Common use of Conditions of Utilisation Clause in Contracts

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The Borrower may not deliver a Utilisation Request unless the Agent has received all the documentation and other evidence listed in Part 1 of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 4 contracts

Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)

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Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 3 contracts

Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Multicurrency Revolving Credit and Guarantee Facility Agreement (Acergy S.A.), Secured Facilities Agreement (Citigroup Inc)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a make the first Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions PrecedentPrecedent to Initial Utilisation) in form and substance reasonably satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 3 contracts

Samples: Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Amendment and Restatement Agreement (Las Vegas Sands Corp), Facility Agreement (Las Vegas Sands Corp)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 A of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Obligors’ Agent and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Samples: Amending Agreement (Sappi LTD), Facility Agreement (Sappi LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower Borrowers may not deliver a the Utilisation Request unless the Facility Agent has received all of the documentation documents and other evidence listed in Part 1 ‎Part A of Schedule ‎Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Facility Agent shall notify (acting on the Borrower and instructions of the Lenders promptly upon being so satisfiedMajority Lenders).

Appears in 2 contracts

Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Samples: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Enodis PLC)

Conditions of Utilisation. 4.1 11.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Samples: Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent Facility Agent, or its duly authorised representative, has received received, or is satisfied that it will receive on the relevant Utilisation Date, all of the documentation documents and other evidence listed in Part 1 of Schedule 2 3 (Conditions PrecedentInitial conditions precedent) in form and substance satisfactory to the Facility Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions PrecedentPrecedent to Initial Utilisation) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Samples: Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Facility Agent has received all of the documentation documents and other evidence listed in Part 1 III of Schedule 2 1 (Conditions Precedentprecedent to initial Utilisation Request) in form and substance satisfactory to the Facility Agent. The Facility Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedentprecedent and subsequent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Wimm Bill Dann Foods Ojsc)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedent) in form and substance satisfactory Precedent to the AgentInitial Utilisation). The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sa De Cv)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (CTC Media, Inc.)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Drdgold LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Exide Corp)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the AgentAgent (acting reasonably). The Agent shall notify the Borrower Obligor’s Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 A of Schedule 2 (Conditions Precedentprecedent) in form and substance reasonably satisfactory to the Agent. The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Credit Agreement (Axa Financial Inc)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedent) in form and substance satisfactory Precedent to the Agentinitial Utilisation). The Agent shall notify the Borrower and the Lenders promptly upon being so satisfiedreceiving such documents.

Appears in 1 contract

Samples: Facilities Agreement (Cemex Sa De Cv)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a its initial Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in and appearing to comply with the requirements of Part 1 I of Schedule 2 (Conditions PrecedentConditions) in form and substance satisfactory to the Agentit. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfiedreceiving such documents and other evidence.

Appears in 1 contract

Samples: Facility Agreement

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent A Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the relevant Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Whirlpool Corp /De/)

Conditions of Utilisation. 4.1 5.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 3 (Conditions Precedent) and copies of any other document, authorisation, opinion or assurance reasonably requested by the Agent in form and substance reasonably satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Bunge LTD)

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Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent‌ No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 A of Schedule 2 (Conditions Precedent) in form and substance reasonably satisfactory to the AgentAgent (except paragraph 4.2 of Part A of Schedule 2 (Conditions Precedent) which shall be provided for information purposes only and not required to be in a form and substance satisfactory to the Agent or any Finance Party). The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent (a) No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 part I (Initial Conditions Precedent) of Schedule 2 3 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Borrowers and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Senior Secured Credit Facility Agreement (Borr Drilling LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions PrecedentPrecedent to initial Utilisation) in form and substance satisfactory to the AgentAgent acting reasonably. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Term Facility Agreement (Luxottica Group Spa)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Sibanye Stillwater LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a the first Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (MTS Inc)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent A Borrower may not deliver a Utilisation Request or file an Overdraft Instruction unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedentprecedent to initial Utilisation) in form and substance satisfactory to the Agent. The Agent shall notify the relevant Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Central European Distribution Corp)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Original Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Benfield Greig Group PLC)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver make a Utilisation Request unless the Agent has received or is satisfied that it will receive, on the Utilisation Date all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the AgentAgent (acting reasonably). The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Aluminum Corp of China)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the AgentAgent (acting reasonably). The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Mobifon Holdings Bv)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Obligors’ Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Octel Corp)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Schedule 2, Part 1 of Schedule 2 I (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Secured Facilities Agreement (Citigroup Inc)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 The precedent No Borrower may not deliver a Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Credit Agreement (Sappi LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent 4.1.1 precedent The Borrower may not deliver a the Utilisation Request unless the Agent has received all of the documentation documents and other evidence listed in Part 1 I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (China Shandong Industries, Inc.)

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