Common use of Giving of Requests Clause in Contracts

Giving of Requests. (a) The Owner may borrow a Loan by giving to the Facility Agent a duly completed Request. (b) Unless the Facility Agent otherwise agrees, the latest time for receipt by the Facility Agent of a duly completed Request is 11.00 a.m. three Business Days prior to the date of the proposed borrowing and, in respect of the Delivery Loan, ten Business Days prior to the date of the proposed borrowing. The Owner undertakes that any advance notices regarding expected payment dates of Instalments shall be promptly delivered to the Facility Agent at the same time as such notices are received by the Owner, Manager or Sponsor, as the case may be, from the Builder. The Facility Agent shall provide copies of such advance notices promptly to KEXIM upon receipt of the same from the Owner and to the other Lenders upon request. (c) The Owner may, subject to Clauses 4.1(d) and 4.1(e), submit up to only four Requests, one in respect of each of the Instalment Loan 1, the Instalment Loan 2, the Instalment Loan 3, and the Delivery Loan (each an Instalment Loan). (d) Notwithstanding Clause 4.1(c), the Owner may submit one Request for the Incidental Costs Loan and Requests for Incidental Vessel Costs Loans in accordance with the provisions of Clause 4.2 (Completion of Requests). (e) Notwithstanding Clause 4.1(c), if on the Final Completion Date there is an Undrawn Amount, the Owner may, if the Facility Agent (acting on the instructions of all the Lenders who shall have full discretion in connection with such instructions) so agrees, and on such terms and subject to such conditions as the Facility Agent may, acting on such instructions, require, submit a Request for an amount not exceeding the Undrawn Amount to be used to reimburse the Owner for amounts of Vessel Costs paid by it and not already financed hereunder or such other purposes as the Lenders may agree. (f) Each Request is irrevocable.

Giving of Requests. (a) The Owner may borrow a Loan by giving to the Facility Agent a duly completed Request. (b) Unless the Facility Agent otherwise agrees, the latest time for receipt by the Facility Agent of a duly completed Request is 11.00 a.m. three Business Days prior to the date of the proposed borrowing and, in respect of the Delivery Loan, ten Business Days prior to the date of the proposed borrowing. The Owner undertakes that any advance notices regarding expected payment dates of Instalments shall be promptly delivered to the Facility Agent at the same time as such notices are received by the Owner, Manager Owner or Sponsorthe Manager, as the case may be, from the Builder. The Facility Agent shall provide copies of such advance notices promptly to KEXIM upon receipt of the same from the Owner and to the other Lenders upon request. (c) The Owner may, subject to Clauses 4.1(d) and 4.1(e), submit up to only four Requests, one in respect of each of the Instalment Loan 1, the Instalment Loan 2, the Instalment Loan 3, and the Delivery Loan (each an Instalment Loan). (d) Notwithstanding Clause 4.1(c), the Owner may submit one Request for the Incidental Costs Loan and Requests for Incidental Vessel Costs Loans in accordance with the provisions of Clause 4.2 (Completion of Requests). (e) Notwithstanding Clause 4.1(c), if on the Final Completion Date there is an Undrawn Amount, the Owner may, if the Facility Agent (acting on the instructions of all the Lenders who shall have full discretion in connection with such instructions) so agrees, and on such terms and subject to such conditions as the Facility Agent may, acting on such instructions, require, submit a Request for an amount not exceeding the Undrawn Amount to be used to reimburse the Owner for amounts of Vessel Costs paid by it and not already financed hereunder or such other purposes as the Lenders may agree. (f) Each Request is irrevocable.

Giving of Requests. (a) The Owner may borrow a Loan by giving to the Facility Agent a duly completed Request. (b) Unless the Facility Agent otherwise agrees, the latest time for receipt by the Facility Agent of a duly completed Request is 11.00 a.m. three Business Days prior to the date of the proposed borrowing and, in respect of the Delivery Loan, ten Business Days prior to the date of the proposed borrowing. The Owner undertakes that any advance notices regarding expected payment dates of Instalments shall be promptly delivered to the Facility Agent at the same time as such notices are received by the Owner, Manager or Sponsor, as the case may be, from the Builder. The Facility Agent shall provide copies of such advance notices promptly to KEXIM upon receipt of the same from the Owner and to the other Lenders upon request. (c) The Owner may, subject to Clauses 4.1(d) and 4.1(e), submit up to only four Requests, one in respect of each of the Instalment Loan 1I, the Instalment Loan 2, the Instalment Loan 3, and the Delivery Loan (each an Instalment Loan). (d) Notwithstanding Clause 4.1(c), the Owner may submit one Request for the Incidental Costs Loan and Requests for Incidental Vessel Costs Loans in accordance with the provisions of Clause 4.2 (Completion of Requests). (e) Notwithstanding Clause 4.1(c), if on the Final Completion Date there is an Undrawn Amount, the Owner may, if the Facility Agent (acting on the instructions of all the Lenders who shall have full discretion in connection with such instructions) so agrees, and on such terms and subject to such conditions as the Facility Agent may, acting on such instructions, require, submit a Request for an amount not exceeding the Undrawn Amount to be used to reimburse the Owner for amounts of Vessel Costs paid by it and not already financed hereunder or such other purposes as the Lenders may agree. (f) Each Request is irrevocable.

