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Conditions to Utilisation Sample Clauses

Conditions to UtilisationSave as otherwise provided in this Agreement, an Advance (other than a Swingline Facility Advance or an Incremental Term Facility Advance) will be made by the Lenders to the Borrower or a Documentary Credit will be issued by an L/C Bank at the Borrower’s request if: (a) the Agent has received from the Borrower a duly completed Utilisation Request stating whether the proposed Utilisation is to be by way of Advance or Documentary Credit not later than 9.30 a.m. on a day which is: (i) no more than 10 nor less than 2 Business Days prior to the proposed Utilisation Date for such Advance; or (ii) no more than 10 nor less than 4 Business Days prior to the proposed Utilisation Date for such Documentary Credit, receipt of which shall oblige the Borrower to borrow the amount requested on the date stated upon the terms and subject to the conditions contained in this Agreement provided that no Utilisation Request under the Revolving Facility shall be made prior to the first Utilisation Request under the Term Facilities; (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 an A Facility Advance, the proposed Euro Amount of such Advance is equal to €120,000,000; (d) in the case of a Utilisation by way of a B1 Facility Advance, the proposed Euro Amount of such Advance is equal to €305,000,000 (it being agreed that the equivalent in dollars is an amount equal to $380,000,000); (e) in the case of a Utilisation by way of a B2 Facility Advance, the proposed Euro Amount of such Advance is equal to €50,000,000; (f) in the case of a Utilisation by way of a Revolving Facility Advance, the proposed Euro Amount of such Advance is (i) equal to the amount of the corresponding Available Revolving Facility (minus the Unavailable Revolving Facility Amount (if any)) or (ii) less than such amount but equal to, or an integral multiple of, €1,000,000; (g) in the case of a Utilisation by way of Documentary Credit, the proposed Euro Amount of such Documentary Credit is equal to or less than the amount of the Available Revolving Facility (minus the Unavailable Revolving Facility Amount (if any)); (h) in the case of a Utilisation by way of a Revolving Facility Advance, (i) at any time prior to the Syndication Date, immediately after the making of such Advance there will be no more than 3 Revolving Facility Advances out...
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. (a) The obligations of each Senior Finance Party to the Borrowers under the Senior Finance Documents are subject to the Facility Agent having confirmed to the Borrowers and the other Senior Finance Parties that it has received, or it is satisfied that it will have received: (i) evidence in the form of the latest Drawdown Report that: (A) each Obligor has Sufficient Liquid Assets; (B) in respect of those Projects which have not achieved Project Completion, each Obligor has Sufficient Assets; (C) in respect of each of its Projects which have not achieved Project Completion and in respect of which all or part of an Advance is to be calculated, each Obligor has incurred Paid Project Costs in relation to each such Project as permitted under the relevant Real Estate Package of not less than 35 per cent. of Budgeted Costs set out in that Real Estate Package for each such Project; and (D) the requirements of Clause 15.3(g) (Hedging) have been complied with, in each case, unless waived in writing by the Facility Agent acting on the instructions of the Majority Lenders and in form and substance satisfactory to the Facility Agent. (b) The Lenders shall have no obligation to make an Advance available to a Borrower unless, on both the date of the relevant Utilisation Request and the relevant Utilisation Date: (i) no Default is continuing or would result from the proposed Utilisation; (ii) the representations and warranties deemed repeated by Clause 14.2 (Time for making representations and warranties) on those dates are true and accurate and will remain so immediately after the Advance is made. (c) The Lenders shall have no obligation to make an Advance available to a Borrower unless, in respect of each Project which has not achieved Project Completion in relation to which such Advance is to be calculated: (i) the Facility Agent has received (in form and substance satisfactory to it) in relation to each such Project and the Property on which it is situated: (A) a Real Estate Package; (B) an Initial Construction Cost Report confirming the matters referred to in paragraphs (e) and (f) of Clause 17.3 (Property and Project characteristics); (C) an Initial Valuation confirming the matters referred to in paragraph (g) of Clause 17.3 (Property and Project characteristics); and (D) an Environmental Confirmation Package confirming the matters referred to in paragraph (h) of Clause 17.3 (Property and Project characteristics), together with a certificate from an authorised signat...
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. 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. (a) Subject to Clause 4.5 (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: (i) no Event of Default or Default is continuing or would occur as a result of the proposed Utilisation; and (ii) 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. (b) The conditions specified in paragraph (a) above shall not apply to Rollover Loans unless the Facility Agent has served a notice pursuant to Clause 30.21 (Acceleration) after the applicable Certain Funds Period has ended.
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 UtilisationSave 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.
Conditions to UtilisationSubject 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 UtilisationThe Borrower may not deliver a Utilisation Request unless the Lender has received all of the documents and other evidence listed in Schedule 1 (Conditions precedent) in form and substance satisfactory to the Lender.