Common use of DRAWDOWN CONDITIONS RELATING TO AN Clause in Contracts

DRAWDOWN CONDITIONS RELATING TO AN. INTERCOMPANY LOAN: Save as otherwise provided in the relevant Intercompany Loan Agreement, an Intercompany Loan will be made available by an Issuer to Funding on the relevant Closing Date if: (a) the Notes have been issued by such Issuer and the subscription proceeds have been received by or on behalf of such Issuer; (b) not later than 17.00 (London time) on such Closing Date (or such later time as may be agreed by Funding, such Issuer and the Security Trustee), such Issuer has received from Funding a Drawdown Notice requesting a drawing under an Intercompany Loan Agreement (with copy of such Drawdown Notice to the Security Trustee), receipt of which shall (subject to the terms of such Intercompany Loan Agreement and to the issue of the Notes by such Issuer) oblige Funding to borrow the whole of the amount requested in the Drawdown Notice on the date stated in the Drawdown Notice (which shall be the 4 Closing Date) upon the terms and subject to the conditions contained in such Intercompany Loan Agreement; (c) Funding has confirmed in the relevant Drawdown Notice that: (i) no Intercompany Loan Event of Default has occurred and is continuing unremedied (if capable of remedy) or unwaived or would result from the making of such Intercompany Loan; (ii) the representations set out in Clause 12 (Representations and warranties of Funding) are true on and as of the Closing Date by reference to the facts and circumstances then existing; (d) the aggregate principal amount of such Intercompany Loan to be drawn on the Drawdown Date would not exceed the amount available for drawing under such Intercompany Loan Agreement as at the relevant Drawdown Date; (e) a group income election has been made under Section 247 of the Income and Corporation Taxes Act 1988, as amended, in relation to Funding and sxxx Xxxxer , provided that such election will only be required to the extent necessary in order that payments of interest can be made by Funding to an Issuer without there being a requirement to deduct income tax at source; and (f) Funding has delivered to the Security Trustee a solvency certificate in form and substance satisfactory to the Security Trustee and substantially in the form set out in Schedule 2 to these Intercompany Loan Terms and Conditions.

Appears in 2 contracts

Samples: Intercompany Loan Terms and Conditions (Granite Mortgages 04-3 PLC), Intercompany Loan Terms and Conditions (Granite Mortgages 04-1 PLC)

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DRAWDOWN CONDITIONS RELATING TO AN. INTERCOMPANY LOAN: Save as otherwise provided in the relevant Intercompany Loan Agreement, an Intercompany Loan will be made available by an Issuer to Funding on the relevant Closing Date if: (a) the Notes have been issued by such Issuer and the subscription proceeds have been received by or on behalf of such Issuer; (b) not later than 17.00 (London time) on such Closing Date (or such later time as may be agreed by Funding, such Issuer and the Security Trustee), such Issuer has received from Funding a Drawdown Notice requesting a drawing under an Intercompany Loan Agreement (with copy of such Drawdown Notice to the Security Trustee), receipt of which shall (subject to the terms of such Intercompany Loan Agreement and to the issue of the Notes by such Issuer) oblige Funding to borrow the whole of the amount requested in the Drawdown Notice on the date stated in the Drawdown Notice (which shall be the 4 Closing Date) upon the terms and subject to the conditions contained in such Intercompany Loan Agreement; (c) Funding has confirmed in the relevant Drawdown Notice that: (i) no Intercompany Loan Event of Default has occurred and is continuing unremedied (if capable of remedy) or unwaived or would result from the making of such Intercompany Loan; (ii) the representations set out in Clause 12 (Representations and warranties of Funding) are true on and as of the Closing Date by reference to the facts and circumstances then existing; (d) the aggregate principal amount of such Intercompany Loan to be drawn on the Drawdown Date would not exceed the amount available for drawing under such Intercompany Loan Agreement as at the relevant Drawdown Date; (e) a group income election has been made under Section 247 of the Income and Corporation Taxes Act 1988, as amended, in relation to relxxxxx xx Funding and sxxx Xxxxer such Issuer , provided that such election will only be required to the extent necessary in order that payments of interest can be made by Funding to an Issuer without there being a requirement to deduct income tax at source; and (f) Funding has delivered to the Security Trustee a solvency certificate in form and substance satisfactory to the Security Trustee and substantially in the form set out in Schedule 2 to these Intercompany Loan Terms and Conditions.

