Common use of Disbursement Notice Clause in Contracts

Disbursement Notice. If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out Sub-clause 4.3 (a) above, and if all other relevant Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be sent at least two (2) Business Days before the proposed Disbursement Date. A Disbursement Notice shall specify: (i) Currency(ies) and amount(s) for the Tranche; (ii) Disbursement Date; (iii) Principal Repayment Date(s), including the Maturity Date; (iv) Fixed Interest Rate or Spread to the Reference Rate; (v) Interest Payment Period and Interest Payment Dates; (vi) Day Count Convention and Business Days; and (vii) Borrower’s and CEB’s accounts for payments. If the Borrower has submitted to the CEB a Disbursement Request in which the Borrower has not proposed a Fixed Interest Rate or a Floating Interest Rate, the Borrower shall be deemed to agree in advance to the one subsequently specified by the CEB in the Disbursement Notice. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of the Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if the CEB has not delivered a Disbursement Notice within twenty (20) Business Days following the receipt of a Disbursement Request, the relevant Disbursement Request shall be deemed cancelled.

Disbursement Notice. If (a) Not less than 10 (ten) days before the CEB receives proposed Scheduled Disbursement Date of a Disbursement Request that complies with Tranche the Bank shall, if the Disbursement Request requirements set out Sub-clause 4.3 (a) aboveconforms to this Article 1.02, and if all other relevant Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be sent at least two (2) Business Days before the proposed Disbursement Date. A Disbursement Notice which shall specify: (i) Currency(ies) the currency and amount(s) for amount of the Tranche; (ii) the Scheduled Disbursement Date; (iii) Principal Repayment Date(s), including the Maturity Dateinterest rate basis for the Tranche; (iv) Fixed Interest Rate or Spread to the Reference Ratefirst interest Payment Date and the periodicity for the payment of interest for the Tranche; (v) Interest Payment Period and Interest Payment Datesthe terms for repayment of principal for the Tranche; (vi) Day Count Convention the first and Business Dayslast dates for repayment of principal for the Tranche; (vii) the applicable Payment Dates for the Tranche; (viii) the Interest Revision/Conversion Date, if any, for the Tranche; and (viiix) Borrower’s for a Fixed Rate Tranche the fixed interest rate and CEB’s accounts for paymentsa Floating Rate Tranche the Spread. (b) If one or more of the elements specified in the Disbursement Notice does not reflect the corresponding element, if any, in the Disbursement Request, the Borrower may following receipt of the Disbursement Notice revoke the Disbursement Request by written notice to the Bank to be received no later than 12h00 Luxembourg time on the next Business Day and thereupon the Disbursement Request and the Disbursement Notice shall be of no effect. If the Borrower has submitted not revoked in writing the Disbursement Request within such period, the Borrower will be deemed to have accepted all elements specified in the Disbursement Notice. (c) If the Borrower has presented to the CEB Bank a Disbursement Request in which the Borrower has not proposed a Fixed Interest Rate or a Floating Interest Ratespecified the elements referred to in Article 1.02B(b), the Borrower shall will be deemed to agree have agreed in advance to the one corresponding element as subsequently specified by the CEB in the Disbursement Notice. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of the Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if the CEB has not delivered a Disbursement Notice within twenty (20) Business Days following the receipt of a Disbursement Request, the relevant Disbursement Request shall be deemed cancelled.

Disbursement Notice. If the CEB receives a Disbursement Request that complies with the Disbursement Request requirements set out in Sub-clause 4.3 (a4.3(a) above, and if all other relevant Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver to the Borrower a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be sent delivered at least two (2) Business Days before the proposed Disbursement Date. A Disbursement Notice shall specify: (i) the Currency(ies) and the amount(s) for the Tranche; (ii) the Disbursement Date; (iii) the Principal Repayment Period and Principal Repayment Date(s), including the Maturity Date; (iv) the Fixed Interest Rate or the Spread to the Reference Rate; (v) the Interest Payment Period and the Interest Payment Dates; (vi) the Day Count Convention and the Business Days; and (vii) the Borrower’s and CEB’s accounts for payments. If the Borrower has submitted to the CEB a Disbursement Request in which the Borrower has not proposed a Fixed Interest Rate or a Floating Interest Rate, the Borrower shall be deemed to agree in advance to the one subsequently specified by the CEB in the Disbursement Notice. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of the Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if the CEB has not delivered a Disbursement Notice within twenty (20) Business Days following the receipt of a Disbursement Request, the relevant Disbursement Request shall be deemed as cancelled.

