified shall be the payment by the Agent directly into the Term Loan Facility Disbursement Account; and (B) compliance with each of the requirements set out in Clause 4.2 (Further conditions precedent); (iv) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iii) the proposed Interest Period of the Loan complies with this Agreement; (ivv) the currency specified and, other than in the case of a Utilisation Request must be in RMB or any other currency agreed by the Parties; referred to at Clause 5.6 (v) the Term Loan Facility Disbursement Account Utilisation), amount of the Utilisation complies comply with Clause 5.3 (Utilization AmountCurrency and amount); (vi) in respect of a Loan that is required to be disbursed by way of the Consigned Disbursement, it specifies the wiring and transfer instructions proposed Interest Period complies with respect to the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentClause 13 (Interest Periods); (vii) (save for any Utilisation of the Term Loan Facility made on the last day of the Availability Period for the Term Loan Facility and deposited in the case Term Loan Facility Disbursement Account pursuant to Clause 5.6 (Term Loan Facility Disbursement Account Utilisation) and any Utilisation of the Revolving Facility), in respect of a Facility A Loan that is required to be disbursed by way proposed Utilisation of the Consigned Disbursement according to the paragraph (a) of clause 5.5 (Advance of Loans)Term Loan Facility, the Utilisation Request it is accompanied by originals or certified copies of all of the following documents or evidence listed in Part II of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the “Evidence Agent (acting on the instructions of Facility A Utilization”):the Majority Lenders) in accordance with this Agreement; and (Aviii) (save for any Utilisation of the Existing Inter-company Term Loan Agreement Facility made on the last day of the Availability Period for the Term Loan Facility and deposited in the Term Loan Facility Disbursement Account pursuant to Clause 5.6 (Project SZ1Term Loan Facility Disbursement Account Utilisation),), in respect of a proposed Utilisation of the Term Loan Facility, not more than two Utilisation Requests in respect of the Term Loan Facility, have been delivered in any one calendar month. (Bb) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,Only one Utilisation may be requested in a Utilisation Request.

Completion of a Utilisation Request. (a) Each Subject to Clause 5.8 (Affiliate of a Borrower) and paragraph (f) below, each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) it identifies the Facility to be utilisedrelevant Borrower and the type of L/G (and for the purposes of COGS, standby letters of credit include commercial or trade letters of credit); (ii) it identifies the proposed Utilisation Date relevant Issuing Bank and whether it is a Business Day within to be issued by one or several Issuing Banks (and in the Availability Period applicable to that Facilitylatter case in which portions); (iii) it identifies the proposed Interest Period of Utilisation Date which is a Business Day falling within the Loan complies with this AgreementAvailability Period; (iv) it identifies the amount and currency specified in a Utilisation Request must be in RMB or any other currency agreed by of the Partiesrequested L/G; (v) the amount of L/G is denominated in the Utilisation complies with Clause 5.3 (Utilization Amount)Base Currency or an Optional Currency; (vi) in respect of a Loan that is required to be disbursed by way the amount of the Consigned Disbursement, it specifies L/G requested is an amount whose Base Currency Amount is not more than the wiring Available Facility and transfer instructions with respect to the payee’s name, Available Commitment of the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentIssuing Bank; (vii) a form of the relevant requested L/G as outlined in Clause 3.1 (Purpose) is (x) attached, (y) agreed with the relevant Issuing Bank and (z) satisfies the L/G Approved Criteria; (viii) the obligor of the obligations secured by the L/G is the respective Borrower, the beneficiary of the L/G is identified and the underlying contract is specified; (ix) it specifies the expiry date specified in the relevant L/G or, as the case may be, the expiry date of the Commercial Lifetime of the relevant L/G; and (x) the delivery instructions for the L/G are specified. (b) The Agent shall in no event be held responsible for a non - or a delayed processing of any Utilisation Request (irrespective of whether made through COGS or otherwise) unless such delayed processing is caused by gross negligence or wilful misconduct on the part of the Agent. As the Agent will not, in the event of a Facility A Loan Utilisation Request or other information submitted by telefax, letter or email, be in a position to verify whether any document received as a Utilisation Request has been duly authorised and sent by the relevant Borrower, the Company and each Borrower agrees that is the Agent shall be entitled to execute all Utilisation Requests hereunder received by telefax, letter or email or with respect to which further information was delivered by telefax, letter or email if on their face such telefaxes, letters or emails appear to