Common use of Form of Request Clause in Contracts

Form of Request. (a) Each Request will not be regarded as having been duly completed unless it specifies: (i) whether the Utilisation is a Tranche A Advance or a Tranche B Advance; (ii) the proposed Utilisation Date, which shall be a Business Day falling after the date on which the Agent notifies the Borrower and the Banks that the documentary conditions precedent in Schedule E appear on their face to have been satisfied or waived but on or before the date falling one month before the Final Repayment Date; (iii) the currency of the Utilisation which must be Euro or an Optional Currency for Tranche A Utilisations and Zloty for Tranche B Utilisations; (iv) the amount of the proposed Utilisation which shall be the balance of the undrawn Commitments for Tranche A or Tranche B as applicable or: (A) subject to paragraph (B), shall be a minimum amount of an Original Euro Amount (in the case of Tranche A) of (euro)5,000,000 or the Zloty Equivalent PTC - Amended and Restated Supplemental Facility Agreement -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000 and an integral multiple of an Original Euro Amount (in the case of Tranche A) of (euro)5,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000; and (B) for an Advance which is being drawn to provide cash cover for a letter of credit or bank guarantee permitted by Clause 19.26(b) (Financial Indebtedness) shall be a minimum amount of an Original Euro Amount (in the case of Tranche A) of (euro)1,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) and an integral multiple of an Original Euro Amount thereof; (v) the duration of its Interest Period, which shall comply with the terms of Clause 9 (Interest Periods); and (vi) the details of the bank and account to which the proceeds of the proposed Advance are to be made available. (b) Each Request must specify one Utilisation only, but the Borrower may, subject to the other terms of this Agreement, deliver more than one Request on any one day. Unless otherwise agreed by the Agent, no more than twenty Utilisations under any Tranche may be outstanding at one time. (c) The Agent shall promptly (and in any event before 10.00 a.

Appears in 1 contract

Samples: Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo)

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Form of Request. Each Request shall specify: (a) Each Request will not the Borrower in relation thereto (being, in the case of a Tranche 1A Advance to be regarded as having been duly completed unless applied in financing the acquisition of Shares, Bidco and, in the case of any other Tranche 1 Advance, Bidco, the Target or any of the Targets' Subsidiaries (upon (in the case of the Target or any of its Subsidiaries) it specifies:becoming a Borrower pursuant to a Borrower Accession Agreement) or, in the case of any Tranche 2 Utilisation, any Borrower); (ib) whether the Utilisation is a Tranche A 1A Advance, a Tranche 1B Advance, a Tranche 2 Advance or a Tranche B Advance2 Utilisation by way of Documentary Credit (and, if in the case of a Utilisation by way of Documentary Credit, the type of Documentary Credit to be issued); (iic) the proposed Utilisation Date, which shall be a Business Day falling after during the date on which the Agent notifies the Borrower applicable Availability Period and the Banks that the documentary conditions precedent in Schedule E appear on their face to have been satisfied or waived but on or before the date falling one month before the Final Repayment Datecomplying with any other applicable provisions of this Agreement; (iiid) in the case of a Tranche 2 Utilisation, the currency of the Utilisation which must be Euro Advance or Documentary Credit requested (being, in each case, Sterling or an Optional Currency for Tranche A Utilisations and Zloty for Tranche B UtilisationsCurrency); (ive) the principal amount of the proposed Utilisation which shall be (the balance of the undrawn Commitments for Tranche A or Tranche B as applicable or: (A"REQUESTED AMOUNT") subject to paragraph (B)being, shall be a minimum amount of an Original Euro Amount (in the case of a Tranche A) 1 Advance or a Tranche 2 Advance to be denominated in Sterling an amount of not less than (euro)5,000,000 or the Zloty Equivalent PTC - Amended and Restated Supplemental Facility Agreement -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- thereof (Pounds)10,000,000 in the case of a Tranche B) rounded up 1 Advance or down to the nearest PLN 10,000 and an integral multiple of an Original Euro Amount (Pounds)20,000,000 in the case of a Tranche A) of (euro)5,000,000 or the Zloty Equivalent thereof (2 Advance to be denominated in Sterling and in the case of a Tranche B) rounded up or down 2 Utilisation to be denominated in an Optional Currency, an amount equal to not less than the nearest PLN 10,000; and Sterling Equivalent of (B) for an Advance which is being drawn to provide cash cover for a letter of credit or bank guarantee permitted by Clause 19.26(b) (Financial Indebtedness) shall be a minimum amount of an Original Euro Amount (Pounds)20,000,000, and in the case of a Tranche A) 2 Utilisation by way of Letter of Credit, a Sterling Equivalent of at least (euro)1,000,000 or Pounds)2,000,000, provided always that no Requested Amount for a Tranche 2 Utilisation may exceed the Zloty Equivalent thereof (in the case of Tranche B) and an integral multiple of an Original Euro Amount thereofthen Available Facility Amount; (vf) the duration of its (or, in the case of a Tranche 1 Advance, its first) Interest Period, which shall comply with in the manner required by and subject to the terms of Clause 9 10; (Interest Periodsg) in the case of a Documentary Credit, the name and address of the beneficiary, the beneficiary's receiving bank account and reasonable details of the liabilities payment of which is to be assured by the Documentary Credit, as well as the expiry date of the Documentary Credit (which shall be less than one year from the Utilisation Date therefor unless the Facility Agent shall otherwise agree); and (vih) in the case of an Advance, unless previously notified to the Facility Agent in writing and not revoked, the details of the bank and account to which the proceeds of the proposed Advance are to be made available. (b) Each Request must specify one Utilisation only, but the Borrower may, subject . Subject to the other terms of this Agreement, deliver more than one each Request on any one dayshall be irrevocable and the Borrower named in the same shall be bound to borrow an Advance in accordance with such Request. Unless otherwise agreed by the Agent, no more than twenty Utilisations under any Tranche may be outstanding at one time. (c) The Facility Agent shall promptly (and in any event before 10.00 a.notify each Bank of each Request.

