CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed executed by the Additional Guarantor and the Company. 2. A copy of the constitutional documents of the Additional Guarantor. 3. A copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor: (a) approving the terms of, and the transactions contemplated by, the Accession Deed and the Finance Documents and resolving that it execute, deliver and perform the Accession Deed and any other Finance Document to which it is a party; (b) authorising a specified person or persons to execute the Accession Deed and other Finance Documents on its behalf; (c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and (d) authorising the Company to act as its agent in connection with the Finance Documents. 4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above. 5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above. 6. A copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party. 7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above. 8. A certificate of an Authorised Signatory of the Additional Guarantor confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded. 9. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession Deed. 10. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration or other document, opinion or assurance which the Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document. 11. If available, the latest audited financial statements of the Additional Guarantor. 12. The following legal opinions, each addressed to the Agent, the Security Trustee and the Lenders: (a) A legal opinion of the legal advisers to the Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed. (b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed. 13. Any security documents which are required by the Agent to be executed by the proposed Additional Guarantor. 14. Any notices or documents required to be given or executed under the terms of those security documents. 15. If the Additional Guarantor is incorporated in England and Wales, Scotland or Northern Ireland evidence that the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents. PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”) 1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request. 2. We wish to borrow a Loan on the following terms: (a) Borrower: [·] (b) Proposed Utilisation Date: [·] (or, if that is not a Business Day, the next Business Day) (c) Currency of Loan: U.S. dollars (d) Amount: $[·](1)
Appears in 1 contract
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed accession letter executed by the Additional Guarantor and the Companyrelevant other parties thereto.
2. A copy of the constitutional documents of each Additional Guarantor comprising:
(a) for each Danish Guarantor, a copy of its articles of association and a recent compiled summary from the Register of the DCCA relating to it;
(b) for each Swiss Guarantor, the Articles of association (fatzceng or Gesellschaftsvertrag as applicable) and an extract from the Commercial Register (Handelsregister) as at the date on which such Additional Guarantor accedes to this Agreement; and
(c) for any other Additional Guarantor, a copy of its constitutional documents.
3. A copy of a resolution of the board or, if applicable, a committee of the board of directors or equivalent body of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed Letter and the Bridge Finance Documents to which it is a party and resolving that it execute, deliver and perform execute the Accession Deed Letter and any other Bridge Finance Document Documents to which it is a party;
(b) authorising a specified person or persons to execute on its behalf the Accession Deed Letter and other Bridge Finance Documents on its behalf;to which it is a party; and
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Bridge Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
6. A copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
8. A certificate of an Authorised Signatory authorised signatory of the Additional Guarantor confirming that borrowing or guaranteeing or securing, as appropriate, the Total aggregate amount of Commitments would not cause any borrowing, guarantee, security guarantee or similar limit binding on it to be exceeded.
95. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part part II of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession Deedaccession letter.
10. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration or other document, opinion or assurance which the Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.
116. If available, the latest audited financial statements of the Additional Guarantor.
127. The following legal opinions, each addressed to the Bridge Facility Agent, the Security Trustee Agent and the Lenderslenders:
(a) A a legal opinion of the Linklaters, London, legal advisers to the Bridge Facility Agent in Englandand the Security Agent, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.law; and
(b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Bridge Facility Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law incorporation of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents which are required by the Agent to be executed by the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
158. If the Additional Guarantor is incorporated in a jurisdiction other than England and Wales, Scotland or Northern Ireland evidence that the process agent referred to in Clause 36.2 (Service of process) or another process agent has accepted its appointment in relation to the proposed additional guarantor.
9. A deed of accession to the Intercreditor Agreement executed by the Additional Guarantor.
10. Evidence satisfactory to the Bridge Facility Agent that each Lender has carried out and is satisfied it has complied with all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) pursuant to comply with sections 677 to 683 of the Companies Xxx 0000 transactions contemplated in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Bridge Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”). From: [Borrower] To: [Bridge Facility Agent] Dated: Dear Sirs
1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a Loan on the following termsWE WISH [AN INITIAL LOAN TO BE MADE ON THE FOLLOWING TERMS]:
(a) Borrower: [·[ ]
(b) Proposed Utilisation Date: [·[ ] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Amount: $[·[ ](1)
Appears in 1 contract
Samples: Bridge Facility Agreement (Nordic Telephone CO ApS)
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. Corporate documentation
(a) An Accession Deed Letter, duly executed by the Additional Guarantor and the Company.