be duly authorised and executed by persons acting on behalf of the Company and/or the relevant Borrower who have been identified as authorised signatories in accordance with the COGS Conditions or in the certificate referred to under paragraph (g) of Part 1 or number 7 of Part 2 (Conditions Precedent required to be disbursed delivered by way an Additional Obligor) of Schedule 2 (Conditions Precedent). Neither the Agent nor any of the Consigned Disbursement according to Issuing Banks shall be held liable for the paragraph execution of any forged Utilisation Request received by telefax, letter or email except where the forgery is evident (aoffensichtlich) or the Agent or the respective Issuing Bank acted with gross negligence or wilful misconduct. (c) Provided the requirements set out in Clause 4.1 (Initial conditions precedent) and Clause 4.2 (Further conditions precedent) are satisfied, each Existing L/G shall be treated as an L/G issued under this Agreement. (d) Only one L/G may be requested in each Utilisation Request. (e) The maximum aggregate Base Currency Amount of clause 5.5 all outstanding standby, commercial or trade letters of credit shall at no time exceed EUR 50,000,000. (Advance of Loans), f) A Utilisation Request may only be revoked by the relevant Borrower: (i) before the Agent has forwarded the Utilisation Request is accompanied to the relevant Issuing Bank by certified copies of giving notice to the following documents (the “Evidence of Facility A Utilization”):Agent; or (Aii) thereafter, by giving notice to the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment noticerelevant Issuing Bank which has to be received by that Issuing Bank at a time that Issuing Bank will, pay-off statementwith reasonable efforts, invoice still be in a position to stop the process that the relevant L/G is delivered to the relevant beneficiary or any other proof of party as instructed by the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,relevant

Completion of a Utilisation Request. (a) 6.2.1 Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (a) in the case of a Loan: (i) the proposed Utilisation Date is a Banking Day within the Availability Period; (ii) the currency and amount of the Utilisation comply with clause 6.3 (Currency and amount); and (iii) the proposed Interest Period complies with clause 11 (Interest Periods); and (b) in the case of a Letter of Credit; (i) it identifies the Facility to be utilisedspecifies that it is for a Letter of Credit; (ii) the proposed Utilisation Date is a Business Banking Day within the Availability Period applicable to that FacilityPeriod; (iii) the proposed Interest Period currency and amount of the Loan complies Letter of Credit comply with this Agreementclause 6.3 (Currency and amount); (iv) the currency specified in a Utilisation Request must be in RMB or any other currency an agreed by the Partiesform Letter of Credit is attached; (v) the amount Utilisation Request is accompanied by a copy of the Utilisation complies with Clause 5.3 (Utilization Amount)form of the documentation or other instrument evidencing the obligation of the Borrower which will be the subject of the Letter of Credit and such documentation or other instrument is reasonably acceptable to the Agent; (vi) in respect of there is a Loan that is required maximum limit to be disbursed by way the stated liability of the Consigned Disbursement, it specifies Lenders under the wiring Letter of Credit and transfer instructions with respect to such Letter of Credit has a specified Expiry Date falling not later than the payee’s name, the payee’s account information, the payment amount and currency, payment purpose and any other information reasonably requested by the Facility AgentTermination Date; (vii) the Base Currency Amount of the Letter of Credit is a minimum of £2,500,000 or the balance of the unutilised LC Limit, or such other lesser amount as the Agent may agree; (viii) the identity of the beneficiary of the Letter of Credit has been approved by the Agent, acting reasonably and in accordance with the case instructions of the Majority Lenders; (ix) the delivery instructions for the Letter of Credit are specified; and (x) the terms of the Letter of Credit contain a Facility A Loan that is required clear procedure for the making of claims reasonably satisfactory to the Agent. 6.2.2 No more than one currency may be disbursed requested in any single Utilisation Request, and a Utilisation by way of the Consigned Disbursement according Letter of Credit must be requested in a separate Utilisation Request. The Borrower may, subject to the paragraph (a) other terms of clause 5.5 (Advance of Loans)this Agreement, the deliver more than one Utilisation Request is accompanied by certified copies of the following documents (the “Evidence of Facility A Utilization”): (A) the Existing Inter-company Loan Agreement (Project SZ1), (B) repayment notice, pay-off statement, invoice or other proof of the Existing Inter-company Loan (Project SZ1) pay-off amount and currency, (C) purchase contracts or orders, invoices, bank account statements or other documentary proof evidencing the proceeds from the Existing Inter-company Loan (Project SZ1) have been applied towards the Capital Expenditures of the Project SZ1,on any one day.