Facility C Sample Clauses

Facility C. Subject to the terms of this Agreement, the Lender makes available to the Borrower a US dollar term loan facility in an aggregate amount equal to the Facility C Commitment.

Facility C. Each Lender agrees to lend to Borrower its Pro Rata Part of one or more Loans under Facility C, which Borrower may borrow, repay and reborrow under this Agreement. Loans under Facility C are subject to the following conditions: (a) Each Loan under Facility C must occur on a Business Day and no later than the Business Day immediately preceding the Facility C Termination Date; (b) Each Loan under Facility C must be in an amount not less than (i) $500,000 or a greater integral multiple of $100,000 (if a Base Rate Loan), or (ii) $5,000,000 or a greater integral multiple of $1,000,000 (if a Eurodollar Loan); and (c) When determined, (i) the Facility C Principal Debt may not exceed the Facility C Commitment, (ii) no Lender's Pro Rata Part of the Facility C Principal Debt may exceed such Lender's Commitment for Facility C, and (iii) the Facility C Principal Debt, when aggregated with the Facility A Commitment Usage and the Facility B Principal Debt, may not exceed the Total Commitment.

Facility C. Each Lender severally agrees, subject to the terms and conditions of this Agreement, to make a term Loan to the Borrower not to exceed its Facility C Commitment. Such Loan shall be made by way of a single borrowing made on the Closing Date. Any portion of each Lender's Facility C Commitment not utilized by such borrowing on such date shall be permanently canceled.

Facility C. (a) Facility C may only be utilised by way of Letters of Credit. (b) Clause 5 (Utilisation – Loans) does not apply to Utilisations by way of Letters of Credit. (c) In determining the amount of the Available Facility for the purposes of this Agreement, the Available Commitment of a Lender will be calculated ignoring any cash cover or any back-to-back letter of credit provided for outstanding Letters of Credit. (d) The Borrower must use its best endeavours to manage its utilisation of Facility C such that: (i) to the maximum extent practicable, Letters of Credit in respect of any relevant underlying obligation are issued by all Issuing Persons pro rata according to their Commitment under Facility C; and (ii) if it is not possible to comply with paragraph (i), then so that the overall participations in Utilisations under Facility C are distributed among the Lenders according to their Commitment under Facility C.

Facility C. The proceeds of the single Advance made by the Lenders under Facility C was used by LP primarily to indirectly refinance certain term indebtedness of LP.

Facility C. 6.3.1 Prior to the Facility C Final Repayment Date, in circumstances where the Agent has not served a notice under clause 13.2.2, each Facility C Lender agrees that, notwithstanding the terms of the relevant Ancillary Facilities Letter, it will not cancel its Facility C Commitment, allow its Facility C Commitment to expire (without renewing it) or demand repayment of its Facility C Contribution (in either case in whole or in part) unless either (A) a successor Facility C Lender with a Facility C Commitment equal to the Facility C Contribution and/or the undrawn Facility C Commitment of the resigning Facility C Lender being repaid and/or cancelled is appointed contemporaneously with such repayment and/or cancellation pursuant to clause 17.13 or (B): (i) not less than three Banking Days notice are given by the Facility C Lender to TCN and the Agent of the repayment; (ii) the whole of its Facility C Contribution is to be repaid in full; (iii) the date of repayment is the last day of an Interest Period in respect of any Facility A Advance; and (iv) contemporaneously, with such repayment its Facility C Commitment is cancelled in full. In the case of paragraph (B) above, the relevant Facility C Lender agrees that contemporaneously with such repayment (the “Facility C Conversion Date”) it will automatically assume an additional Facility A Commitment equal to its Facility C Commitment immediately prior to such reduction, less the amount of the Facility C Commitment of any new Facility C Lender which contemporaneously with such repayment becomes a Facility C Lender pursuant to clause 17.13 and on the Facility C Conversion Date it will advance to TCN an amount equal to the additional Facility A Commitment assumed by it which shall thereupon be added to and consolidated with the Facility A Advance referred to in (iii) above, the Facility A Contributions of such Lender and the Facility A Outstandings. 6.3.2 If all or any part of the Facility A Outstandings are prepaid pursuant to this Agreement the Agent shall forthwith distribute such payments in like funds as are received by the Agent to the Lenders as follows: (a) to each Facility A Lender, the proportion thereof that the aggregate of its Facility A Contribution and the Facility C Commitments of itself and its Affiliates bears to the aggregate of the Facility A Outstandings and the Facility C Total Commitments; (b) if, in relation to any Facility A Lender, the application of paragraph (a) above would result in a pa...

Facility C. (a) Subject to the terms of this Agreement, the Lenders make available to the Borrowers a multi-currency revolving credit facility in an aggregate amount equal to the Total C Commitments. (b) Facility C may also be utilised by way of Bills.

Facility C. Only one Advance is being made available under Facility C. Notwithstanding any provision herein to the contrary, the aggregate US Dollar Amount of the principal amount of the single Advance initially made under Facility C shall not at any time exceed the Facility C Credit Limit, but no principal amount thereof shall be required to be repaid only because of a decrease in the Facility C Borrowing Base after such Advance.

Facility C. (a) The Lender, during the period from the date of this Agreement until April 1, 1999, subject to the terms and conditions of this Agreement, and subject to the condition that at the time of each borrowing issuance hereunder no Default or Event of Default has occurred and is then continuing to occur and that the representations and warranties given by the Borrower in Section 2 as of the date of this Agreement shall remain true and correct in all material respects (except for representations and warranties (i) which are made as of a particular date or (ii) as to which the facts which gave

Facility C. An amount of Facility C not exceeding the Available Facility may be utilised by way of Bank Guarantees or Facility C Loans.