Appears in 1 contract

Samples: Facility Agreement (Pacificorp /Or/)

Form of Request. (a) Each Request will not be regarded as having been duly completed unless it specifies: (i) whether the Utilisation is a Tranche A Advance or a Tranche B Advance; (ii) the proposed Utilisation Date, which shall be a Business Day falling after the date on which the Agent notifies the Borrower and the Banks that the documentary conditions precedent in Schedule E appear on their face to have been satisfied or waived but on or before the date falling one month before the Final Repayment Date; (iii) the currency of the Utilisation which must be Euro or an Optional Currency for Tranche A Utilisations and Zloty for Tranche B Utilisations; (iv) the amount of the proposed Utilisation which shall be the balance of the undrawn Commitments for Tranche A or Tranche B as applicable or: (A) subject to paragraph (B), shall be a minimum amount of an Original Euro Amount (in the case of Tranche A) of (euro)5,000,000 EURO 10,000,000 or the Zloty Equivalent PTC - Amended and Restated Supplemental Facility Agreement -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000 and an integral multiple of an Original Euro Amount (in the case of Tranche A) of (euro)5,000,000 EURO 5,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000; and (B) for an Advance which is being drawn to provide cash cover for a letter of credit or bank guarantee permitted by Clause 19.26(b) (Financial Indebtedness) shall be a minimum amount of an Original Euro Amount (in the case of Tranche A) of (euro)1,000,000 EURO 1,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) and an integral multiple of an Original Euro Amount thereof; (v) the duration of its Interest Period, which shall comply with the terms of Clause 9 (Interest Periods); and (vi) the details of the bank and account to which the proceeds of the proposed Advance are to be made available. (b) Each Request must specify one Utilisation only, but the Borrower may, subject to the other terms of this Agreement, deliver more than one Request on any one day. Unless otherwise agreed by the Agent, no more than twenty Utilisations under any Tranche may be outstanding at one time. (c) The Agent shall promptly (and in any event before 10.00 a.

Appears in 1 contract

Samples: Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo)