Disbursement Notice. If the CEB receives (1) From time to time, Recipient may submit a Disbursement Request that complies with the Disbursement Request requirements set out Sub-clause 4.3 written notice of a claim (a) above"Claim"), and if all other relevant Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrower, the CEB shall deliver subject to the Borrower terms and provisions of Section 3 of the Assignment Agreement, to the Escrow Agent and Depositor, which notice shall include an amount as to which Recipient claims payment from the Escrow Funds (a disbursement notice substantially in the form set out under Appendix 3 hereto (hereinafter, a “"Disbursement Notice”"). Each Unless Depositor, by written notice (a "Disbursement Notice shall be sent at least two (2Objection Notice") Business Days before the proposed Disbursement Date. A Disbursement Notice shall specify: (i) Currency(ies) and amount(s) for the Tranche; (ii) Disbursement Date; (iii) Principal Repayment Date(s), including the Maturity Date; (iv) Fixed Interest Rate or Spread to the Reference Rate; (v) Interest Payment Period Escrow Agent and Interest Payment Dates; (vi) Day Count Convention and Business Days; and (vii) Borrower’s and CEB’s accounts for payments. If the Borrower has submitted Recipient, objects to the CEB a Disbursement Request in which the Borrower has not proposed a Fixed Interest Rate or a Floating Interest Rate, the Borrower shall be deemed to agree in advance to the one subsequently specified by the CEB in the Disbursement Notice. A Disbursement Notice matching the elements included payment requested in a Disbursement Request shall constitute an irrevocable and unconditional commitment on Notice within fifteen (15) calendar days after such Disbursement Notice is received by Depositor (the part "Disbursement Objection Period"), the Escrow Agent shall, within three business days after expiration of the Borrower to borrow Disbursement Objection Period, release funds from the CEB and on Escrow Funds in the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions amount specified in the Disbursement Notice, to the extent claim does not exceed the Escrow Funds, to Recipient in immediately available funds. Notwithstanding the above, if the CEB has not delivered If a Disbursement Objection Notice within twenty shall object as to less than the entire amount of the payment subject to the Disbursement Notice, then the Escrow Agent shall release such amount specified in the Disbursement Notice (20less the amount objected to in the Disbursement Objection Notice) Business Days following in the manner aforesaid. If Depositor provides a Disbursement Objection Notice in the manner aforesaid, the Escrow Agent will not transfer funds from the Escrow Funds (to the extent specified in the Disbursement Objection Notice) until the receipt by the Escrow Agent of (i) a Joint Written Objection (as defined herein) or (ii) a Final Order (as hereinafter defined) providing for a release from the Escrow Funds in respect of the Disbursement Notice. For purposes of this Agreement, a "Final Order" shall mean a final order, judgment or decree of a Disbursement Requestcourt of competent jurisdiction, the relevant Disbursement Request shall be deemed cancelledwhich order, judgment or decree is not subject to appeal.

Disbursement Notice. If Buyer believes in good faith that it is entitled to draw funds from the CEB receives Post-Closing Reserve for Stated Expenditures, it shall deliver a written notice ('Disbursement Request Notice') to Escrow Holder, with a copy to Seller. The Disbursement Notice shall (i) state the amount of disbursement Buyer is seeking, (ii) specify the date such disbursement should be made (which shall be no sooner than three (3) Business Days after the date the Disbursement Notice is delivered to Escrow Holder), (3) contain Buyer's statement that complies Buyer has previously incurred (and has not been reimbursed for) $2,500,000 of its own funds for Stated Expenditures, and that the requested disbursement is to pay or reimburse Buyer for additional Stated Expenditures reasonably incurred by Buyer to the extent reimbursable under this Section 11.2.3, (4) be signed by Buyer and (5) be accompanied by copies of reasonable back-up documentation (such as invoices and/or copies of checks) identifying the expenditures for which the disbursement will be used and showing that such expenditures have been paid or are payable. Except as expressly provided in Section 11.2.3.3, below, Escrow Holder shall disburse funds from the Post-Closing Reserve to Buyer (or as otherwise directed by Buyer) in accordance with any Disbursement Notice delivered by Buyer to Escrow, and Buyer and Seller hereby irrevocably instruct Escrow Holder to make such disbursement. Escrow Holder shall have no obligation or right to verify or question the accuracy or sufficiency of information set forth in or accompanying any Disbursement Notice. In addition, no consent or further instructions from Seller shall be required as a condition to any such disbursement and, except as expressly provided in Section 11.2.3.3, below, such disbursement shall be made notwithstanding any contrary instructions that may be delivered by Seller to Escrow Holder. In the event Seller disputes any Disbursement Notice or Buyer's entitlement to funds from the Post- Closing Reserve, Seller shall not be entitled to prevent disbursement in accordance with the Disbursement Request requirements set out Sub-clause 4.3 (a) aboveNotice, and if all whether through demand made upon Escrow Holder or by injunction or other relevant Disbursement Conditions as defined in Sub-clause 4.5 (Disbursement Conditions) below have been fulfilled by the Borrowerequitable remedy, the CEB shall deliver but Seller may cause certain future disbursements to be suspended pending resolution of such dispute to the Borrower a disbursement notice substantially extent expressly provided in the form set out under Appendix 3 hereto (hereinafter, a “Disbursement Notice”). Each Disbursement Notice shall be sent at least two (2) Business Days before the proposed Disbursement Date. A Disbursement Notice shall specify: (i) Currency(ies) and amount(s) for the Tranche; (ii) Disbursement Date; (iii) Principal Repayment Date(s), including the Maturity Date; (iv) Fixed Interest Rate or Spread to the Reference Rate; (v) Interest Payment Period and Interest Payment Dates; (vi) Day Count Convention and Business Days; and (vii) Borrower’s and CEB’s accounts for payments. If the Borrower has submitted to the CEB a Disbursement Request in which the Borrower has not proposed a Fixed Interest Rate or a Floating Interest Rate, the Borrower shall be deemed to agree in advance to the one subsequently specified by the CEB in the Disbursement Notice. A Disbursement Notice matching the elements included in a Disbursement Request shall constitute an irrevocable and unconditional commitment on the part of the Borrower to borrow from the CEB and on the part of the CEB to disburse to the Borrower the Tranche under the terms and conditions specified in the Disbursement Notice. Notwithstanding the above, if the CEB has not delivered a Disbursement Notice within twenty (20) Business Days following the receipt of a Disbursement Request, the relevant Disbursement Request shall be deemed cancelled.Section 11.2.3.3