2. (b) A copy of the constitutional documents and statutory registers of the Additional Guarantor.
3. (c) A copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor:
(ai) approving the terms of, and the transactions contemplated by, the Accession Deed Letter and the Finance Documents and resolving that it execute, deliver and perform execute the Accession Deed and any other Finance Document to which it is a partyLetter;
(bii) authorising a specified person or persons to execute the Accession Deed and other Finance Documents Letter on its behalf;; and
(ciii) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; andDocuments.
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
6. A copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which Director's Certificate for the Additional Guarantor is a partysubstantially in the form of Part 3 of this Schedule.
72. Legal opinions A copy legal opinion of a resolution of Axxxx & Oxxxx, legal advisers in Hong Kong to the board of directors of each corporate shareholder of each Additional Guarantor approving Facility Agent substantially in the terms of form distributed to the resolution referred to in paragraph 6 above.
8. A certificate of an Authorised Signatory of the Additional Guarantor confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded.
9. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as Lenders at a date no earlier than the date of the Accession DeedLetter, before signing the Accession Letter, and addressed to the Finance Parties at the date of that opinion.
103. Other documents and evidence
(a) A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration Authorisation or other document, opinion or assurance which the Facility Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.
11. (b) If available, a copy of the latest audited financial statements accounts of the Additional Guarantor.
12. The following legal opinions, each addressed to (c) Evidence that all expenses due and payable from the Agent, the Security Trustee and the Lenders:
(a) A legal opinion Company under this Agreement in respect of the legal advisers to the Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession DeedLetter have been paid.
(bd) If Evidence that the Additional Guarantor Facility Agent has carried out and is incorporated in or has its satisfied with the results of all “centre of main interestknow your customer” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents which are required by the Agent to be executed by checks on the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
15. (e) If the proposed Additional Guarantor is incorporated in England and Walesa jurisdiction other than Hong Kong, Scotland or Northern Ireland evidence that the Additional Guarantor process agent specified in Clause 41.2 (Service of process), if not a Guarantor, has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 accepted its appointment in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”)
1. We refer relation to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Requestproposed Additional Guarantor.
2. We wish to borrow a Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Amount: $[·](1)
Appears in 1 contract
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. (a) An Accession Deed Letter, duly executed by the Additional Guarantor and the CompanyBorrower.
2. (b) A copy of the constitutional documents of the Additional Guarantor.
3. (c) A copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor:
(ai) approving the terms of, and the transactions contemplated by, the Accession Deed and the Finance Documents to which it is a party and resolving that it execute, deliver and perform execute the Accession Deed and any other Finance Document Documents to which it is a party;
(bii) authorising a specified person or persons to execute the Accession Deed and other Finance Documents to which it is a party on its behalf;; and
(ciii) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents documents, powers of attorney, deeds and notices (including, in relation to an Additional Borrowerif relevant, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and.
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 (b) above.
6. (e) A copy certificate of a resolution the Additional Guarantor (signed by all the holders of the issued shares a director of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
8. A certificate of an Authorised Signatory of the Additional Guarantor ) confirming that borrowing or guaranteeing or securingguaranteeing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security guaranteeing or similar limit binding on it any Original Obligor to be exceeded.
9. (f) A certificate of an authorised signatory of the Additional Guarantor relevant Original Obligor certifying that each copy document listed relating to it specified in this Part II of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession Deedthis Agreement.
10. (g) The Group Structure Chart certified by the Parent as being true at the date of this Agreement.
(h) A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration Authorisation or other document, opinion or assurance which the Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.. 118798-4-1-v6.0 - 134 - 70-40539524
11. (i) If available, the latest audited financial statements of the Additional Guarantor.
12. The following legal opinions, each addressed to (j) A certificate issued by the Agent, Central Register of Treasury Pledges confirming that the Security Trustee and the Lenders:Additional Guarantor incorporated in Poland is not enrolled as pledgor.