Form of Request. (a) Each Request will not be regarded as having been duly completed unless it specifies: (i) whether the Utilisation is a Tranche A Advance or a Tranche B Advance; (ii) the proposed Utilisation Date, which shall be a Business Day falling after the date on which the Agent notifies the Borrower and the Banks that the documentary conditions precedent in Schedule E appear on their face to have been satisfied or waived but on or before the date falling one month before the Final Repayment Date; (iii) the currency of the Utilisation which must be Euro or an Optional Currency for Tranche A Utilisations and Zloty for Tranche B Utilisations; (iv) the amount of the proposed Utilisation which shall be the balance of the undrawn Commitments for Tranche A or Tranche B as applicable or: (A) subject to paragraph (B), shall be a minimum amount of an Original Euro Amount (in the case of Tranche A) of (euro)5,000,000 euro) 5,000,000 or the Zloty Equivalent PTC - Amended and Restated Supplemental Facility Agreement -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000 and an integral multiple of an Original Euro Amount (in the case of Tranche A) of (euro)5,000,000 euro) 5,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000; and (B) for an Advance which is being drawn to provide cash cover for a letter of credit or bank guarantee permitted by Clause 19.26(b) (Financial Indebtedness) shall be a minimum amount of an Original Euro Amount (in the case of Tranche A) of (euro)1,000,000 euro) 1,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) and an integral multiple of an Original Euro Amount thereof;; -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- (v) the duration of its Interest Period, which shall comply with the terms of Clause 9 (Interest Periods); and (vi) the details of the bank and account to which the proceeds of the proposed Advance are to be made available. (b) Each Request must specify one Utilisation only, but the Borrower may, subject to the other terms of this Agreement, deliver more than one Request on any one day. Unless otherwise agreed by the Agent, no more than twenty Utilisations under any Tranche may be outstanding at one time. (c) The Agent shall promptly (and in any event before 10.00 a.

Appears in 1 contract

Samples: Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo)

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Form of Request. Each Request shall specify: (a) Each Request will not the Borrower in relation thereto (being, in the case of a Tranche 1A Advance to be regarded as having been duly completed unless applied in financing the acquisition of Shares, PA and, in the case of any other Xxxxxxx 0 Xxxxxxx, XX, XXX or any of TEG's Subsidiaries (upon (in the case of TEG or any of its Subsidiaries) it specifies:becoming a Borrower pursuant to a Borrower Accession Agreement) or, in the case of any Tranche 2 Utilisation, any Borrower); (ib) whether the Utilisation is a Tranche A 1A Advance, a Tranche 1B Advance, a Tranche 2 Advance or a Tranche B Advance2 Utilisation by way of Documentary Credit (and, if in the case of a Utilisation by way of Documentary Credit, the type of Documentary Credit to be issued); (iic) the proposed Utilisation Date, which shall be a Business Day falling after during the date on which the Agent notifies the Borrower applicable Availability Period and the Banks that the documentary conditions precedent in Schedule E appear on their face to have been satisfied or waived but on or before the date falling one month before the Final Repayment Datecomplying with any other applicable provisions of this Agreement; (iiid) in the case of a Tranche 2 Utilisation, the currency of the Utilisation which must be Euro Advance or Documentary Credit requested (being, in each case, Sterling or an Optional Currency for Tranche A Utilisations and Zloty for Tranche B UtilisationsCurrency); (ive) the principal amount of the proposed Utilisation which shall be (the balance of the undrawn Commitments for Tranche A or Tranche B as applicable or: (A"REQUESTED AMOUNT") subject to paragraph (B)being, shall be a minimum amount of an Original Euro Amount (in the case of a Tranche A) 1 Advance or a Tranche 2 Advance to be denominated in Sterling an amount of (euro)5,000,000 or the Zloty Equivalent PTC - Amended and Restated Supplemental Facility Agreement -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- thereof (not less than L10,000,000 in the case of a Tranche B) rounded up 1 Advance or down to the nearest PLN 10,000 and an integral multiple of an Original Euro Amount (L20,000,000 in the case of a Tranche A) of (euro)5,000,000 or the Zloty Equivalent thereof (2 Advance to be denominated in Sterling and in the case of a Tranche B) rounded up or down 2 Utilisation to be denominated in an Optional Currency, an amount equal to not less than the nearest PLN 10,000; and (B) for an Advance which is being drawn to provide cash cover for a letter Sterling Equivalent of credit or bank guarantee permitted by Clause 19.26(b) (Financial Indebtedness) shall be a minimum amount of an Original Euro Amount (L20,000,000, and in the case of a Tranche A) 2 Utilisation by way of (euro)1,000,000 or Letter of Credit, a Sterling Equivalent of at least L2,000,000, provided always that no Request Amount for a Tranche 2 Utilisation may exceed the Zloty Equivalent thereof (in the case of Tranche B) and an integral multiple of an Original Euro Amount thereofthen Available Facility Amount; (vf) the duration of its (or, in the case of a Tranche 1 Advance, its first) Interest Period, which shall comply with in the manner required by and subject to the terms of Clause 9 10; (Interest Periodsg) in the case of a Documentary Credit, the name and address of the beneficiary, the beneficiary's receiving bank account and reasonable details of the liabilities payment of which is to be assured by the Documentary Credit, as well as the expiry date of the Documentary Credit (which shall be less than one year from the Utilisation Date therefor unless the Facility Agent shall otherwise agree); and (vih) in the case of an Advance (other than a Rollover Advance), unless previously notified to the Facility Agent in writing and not revoked, the details of the bank and account to which the proceeds of the proposed Advance are to be made available. (b) Each Request must specify one Utilisation only, but the Borrower may, subject . Subject to the other terms of this Agreement, deliver more than one each Request on any one dayshall be irrevocable and the Borrower named in the same shall be bound to borrow an Advance in accordance with such Request. Unless otherwise agreed by the Agent, no more than twenty Utilisations under any Tranche may be outstanding at one time. (c) The Facility Agent shall promptly (and in any event before 10.00 a.notify each Bank of each Request.

