Conditions to Utilisation Clause Samples
The 'Conditions to Utilisation' clause defines the specific requirements that must be satisfied before a borrower can access funds under a loan agreement. Typically, these conditions include the delivery of certain documents, evidence of compliance with legal or financial covenants, or confirmation that no default has occurred. By setting these prerequisites, the clause ensures that the lender's risk is minimized and that the borrower meets all necessary obligations before any funds are disbursed.
Conditions to Utilisation. Save as otherwise provided in this Agreement, an Advance will be made by the Lenders to a Borrower or a Documentary Credit will be issued by an L/C Bank at a Borrower’s (other than the US Borrower’s) request if:
(a) in the case of an Advance, the Facility Agent has received from such Borrower a duly completed Utilisation Request in the relevant form, and in the case of a Documentary Credit, both the Facility Agent and the L/C Bank have received from a Borrower (other than the US Borrower) a duly completed Utilisation Request in the relevant form, in each case, no earlier than the day which is 10 Business Days and no later than 2:00 p.m. on the day which is 3 Business Days (or in the case of any Documentary Credit which is not or will not be in the form of Schedule 12 (Form of Documentary Credit), no later than 2:00 p.m. on the day which is 5 Business Days) prior to the proposed Utilisation Date for such Advance or Documentary Credit, receipt of which shall oblige such Borrower to utilise the amount requested on the Utilisation Date stated therein upon the terms and subject to the conditions contained in this Agreement;
(b) the proposed Utilisation Date is a Business Day for the proposed currency of the Advance or Documentary Credit, as the case may be, which is or precedes the relevant Termination Date;
(c) in the case of a Utilisation by way of Term Facility Advance, such Utilisation would result in the maximum principal amount of the Term Facility Advance being utilised, or in the case of a Utilisation by way of a RCF Facility Advance, such Utilisation occurs on or after the maximum principal amount of the Term Facility being utilised and, the proposed Sterling Amount of such RCF Facility Advance is (i) equal to the amount of the Available RCF Facility Commitment at such time, or (ii) less than such amount but equal to a minimum of £5 million, or an integral multiple of £1 million;
(d) in the case of a Utilisation by way of Documentary Credit, the proposed Sterling Amount of such Documentary Credit is (i) equal to the amount of the Available RCF Facility or (ii) less than such amount but equal to or more than £1 million or such lesser amount as the L/C Bank may agree;
(e) in the case of a Utilisation by way of an RCF Facility Advance:
(i) prior to the Termination Date in respect of the Revolving Facility, the Revolving Facility and Secondary Revolving Facility shall be utilised at all times together, pro rata to the respective Commitments thereunder, as ...
Conditions to Utilisation. The obligation of the Subordinated Loan Provider to make available any Subordinated Loan Advance under this Agreement shall be subject to the fulfilment on or prior to each Utilisation Date of the following conditions:
(a) a request for a Subordinated Loan Advance as set out in Clause 5 below has been served;
(b) the aggregate amount outstanding under the Subordinated Loan Facility including the relevant requested Subordinated Loan Advance on such date does not exceed the amount specified in Clause 2.2 above;
(c) other than in case a Subordinated Loan Advance is requested for the purpose of paying the purchase price for New Mortgage Receivables and Substitution Assets, no Issuer Acceleration Notice has been served nor a CBC Event of Default has occurred; and
(d) the request is made for the purpose set out in Clause 3.1 only.
Conditions to Utilisation. 5.1 Initial conditions precedent
(a) The Lender will only be obliged to make the Loan available if on or before the Utilisation Date the Lender has received all of the documents and other evidence listed in Part I and Part II of Schedule 1 (Conditions precedent) in form and substance satisfactory to the Lender. The Lender shall notify the Borrower promptly upon being so satisfied.
(b) The Lender is free to waive the requirement to receive any (or all) of the documents and other evidence listed in Part I and Part II of Schedule 1 (Conditions precedent). Such waiver is only valid and effective if made in writing.
Conditions to Utilisation. 5.1 Initial conditions precedent
(a) Subject to Clause 5.3 (Special Reserves), Lenders will only be obliged to comply with Clause 6.4 (Lenders’ participation) in relation to the Utilisation if on or before Utilisation the Agent has received all of the documents and other evidence listed in Part B of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting on the instructions of the Original Lenders, acting reasonably), unless waived by the Agent on such terms as the Agent (acting on the instructions of the Original Lenders) considers fit. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.
(b) Other than to the extent that the Original Lenders notify the Agent in writing to the contrary before the Agent gives the notification described in paragraph (a) above, the Lenders authorise (but do not require) the Agent to give that notification. The Agent shall not be liable for any damages, costs or losses whatsoever as a result of giving any such notification.
(c) The Agent may refuse to accept a Utilisation Request if the Agent believes that the notification described in paragraph (a) above will not be capable of being given on or before Utilisation.