(ak) Excerpts from the Polish Register of Pledges confirming that there are no registered pledges established over the assets of the Additional Guarantor incorporated in Poland.
(l) A legal opinion of the Xxxxxxxx Chance LLP, legal advisers to the Agent Mandated Lead Arrangers in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.
(bm) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English lawWales, a legal opinion of the legal advisers to the Agent Lenders in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as in which the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession DeedAdditional Guarantor is incorporated.
13. Any security documents which are required by (n) If the Agent proposed Additional Guarantor is incorporated in a jurisdiction other than England and Wales, evidence that the agent for service of process specified in Clause 39.2 (Service of process), if not an Obligor, has accepted its appointment in relation to be executed by the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
15. If the Additional Guarantor is incorporated in England and Wales, Scotland or Northern Ireland evidence that the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private companyo) to comply with sections 677 to 683 A copy of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into signed Compliance Certificate (including supporting documents) required by Clause 21.6 (Compliance Certificate) dated the Finance Documents and perform its obligations under date of the Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”)
Accession Letter. 118798-4-1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Amount: $[·](-v6.0 - 135 - 70-40539524 30 June 2016 20% 31 December 2016 25% 30 June 2017 33.3% 31 December 2017 50% 30 June 2018 100% 118798-4-1)-v6.0 - 136 - 70-40539524
Appears in 1 contract
Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed Letter, duly executed by the Additional Guarantor and the Company.
2. A copy of the constitutional documents of the Additional Guarantor.
3. A copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed Letter and the Finance Documents and resolving that it execute, deliver and perform execute the Accession Deed Letter and any other each Finance Document to which it is a partyDocument;
(b) authorising a specified person or persons to execute the Accession Deed Letter and other each Finance Documents Document on its behalf;; and
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
65. A copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party, where required by applicable law.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
86. A certificate of an Authorised Signatory of the Additional Guarantor (signed by a director) confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security guaranteeing or similar limit binding on it to be exceeded.
97. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II IV of Schedule 2 1 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession DeedLetter.
108. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration Authorisation or other document, opinion or assurance which the Facility Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.
119. If available, the latest audited financial statements of the Additional Guarantor.
1210. The following A legal opinionsopinion, each addressed satisfactory to the Facility Agent, the Security Trustee and the Lenders:
(a) A legal opinion of the Xxxxxxxx Chance LLP, legal advisers to the Facility Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.
(b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents which are required by the Agent to be executed by the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
1511. If the Additional Guarantor is incorporated in a jurisdiction other than England and Wales, Scotland or Northern Ireland a legal opinion, satisfactory to the Facility Agent, of the legal advisers to the Facility Agent in the jurisdiction in which the Additional Guarantor is incorporated.
12. If the Additional Guarantor is incorporated in a jurisdiction other than England and Wales, and the Facility Agent so requires, a legal opinion, satisfactory to the Facility Agent, of the legal adviser to the Additional Guarantor in the jurisdiction in which the Additional Guarantor is incorporated.
13. If the proposed Additional Guarantor is incorporated in a jurisdiction other than England and Wales, evidence that the process agent specified in Clause 39.2 (Service of process), if not an Obligor, has accepted its appointment in relation to the proposed Additional Guarantor has done all that is necessary Guarantor. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs Xstrata (including, without limitation, by re-registering as a private companySchweiz) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents.
PART I UTILISATION REQUEST AG — $2,500,000,000 Dual Currency Term Loan Facilities Agreement dated 20 May 2013 [ ] (the “"Agreement”")
1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a [ ] Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·[ ] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Loan [ ] Amount: $[·](1)[ ] or, if less, the Available Facility
Appears in 1 contract
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed Letter, duly executed by the Additional Guarantor and the Company.
2. A copy of the constitutional documents of the Additional Guarantor.
3. A copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed Letter and the Finance Documents and resolving that it execute, deliver and perform execute the Accession Deed Letter and any other each Finance Document to which it is a partyDocument;
(b) authorising a specified person or persons to execute the Accession Deed Letter and other each Finance Documents Document on its behalf;; and
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
65. A copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party, where required by applicable law.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
86. A certificate of an Authorised Signatory of the Additional Guarantor (signed by a director) confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security guaranteeing or similar limit binding on it to be exceeded.
97. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II IV of Schedule 2 1 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession DeedLetter.
108. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration Authorisation or other document, opinion or assurance which the Facility Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.
119. If available, the latest audited financial statements of the Additional Guarantor.
1210. The following A legal opinionsopinion, each addressed satisfactory to the Facility Agent, the Security Trustee and the Lenders:
(a) A legal opinion of the Xxxxxxxx Chance LLP, legal advisers to the Facility Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.
(b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents which are required by the Agent to be executed by the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
1511. If the Additional Guarantor is incorporated in a jurisdiction other than England and Wales, Scotland or Northern Ireland a legal opinion, satisfactory to the Facility Agent, of the legal advisers to the Facility Agent in the jurisdiction in which the Additional Guarantor is incorporated.
12. If the Additional Guarantor is incorporated in a jurisdiction other than England and Wales, and the Facility Agent so requires, a legal opinion, satisfactory to the Facility Agent, of the legal adviser to the Additional Guarantor in the jurisdiction in which the Additional Guarantor is incorporated.
13. If the proposed Additional Guarantor is incorporated in a jurisdiction other than England and Wales, evidence that the process agent specified in Clause 39.2 (Service of process), if not an Obligor, has accepted its appointment in relation to the proposed Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”)Guarantor. From: [Borrower] To: [Facility Agent] Dated: Dear Sirs
1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a [ ] Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·[ ] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Loan [ ] Amount: $[·](1)[ ] or, if less, the Available Facility
Appears in 1 contract
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed executed by the Additional Guarantor and the CompanyBorrower.
2. A copy of the constitutional documents of the Additional Guarantor.
3. A copy of a resolution of the board or, if applicable, a committee of the board of directors or members (as applicable) of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed and the Finance Documents and resolving that it execute, deliver and perform the Accession Deed and any other Finance Document to which it is a party;Documents; and
(b) authorising a specified person or persons to execute the Accession Deed and other Finance Documents on its behalf;
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
65. A If required by the laws of the jurisdiction of organization of the Additional Guarantor, a copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
8. A certificate of an Authorised Signatory of the Additional Guarantor confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded.
96. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II 2 of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession Deed.
7. If the proposed Additional Guarantor is organized in a jurisdiction other than England and Wales, evidence that the process agent specified in Clause 40.2 (Service of process) of the Agreement has accepted its appointment in relation to the proposed Additional Guarantor.
8. A legal opinion of legal advisers to the BPIAE Agent as to matters of English law.
9. A legal opinion of legal advisers (reasonably acceptable to the BPIAE Agent) to the Additional Guarantor in the jurisdiction of organization of the Additional Guarantor (and, if different, the law governing any Transaction Security Document executed by the Additional Guarantor).
10. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration or other document, opinion or assurance which the BPIAE Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter Deed or for the validity and enforceability of any Finance Document.
11. If available, Subject to the latest audited financial statements restrictions set forth in Clause 23.30 (Additional Guarantors and resignation of Guarantors) of the Additional Guarantor.
12. The following legal opinionsAgreement, each addressed to the Agent, the any Transaction Security Trustee and the Lenders:
(a) A legal opinion of the legal advisers to the Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.
(b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents Documents which are required by the BPIAE Agent to be executed by the proposed Additional Guarantor.
14. Any notices Guarantor granting a security interest over Key Assets 0080105-0000405 PA:20488617.7 177 (other than Satellites), if any, as the Borrower specifies and any notices, documents or documents filings required to be given given, executed or executed under the terms of those security documentsmade in connection therewith.
15. If the Additional Guarantor is incorporated in England and Wales, Scotland or Northern Ireland evidence that the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”)
1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Amount: $[·](1)
Appears in 1 contract
Samples: Supplemental Agreement (Iridium Communications Inc.)
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed executed by the Additional Guarantor and the CompanyBorrower.
2. A copy of the constitutional documents of the Additional Guarantor.
3. A copy of a resolution of the board or, if applicable, a committee of the board of directors or members (as applicable) of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed and the Finance Documents and resolving that it execute, deliver and perform the Accession Deed and any other Finance Document to which it is a party;Documents; and
(b) authorising a specified person or persons to execute the Accession Deed and other Finance Documents on its behalf;
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
65. A If required by the laws of the jurisdiction of organization of the Additional Guarantor, a copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
8. A certificate of an Authorised Signatory of the Additional Guarantor confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded.
96. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II 2 of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession Deed.
7. If the proposed Additional Guarantor is organized in a jurisdiction other than England and Wales, evidence that the process agent specified in Clause 40.2 (Service of process) of the Agreement has accepted its appointment in relation to the proposed Additional Guarantor.
8. A legal opinion of legal advisers to the BPIAE Agent as to matters of English law.
9. A legal opinion of legal advisers (reasonably acceptable to the BPIAE Agent) to the Additional Guarantor in the jurisdiction of organization of the Additional Guarantor (and, if different, the law governing any Transaction Security Document executed by the Additional Guarantor).
10. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration or other document, opinion or assurance which the BPIAE Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter Deed or for the validity and enforceability of any Finance Document.
11. If available, Subject to the latest audited financial statements restrictions set forth in Clause 23.30 (Additional Guarantors and resignation of Guarantors) of the Additional Guarantor.
12. The following legal opinionsAgreement, each addressed to the Agent, the any Transaction Security Trustee and the Lenders:
(a) A legal opinion of the legal advisers to the Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.
(b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents Documents which are required by the BPIAE Agent to be executed by the proposed Additional Guarantor.
14. Any notices Guarantor granting a security interest over Key Assets (other than Satellites), if any, as the Borrower specifies and any notices, documents or documents filings required to be given given, executed or executed under the terms of those security documents.
15. If the Additional Guarantor is incorporated made in England and Wales, Scotland or Northern Ireland evidence that the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documentsconnection therewith.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”)1 FORM OF REIMBURSEMENT REQUEST
1. We refer Reference is made to the Agreement. This is a Utilisation Reimbursement Request. Terms Capitalised terms used in this Reimbursement Request but not defined have the meaning given to them in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation RequestAgreement.
2. We wish to borrow a Loan The Borrower hereby requests the borrowing of Loans on the following terms:
(a) BorrowerUtilisation Date: [·[ ];
(b) Proposed Utilisation DateTotal amount of Loans: [·$ [ ] (or, if that is not a Business Day, the next Business Daybeing $[ ] under Tranche A and $[ ] under Tranche B);
(c) Currency of LoanApplication: U.S. dollars
(dInvoiced amount as per attached invoice(s) Amount: $[·](1)attached1 Amount requested to be reimbursed under the Agreement2
Appears in 1 contract
Samples: Supplemental Agreement (Iridium Communications Inc.)
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed Letter, duly executed by the Additional Guarantor and the CompanyItalian Borrower.
2. A copy of the constitutional documents of the Additional Guarantor, including a good standing certificate for each proposed Additional Guarantor that is a U.S. Group Company.
3. A If required by law, regulation or by the constitutional documents, a copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed Letter and the Finance Documents and resolving that it execute, deliver and perform execute the Accession Deed and any other Finance Document to which it is a partyLetter;
(b) authorising a specified person or persons to execute the Accession Deed and other Finance Documents Letter on its behalf;; and
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
65. A If required by law, regulation or by the constitutional documents, a copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
86. A certificate of an Authorised Signatory of the Additional Guarantor (signed by a director) confirming that borrowing or guaranteeing or securing, as appropriate, an amount of indebtedness equal to the higher of (a) the Total Commitments and (b) the maximum amount it is permitted to guarantee under any applicable law or regulation would not cause any borrowing, guarantee, security guaranteeing or similar limit binding on it to be exceededexceeded and would constitute its legal, valid and binding obligations.
97. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II I of Schedule 2 11 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession DeedLetter.
108. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration Authorisation or other document, opinion or assurance which the Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.
119. If available, the latest audited financial statements of the Additional Guarantor.
1210. The following legal opinions, each Legal opinions in form and substance acceptable to the Agent (acting reasonably) addressed to the Agent, Lenders confirming the Security Trustee due capacity and the Lenders:
(a) A legal opinion authority of the legal advisers Additional Guarantor to the Agent in England, as to English law in the form distributed to the Lenders prior to signing enter into the Accession DeedLetter and that the obligations assumed by it thereunder constitute its legal, valid and binding obligations.
