Common use of General Conditions to Utilisation of Swingline Facility Advances Clause in Contracts

General Conditions to Utilisation of Swingline Facility Advances. If a Borrower requests a Swingline Facility Advance in accordance with Clause 6.1 (Conditions to Utilisation of Swingline Facilities); and, on the proposed date for the making of such Swingline Facility Advance: (a) neither of the events mentioned in Clause 16.1 (Market Disruption) shall have occurred; (b) the Euro Amount of such Swingline Facility Advance does not exceed either the Available Swingline Facility or the Available Revolving Facility; (c) there would not, immediately after the making of such Advance, be more than 10 Euro Swingline Facility Advances outstanding; and (d) on and as of the proposed date for the making of such Advance: (i) no Default is continuing or would result from the making of such Advance; (ii) no Lender Default exists (unless the Swingline Facility Lenders have entered into arrangements satisfactory to them to eliminate the Swingline Facility Lenders’ risk with respect to the Defaulting Lender’s or Lenders’ participation in such Swingline Facility Advance); and (iii) the Repeated Representations made by each Obligor are true in all material respects on the relevant Utilisation Date by reference to the circumstances then existing, then, save as otherwise provided herein, such Swingline Facility Advance will be made in accordance with the provisions hereof.

General Conditions to Utilisation of Swingline Facility Advances. If a the Borrower requests a Swingline Facility Advance in accordance with Clause 6.1 (Conditions to Utilisation of Swingline Facilities); and, on the proposed date for the making of such Swingline Facility Advance: (a) neither of the events mentioned in Clause 16.1 (Market Disruption) shall have occurred; (b) the Euro Amount of such Swingline Facility Advance does not exceed either the Available Swingline Facility or the Available Revolving Facility; (c) there would not, immediately after the making of such Advance, be more than 10 Euro Swingline Facility Advances outstanding; and (d) on and as of the proposed date for the making of such Advance: (i) no Default is continuing or would result from the making of such Advance; (ii) no Lender Default exists (unless the Swingline Facility Lenders have entered into arrangements satisfactory to them to eliminate the Swingline Facility Lenders’ risk with respect to the Defaulting Lender’s or Lenders’ participation in such Swingline Facility Advance); and (iii) the Repeated Representations made by each Obligor are true in all material respects on the relevant Utilisation Date by reference to the circumstances then existing, then, save as otherwise provided herein, such Swingline Facility Advance will be made in accordance with the provisions hereof.