Conditions to Utilisation. Save as otherwise provided in this Agreement, an Advance will be made by the Lenders to a Borrower if:
(a) the Facility Agent has received from such Borrower a duly completed Utilisation Request in the relevant form no later than the Specified Time, receipt of which shall oblige such Borrower to utilise the amount requested on the Utilisation Date stated therein upon the terms and subject to the conditions contained in this Agreement;
(b) in the case of an Advance (other than an Additional Facility Advance) to be made following the Closing Date, for the purposes of a Margin Ratchet calculation the Facility Agent has received from Bidco a certificate signed by an authorised officer of Bidco establishing at the date of such certificate the ratios of: (i) Senior Net Debt to Annualised EBITDA and (ii) Total Net Debt to Annualised EBITDA, in each case, for the immediately preceding Ratio Period but after giving pro forma effect to such Advance and the use of any proceeds of such Advance;
(c) the proposed Utilisation Date is a Business Day for the proposed currency of the Advance, as the case may be, which is within the Availability Period and is or precedes the relevant Termination Date;
(d) as a result of the proposed Utilisation:
(i) in the case of a Utilisation by way of a US$ B4 Facility Advance, immediately after the making of such Advance there will be no more than 10 US$ B4 Facility Loans outstanding;
(ii) in the case of a Utilisation by way of a EUR B4 Facility Advance, immediately after the making of such Advance there will be no more than 10 EUR B4 Facility Loans outstanding;
(iii) in the case of a Utilisation by way of a Revolving Facility Advance, immediately after the making of such Advance there will be no more than 25 Revolving Facility Advances then outstanding;
(e) in the case of a Utilisation by way of a Revolving Facility Advance, the proposed Euro Amount (or its equivalent) of such Revolving Facility Advance is: (i) a minimum of €5,000,000 or an integral multiple of €1,000,000 or (ii) if less, equal to the amount of the Available Revolving Facility Commitment at such time;
(f) the Utilisation Date for a Revolving Facility Advance is on a date not earlier than the first Utilisation Date under a Term Facility;
(g) in the case of any Utilisation, on the date of the Utilisation Request and the proposed Utilisation Date:
(i) in the case of a Rollover Advance, the Facility Agent shall not have received instructions from a Revolving Facility Instru...
Conditions to Utilisation. Each of the Initial Conditions Precedent identified in Part1A of Schedule 2 to the Senior Facilities Agreement (Conditions Precedent) To: [THE LENDER] [—] [—] By fax: [—] Attention: [—] From: [THE BORROWER] Dear Sirs, [BORROWER] - R[—] Credit Agreement, dated [—] (the Agreement)
Conditions to Utilisation. The obligation of the Subordinated Loan Provider to make available any Subordinated Loan Advance under this Agreement shall be subject to the fulfilment on or prior to each Utilisation Date of the following conditions:
a) a request for a Subordinated Loan Advance as set out in Clause 5 below has been served;
b) the aggregate amount outstanding under the Subordinated Loan Facility including the relevant Subordinated Loan Advance on such date does not exceed EUR 7,500,000,000;
c) other than in case a Subordinated Loan Advance is requested for the purpose of paying the purchase price for New Mortgage Receivables, no Issuer Acceleration Notice has been served nor a CBC Event of Default has occurred.
Conditions to Utilisation. Utilisation of the Facility is subject to the further conditions precedent that both on the date of the Credit Request and on the relevant Drawing Date:
(A) no Event of Default or Potential Event of Default has occurred and is continuing or would occur as a result of making the Credit available or permitting the utilisation; and
(B) each of the warranties deemed to be repeated in clause 8 remains accurate in all material respects at the Drawing Date as if given on that date by reference to the facts and circumstances then existing.
Conditions to Utilisation. Subject to Clause 4.4 (Certain Funds), the Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation), if on the date of the Utilisation Request and on the relevant Utilisation Date:
(a) no Event of Default or Default is continuing or would occur as a result of the proposed Utilisation; and
(b) the Repeating Representations that are stipulated to be made by an Obligor on the relevant Utilisation Date are true and accurate (in all material respects in the case of Repeating Representations to which a materiality test is not already applied in accordance with their terms) by reference to the facts then subsisting and will remain true and accurate immediately after the Utilisation.
Conditions to Utilisation. Save as otherwise provided in this Agreement, an Initial Loan will be made by the Lenders to the Borrower if:
(a) the Facility Agent has received from the Borrower a duly completed Utilisation Request in the relevant form no later than the Specified Time, receipt of which shall oblige the Borrower to utilise the amount requested on the Utilisation Date stated therein upon the terms and subject to the conditions contained in this Agreement;
(b) the proposed Utilisation Date is a Business Day within the Availability Period;
(c) the proposed Interest Period complies with Clause 10 (Interest Periods);
(d) the currency specified in the Utilisation Request must be euros; and
(e) the amount of the proposed Utilisation must be at least €500,000.