Appears in 1 contract

Samples: Facility Agreement (Pacificorp /Or/)

Form of Request. Each Request shall specify: (a) Each Request will not the Borrower in relation thereto (being, in the case of a Tranche 1 Advance, and a Tranche 2 Advance the Company and in the case of a Tranche 3 Advance to be regarded as having been duly completed unless it specifies:applied in financing the acquisition of Shares pursuant to the Offer and/or pursuant to procedures implemented under section 428 et seq. Companies Xxx 0000 or the payment of Offer Costs, Bidco or the Company and, in the case of any other Tranche 3 Advance, any Borrower); (ib) whether the Utilisation is a Tranche A Advance or a Tranche B designation for the requested Advance; (iic) the proposed Utilisation Date, which shall be a Business Day falling after during the date on which the Agent notifies the Borrower applicable Availability Period and the Banks that the documentary conditions precedent in Schedule E appear on their face to have been satisfied or waived but on or before the date falling one month before the Final Repayment Datecomplying with any other applicable provisions of this Agreement; (iii) the currency of the Utilisation which must be Euro or an Optional Currency for Tranche A Utilisations and Zloty for Tranche B Utilisations; (ivd) the amount of the proposed Utilisation Advance (the "Requested Amount") which shall be the balance of the undrawn Commitments for Tranche A or Tranche B as applicable or: (Ai) subject to paragraph (B), shall be a minimum amount of an Original Euro Amount (in the case of any Tranche A1 Advance or Tranche 2 Advance, an amount not less than 40,000,000 pounds or such other amount as the Facility Agent may agree and (ii) of (euro)5,000,000 or the Zloty Equivalent PTC - Amended and Restated Supplemental Facility Agreement -------------------------------------------------------------------------------- 32 -------------------------------------------------------------------------------- thereof (in the case of a Tranche B) rounded up or down to the nearest PLN 10,000 and 3 Advance, 27 an integral multiple of an Original Euro amount not less than 10,000,000 pounds, provided always that no Requested Amount (in the case of Tranche A) of (euro)5,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) rounded up or down to the nearest PLN 10,000; and (B) for an Advance which is being drawn to provide cash cover for a letter of credit or bank guarantee permitted by Clause 19.26(b) (Financial Indebtedness) shall be a minimum amount of an Original Euro Amount (in Tranche 3 Advance may exceed the case of Tranche A) of (euro)1,000,000 or the Zloty Equivalent thereof (in the case of Tranche B) and an integral multiple of an Original Euro Amount thereofthen Available Facility Amount; (ve) the duration of its (or, in the case of a Tranche 1 Advance or Tranche 2 Advance, its first) Interest Period, which shall comply with in the manner required by and subject to the terms of Clause 9 (Interest Periods)10; and (vif) unless previously notified to the Facility Agent in writing and not revoked) the details of the bank and account to which the proceeds of the proposed Advance are to be made available. (b) Each Request must specify one Utilisation only, but the Borrower may, subject . Subject to the other terms of this Agreement, deliver more than one each Request on any one dayshall be irrevocable and the Borrower named in the same shall be bound to borrow an Advance in accordance with such Request. Unless otherwise agreed by the Agent, no more than twenty Utilisations under any Tranche may be outstanding at one time. (c) The Facility Agent shall promptly (and in any event before 10.00 a.notify each Bank of each Request.

Appears in 1 contract

Samples: Facility Agreement (Central Power & Light Co /Tx/)

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