(b) 11. If the proposed Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English lawWales, a legal opinion evidence that the process agent specified in Clause 41.2 (Service of the legal advisers process), if not an Obligor, has accepted its appointment in relation to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents which are required by the Agent to be executed by the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
15. If the Additional Guarantor is incorporated in England and Wales, Scotland or Northern Ireland evidence that the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (the “Agreement”)
1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Amount: $[·](1)
Appears in 1 contract
CONDITIONS PRECEDENT REQUIRED TO BE DELIVERED BY AN ADDITIONAL GUARANTOR. 1. An Accession Deed executed by the Additional Guarantor and the Company.
2. A copy of the constitutional documents of the Additional Guarantor.
3. A copy of a resolution of the board or, if applicable, a committee of the board of directors of the Additional Guarantor:
(a) approving the terms of, and the transactions contemplated by, the Accession Deed and the Finance Documents and resolving that it execute, deliver and perform the Accession Deed and any other Finance Document to which it is a party;
(b) authorising a specified person or persons to execute the Accession Deed and other Finance Documents on its behalf;
(c) authorising a specified person or persons, on its behalf, to sign and/or despatch all other documents and notices (including, in relation to an Additional Borrower, any Utilisation Request) to be signed and/or despatched by it under or in connection with the Finance Documents to which it is a party; and
(d) authorising the Company to act as its agent in connection with the Finance Documents.
4. If applicable, a copy of a resolution of the board of directors of the Additional Guarantor, establishing the committee referred to in paragraph 3 above.
5. A specimen of the signature of each person authorised by the resolution referred to in paragraph 3 above.
6. A copy of a resolution signed by all the holders of the issued shares of the Additional Guarantor, approving the terms of, and the transactions contemplated by, the Finance Documents to which the Additional Guarantor is a party.
7. A copy of a resolution of the board of directors of each corporate shareholder of each Additional Guarantor approving the terms of the resolution referred to in paragraph 6 above.
8. A certificate of an Authorised Signatory of the Additional Guarantor confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded.
9. A certificate of an authorised signatory of the Additional Guarantor certifying that each copy document listed in this Part II of Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of the Accession Deed.
10. A copy of any other authorisation, consent, approval, resolution, licence, exemption, filing, notarisation or registration or other document, opinion or assurance which the Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document.
11. If available, the latest audited financial statements of the Additional Guarantor.
12. The following legal opinions, each addressed to the Agent, the Security Trustee and the Lenders:
(a) A legal opinion of the legal advisers to the Agent in England, as to English law in the form distributed to the Lenders prior to signing the Accession Deed.
(b) If the Additional Guarantor is incorporated in or has its “centre of main interest” or “establishment” (as referred to in Clause 26.29 (Centre of main interests and establishments)) in a jurisdiction other than England and Wales or is executing a Finance Document which is governed by a law other than English law, a legal opinion of the legal advisers to the Agent in the jurisdiction of its incorporation, “centre of main interest” or “establishment” (as applicable) or, as the case may be, the jurisdiction of the governing law of that Finance Document (the “Applicable Jurisdiction”) as to the law of the Applicable Jurisdiction and in the form distributed to the Lenders prior to signing the Accession Deed.
13. Any security documents which are required by the Agent to be executed by the proposed Additional Guarantor.
14. Any notices or documents required to be given or executed under the terms of those security documents.
15. If the Additional Guarantor is incorporated in England and Wales, Scotland or Northern Ireland evidence that the Additional Guarantor has done all that is necessary (including, without limitation, by re-registering as a private company) to comply with sections 677 to 683 of the Companies Xxx 0000 in order to enable that Additional Guarantor to enter into the Finance Documents and perform its obligations under the Finance Documents.
PART I UTILISATION REQUEST dated 20 May 2013 (as amended, the “Agreement”)
1. We refer to the Agreement. This is a Utilisation Request. Terms defined in the Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to borrow a Loan on the following terms:
(a) Borrower: [·]
(b) Proposed Utilisation Date: [·] (or, if that is not a Business Day, the next Business Day)
(c) Currency of Loan: U.S. dollars
(d) Amount: $[·](12)
(e) Interest Period: [·]
Appears in 1 contract
