Common use of Conditions to Utilisation of Swingline Facilities Clause in Contracts

Conditions to Utilisation of Swingline Facilities. Save as otherwise provided in this Agreement, a Swingline Facility Advance will be made by the respective Swingline Facility Lenders to a Borrower at such Borrower’s request if: (a) the Agent has received from that Borrower a duly completed Utilisation Request stating whether the proposed Swingline Facility Advance is a Dollar Swingline Facility Advance or a Euro Swingline Facility Advance: (i) in the case of a Dollar Swingline Facility Advance, not later than 12.00 p.m. (New York time) on the proposed Utilisation Date for such Advance; or (ii) in the case of a Euro Swingline Facility Advance, not later than 12.00 p.m. (London time) on the proposed Utilisation Date for such Advance, receipt of which shall oblige that 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 Swingline 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 Swingline Facility Advance which is or precedes the relevant Termination Date; (c) the proposed Euro Amount of such Swingline Facility Advance is (i) equal to the amount of the corresponding Available Swingline Facility or (ii) less than such amount but equal to, or an integral multiple of (A) in the case of a Dollar Swingline Advance, $100,000 and (B) in the case of a Euro Swingline Advance, €100,000; (d) the aggregate amount of Revolving Facility Outstandings and Swingline Facility Outstandings would not, immediately after making such Swingline Facility Advance, exceed the aggregate Revolving Facility Commitments of the Revolving Facility Lenders; (e) the proposed Term of the Swingline Facility Advance requested is a period not exceeding 3 months ending on or before the Final Maturity Date in respect of the Revolving Facility; (f) the Utilisation Request is sent to the Agent at the address referred to in Clause 42 (Notices and Delivery of Information) and confirmed by a telephone call to the telephone number referred to in Clause 42 (Notices and Delivery of Information); and (g) Without in any way limiting the obligation of that Borrower set out in paragraph (f) above, the Agent may act without liability upon the basis of a telephone call of such Utilisation believed by the Agent in good faith to be from an Authorised Representative of that Borrower prior to receipt of the Utilisation Request. In each such case, that Borrower hereby waives the right to dispute the Agent’s record of the terms of such telephone call in the absence of manifest error.

Conditions to Utilisation of Swingline Facilities. Save as otherwise provided in this Agreement, a Swingline Facility Advance will be made by the respective Swingline Facility Lenders to a the Borrower at such the Borrower’s request if: (a) the Agent has received from that the Borrower a duly completed Utilisation Request stating whether the proposed Swingline Facility Advance is a Dollar Swingline Facility Advance or a Euro Swingline Facility Advance: (i) in the case of a Dollar Swingline Facility Advance, not later than 12.00 p.m. (New York time) on the proposed Utilisation Date for such Advance; or (ii) in the case of a Euro Swingline Facility Advance, not later than 12.00 p.m. (London time) on the proposed Utilisation Date for such Advance, receipt of which shall oblige that 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 Swingline 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 Swingline Facility Advance which is or precedes the relevant Termination Date; (c) the proposed Euro Amount of such Swingline Facility Advance is (i) equal to the amount of the corresponding Available Swingline Facility or (ii) less than such amount but equal to, or an integral multiple of (A) in the case of a Dollar Swingline Advance, $100,000 and (B) in the case of a Euro Swingline Advance, €100,000; (d) the aggregate amount of Revolving Facility Outstandings and Swingline Facility Outstandings would not, immediately after making such Swingline Facility Advance, exceed the aggregate Revolving Facility Commitments of the Revolving Facility Lenders; (e) the proposed Term of the Swingline Facility Advance requested is a period not exceeding 3 months ending on or before the Final Maturity Date in respect of the Revolving Facility; (f) the Utilisation Request is sent to the Agent at the address referred to in Clause 42 (Notices and Delivery of Information) and confirmed by a telephone call to the telephone number referred to in Clause 42 (Notices and Delivery of Information); and (g) Without in any way limiting the obligation of that the Borrower set out in paragraph (f) above, the Agent may act without liability upon the basis of a telephone call of such Utilisation believed by the Agent in good faith to be from an Authorised Representative of that the Borrower prior to receipt of the Utilisation Request. In each such case, that the Borrower hereby waives the right to dispute the Agent’s record of the terms of such telephone call in the absence of manifest error.

Conditions to Utilisation of Swingline Facilities. Save as otherwise provided in this Agreement, a Swingline Facility Advance will be made by the respective Swingline Facility Lenders to a the Borrower at such the Borrower’s request if: (a) the Agent has received from that the Borrower a duly completed Utilisation Request stating whether the proposed Swingline Facility Advance is a Dollar Swingline Facility Advance or a Euro Swingline Facility Advance: (i) in the case of a Dollar Swingline Facility Advance, not later than 12.00 p.m. (New York time) on the proposed Utilisation Date for such Advance; or (ii) in the case of a Euro Swingline Facility Advance, not later than 12.00 p.m. (London time) on the proposed Utilisation Date for such Advance, receipt of which shall oblige that 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 Swingline 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 Swingline Facility Advance which is or precedes the relevant Termination Date; (c) the proposed Euro Amount of such Swingline Facility Advance is (i) equal to the amount of the corresponding Available Swingline Facility or (ii) less than such amount but equal to, or an integral multiple of (A) in the case of a Dollar Swingline Advance, $100,000 and (B) in the case of a Euro Swingline Advance, €100,000; (d) the aggregate amount of Revolving Facility Outstandings and Swingline Facility Outstandings would not, immediately after making such Swingline Facility Advance, exceed the aggregate Revolving Facility Commitments of the Revolving Facility Lenders; (e) the proposed Term of the Swingline Facility Advance requested is a period not exceeding 3 months ending on or before the Final Maturity Date in respect of the Revolving Facility; (fe) the Utilisation Request is sent to the Agent at the address referred to in Clause 42 (Notices and Delivery of Information) and confirmed by a telephone call to the telephone number referred to in Clause 42 (Notices and Delivery of Information); and (gf) Without in any way limiting the obligation of that the Borrower set out in paragraph (fe) above, the Agent may act without liability upon the basis of a telephone call of such Utilisation believed by the Agent in good faith to be from an Authorised Representative of that the Borrower prior to receipt of the Utilisation Request. In each such case, that the Borrower hereby waives the right to dispute the Agent’s record of the terms of such telephone call in the absence of manifest error.