Appears in 1 contract

Samples: Intercompany Loan Terms and Conditions (Granite Mortgages 03-2 PLC)

DRAWDOWN CONDITIONS RELATING TO AN. INTERCOMPANY LOAN: Save as otherwise provided in the relevant Intercompany Loan Agreement, an Intercompany Loan will be made available by an Issuer to Funding on the relevant Closing Date if: (a) the Notes have been issued by such Issuer and the subscription proceeds have been received by or on behalf of such Issuer; (b) not later than 17.00 (London time) on such Closing Date (or such later time as may be agreed by Funding, such Issuer and the Security Trustee), such Issuer has received from Funding a Drawdown Notice requesting a drawing under an Intercompany Loan Agreement (with copy of such Drawdown Notice to the Security Trustee), receipt of which shall (subject to the terms of such Intercompany Loan Agreement and to the issue of the Notes by such Issuer) oblige Funding to borrow the whole of the amount requested in the Drawdown Notice on the date stated in the Drawdown Notice (which shall be the 4 Closing Date) upon the terms and subject to the conditions contained in such Intercompany Loan Agreement; (c) Funding has confirmed in the relevant Drawdown Notice that: (i) no Intercompany Loan Event of Default has occurred and is continuing unremedied (if capable of remedy) or unwaived or would result from the making of such Intercompany Loan; (ii) the representations set out in Clause 12 (Representations and warranties of Funding) are true on and as of the Closing Date by reference to the facts and circumstances then existing; (d) the aggregate principal amount of such Intercompany Loan to be drawn on the Drawdown Date would not exceed the amount available for drawing under such Intercompany Loan Agreement as at the relevant Drawdown Date; (e) a group income election has been made under Section 247 of the Income and Corporation Taxes Act 1988, as amended, in relation to Funding and sxxx Xxxxer such Issuer , provided that such election will only be required to the extent necessary in order that payments of interest can be made by Funding to an Issuer without there being a requirement to deduct income tax at source; and (f) Funding has delivered to the Security Trustee a solvency certificate in form and substance satisfactory to the Security Trustee and substantially in the form set out in Schedule 2 to these Intercompany Loan Terms and Conditions.

Appears in 1 contract

Samples: Intercompany Loan Terms and Conditions (Granite Mortgages 03-2 PLC)

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DRAWDOWN CONDITIONS RELATING TO AN. INTERCOMPANY LOAN: Save as otherwise provided in the relevant Intercompany Loan Agreement, an Intercompany Loan will be made available by an Issuer to Funding on the relevant Closing Date if: (a) the Notes have been issued by such Issuer and the subscription proceeds have been received by or on behalf of such Issuer; (b) not later than 17.00 (London time) on such Closing Date (or such later time as may be agreed by Funding, such Issuer and the Security Trustee), such Issuer has received from Funding a Drawdown Notice requesting a drawing under an Intercompany Loan Agreement (with copy of such Drawdown Notice to the Security Trustee), receipt of which shall (subject to the terms of such Intercompany Loan Agreement and to the issue of the Notes by such Issuer) oblige Funding to borrow the whole of the amount requested in the Drawdown Notice on the date stated in the Drawdown Notice (which shall be the 4 Closing Date) upon the terms and subject to the conditions contained in such Intercompany Loan Agreement; (c) Funding has confirmed in the relevant Drawdown Notice that: (i) no Intercompany Loan Event of Default has occurred and is continuing unremedied (if capable of remedy) or unwaived or would result from the making of such Intercompany Loan; (ii) the representations set out in Clause 12 (Representations and warranties of Funding) are true on and as of the Closing Date by reference to the facts and circumstances then existing; (d) the aggregate principal amount of such Intercompany Loan to be drawn on the Drawdown Date would not exceed the amount available for drawing under such Intercompany Loan Agreement as at the relevant Drawdown Date; (e) a group income election has been made under Section 247 of the Income and Corporation Taxes Act 1988, as amended, in relation to Funding relatiox xx Xxxding and sxxx Xxxxer such Issuer, provided that such election will only be required to the extent necessary in order that payments of interest can be made by Funding to an Issuer without there being a requirement to deduct income tax at source; and (f) Funding has delivered to the Security Trustee a solvency certificate in form and substance satisfactory to the Security Trustee and substantially in the form set out in Schedule 2 to these Intercompany Loan Terms and Conditions.

Appears in 1 contract

Samples: Intercompany Loan Terms and Conditions (Granite Mortgages 02-2 PLC)

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