Conditions to first drawdown. Each Borrower agrees not to request the first drawdown, and a Financier is not obliged to provide the first drawdown, unless: (a) all the conditions precedent listed in clause 3 (“Conditions precedent”) of the Common Terms Deed Poll have been either satisfied or waived in accordance with that agreement; and (b) a completed Facility Nomination Letter nominating this agreement as a Facility Agreement has been received by the Financier.
Appears in 2 contracts
Samples: Bullet Facility Agreement (Hardie James Industries Nv), Bullet Facility Agreement (Hardie James Industries Nv)
Conditions to first drawdown. Each The Borrower agrees not to request the first drawdown, and a Financier is not obliged to provide the first drawdown, unless:
(a) all the conditions precedent listed in clause 3 (“"Conditions precedent”") of the Common Terms Deed Poll have been either satisfied or waived in accordance with that agreement; and
(b) a completed Facility Nomination Letter nominating this agreement as a Facility Agreement has been received by the Financier.
Appears in 2 contracts
Samples: 364 Day Facility Agreement (Hardie James Industries Nv), Term Facility Agreement (Hardie James Industries Nv)
Conditions to first drawdown. Each The Borrower agrees not to request the first drawdown, and a Financier is not obliged to provide the first drawdown, unless:
(a) all the conditions precedent listed in clause 3 (“Conditions precedent”) of the Common Terms Deed Poll have been either satisfied or waived in accordance with that agreement; and
(b) a completed Facility Nomination Letter nominating this agreement as a Facility Agreement has been received by the Financier.
Appears in 1 contract
Samples: 364 Day Facility Agreement (James Hardie Industries N.V.)
Conditions to first drawdown. Each [The / Each] Borrower agrees not to request the first drawdown, and a Financier is not obliged to provide the first drawdown, unless:
(a) all the conditions precedent listed in clause 3 (“Conditions precedent”) of the Common Terms Deed Poll have been either satisfied or waived in accordance with that agreement; and
(b) a completed Facility Nomination Letter nominating this agreement as a Facility Agreement has been received by the Financier.
Appears in 1 contract
Samples: Bullet Facility Agreement (James Hardie Industries Se)
Conditions to first drawdown. Each The Borrower agrees not to request the first drawdown, and a Financier is not obliged to provide the first drawdown, unless:
(a) all the conditions precedent listed in clause 3 (“Conditions precedent”) of the Common Terms Deed Poll have been either satisfied or waived in accordance with that agreement; and
(b) a completed Facility Nomination Letter nominating this agreement as a Facility Agreement has been received by the Financier.. Ó Mallesons Xxxxxxx Xxxxxx 10065177_4 Xxxxx Xxxxxx — Term Facility Agreement
Appears in 1 contract
Samples: Term Facility Agreement (James Hardie Industries Se)