Giving of Requests. A Request for a Guarantee will not be regarded as having been duly completed unless: (a) The Owner may borrow it specifies that it is for a Loan by giving to the Facility Agent a duly completed Request.Guarantee; (b) Unless the Utilisation Date is a Business Day falling within the Medium-Term Facility Agent otherwise agrees, the latest time for receipt by the Facility Agent of a duly completed Request is 11.00 a.m. three Business Days prior to the date of the proposed borrowing and, in respect of the Delivery Loan, ten Business Days prior to the date of the proposed borrowing. The Owner undertakes that any advance notices regarding expected payment dates of Instalments shall be promptly delivered to the Facility Agent at the same time as such notices are received by the Owner, Manager or Sponsor, as the case may be, from the Builder. The Facility Agent shall provide copies of such advance notices promptly to KEXIM upon receipt of the same from the Owner and to the other Lenders upon request.Availability Period; (c) The Owner may, subject to Clauses 4.1(dit identifies the Issuing Bank from the list of Issuing Banks in Part 2 of Schedule 1 (Original Parties) where (i) in the case of a Request for a Guarantee under Tranche B the Issuing Bank is CSFB (or its permitted successor) and 4.1(e)(ii) in the case of a Request for a Guarantee under Tranche A the Issuing Bank is identified according to the governing law for the Guarantee required as set out in Part 2 of Schedule 1 (Original Parties) and notwithstanding the governing law required by the Borrower, submit up the relevant Borrower shall use its best efforts to only four Requestsrequest a Guarantee from the Issuing Banks pro rata to their maximum amount of Guarantees set out opposite each of their names in Part 2 of Schedule 1 (Original Parties) and when making the choice for an Issuing Bank shall take into account the duration, one in respect currency, purpose, beneficiary of the other Guarantees previously requested and outstanding with a view to distributing the issue of each of Guarantee amongst the Instalment Loan 1, the Instalment Loan 2, the Instalment Loan 3, Issuing Banks on an equal and the Delivery Loan (each an Instalment Loan).rateable basis; (d) Notwithstanding Clause 4.1(c)it identifies the Borrower or, the Owner may submit one Request for the Incidental Costs Loan subject to and Requests for Incidental Vessel Costs Loans in accordance with Clause 6.3, the provisions of Clause 4.2 (Completion of Requests).Guarantee Account Party; (e) Notwithstanding it specifies which Tranche of the Facility is to be utilised; (f) the amount of the Guarantee requested is: (i) a minimum aggregate amount of €100,000 or its equivalent in other currencies in accordance with Clause 4.1(c7 (Optional Currencies) (and an integral multiple of 1,000 units of the largest currency unit), if ; (ii) the maximum undrawn amount available under that Tranche of the Facility on the proposed Utilisation Date; or (iii) such other amount as the Facility Agent may agree; (g) the issue date of the Guarantee is specified; (h) the expiry date of the liability of the relevant Issuing Bank under the Guarantee is specified and falls on or before the date falling one month prior to the Final Completion Maturity Date there and is an Undrawn Amount, no sooner than one month from the Owner may, if date of issue; (i) it identifies the proposed beneficiary and its nationality or place of incorporation and the nature of the underlying guaranteed obligations; (j) the requested currency complies with this Agreement; (k) the form of the Guarantee is attached to the Request and must be substantially in the form of Schedule 4 (Form of Guarantee) as confirmed by that Issuing Bank in accordance with Clause 6.4(a) adapted for the relevant governing law or in such other form as may be agreed between the Facility Agent (acting on the instructions of all the Lenders who shall have full discretion in connection with such instructions) so agreesMajority Lenders), that Issuing Bank and on such terms and subject to such conditions as the Facility Agent may, acting on such instructions, require, submit a Request for an amount not exceeding the Undrawn Amount to be used to reimburse the Owner for amounts of Vessel Costs paid by it and not already financed hereunder or such other purposes as the Lenders may agree.relevant Borrower; and (fl) Each Request is irrevocablethe delivery instructions of the Guarantee are specified. Only one Guarantee may be requested in a Request.

Giving of Requests. (a) The Owner may borrow a Loan by giving to the Facility Agent a duly completed Request. (b) Unless the Facility Agent otherwise agrees, the latest time for receipt by the Facility Agent of a duly completed Request is 11.00 a.m. three Business Days prior to the date of the proposed borrowing and, in respect of the Delivery Loan, ten three Business Days prior to the date on which that part of the proposed borrowingDelivery Loan which relates to all or part of the Instalment payable on the Delivery Date must be deposited by the Facility Agent into the account of the Refund Guarantor in accordance with Clause 3.1(b) above. The Owner undertakes that any advance notices regarding expected payment dates of Instalments shall be promptly delivered to the Facility Agent at the same time as such notices are received by the Owner, Manager Owner or Sponsorthe Manager, as the case may be, from the Builder. The Facility Agent shall provide copies of such advance notices promptly to KEXIM upon receipt of the same from the Owner and to the other Lenders upon request. (c) The Owner may, subject to Clauses 4.1(d) and 4.1(e), submit up to only four Requests, one in respect of each of the Instalment Loan 1, the Instalment Loan 2, the Instalment Loan 3, and the Delivery Loan (each an Instalment Loan). (d) Notwithstanding Clause 4.1(c), the Owner may submit one Request for the Incidental Costs Loan and Requests for Incidental Vessel Costs Loans in accordance with the provisions of Clause 4.2 (Completion of Requests). (e) Notwithstanding Clause 4.1(c), if on the Final Completion Date there is an Undrawn Amount, the Owner may, if the Facility Agent (acting on the instructions of all the Lenders who shall have full discretion in connection with such instructions) so agrees, and on such terms and subject to such conditions as the Facility Agent may, acting on such instructions, require, submit a Request for an amount not exceeding the Undrawn Amount to be used to reimburse the Owner for amounts of Vessel Costs paid by it and not already financed hereunder or such other purposes as the Lenders may agree. (f) Each Request is irrevocable.