Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding. (b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 3 contracts
Samples: Amendment Agreement (Coca-Cola HBC AG), Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Maximum number of Loans. (a) 4.5.1 A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 16 or more than 10 Loans would be outstandingoutstanding unless otherwise agreed by the Company and the Facility Agent.
(b) 4.5.2 Any Loan made by a single Lender under Clause 6.2 8.3 (Unavailability Revocation of a currencyCurrency) shall not be taken into account in this Clause 4.44.5.
Appears in 3 contracts
Samples: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shire PLC), Facilities Agreement (Shuttle Corp)
Maximum number of Loans. (a) A Borrower (or the Obligors’ Agent) may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 3 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if if, as a result of the proposed Utilisation Utilisation, 16 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Samples: Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 8 or more than 10 Loans and/or 6 or more Letters of Credit would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.
Appears in 2 contracts
Samples: Second Amendment Agreement (Kronos International Inc), Facility Agreement (Nl Industries Inc)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation Loan 10 or more than 10 Loans loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 6 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 11 or more than 10 Loans would be outstanding.
(b) Any Separate Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 2 contracts
Samples: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation five or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 2 contracts
Samples: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 12 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Samples: Facility Agreement (Aon Corp), Facility Agreement (Aon Corp)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) A Borrower may not request that a Term Loan be divided if, as a result of the proposed division, more than 10 Term Loans would be outstanding.
(c) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.5.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation Utilisation, nine or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (General Geophysics Co)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if for a Loan other than an Offer Loan if, as a result of the proposed Utilisation Utilisation, ten or more Loans (other than 10 Loans Offer Loans) would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.4.5. Table of Contents
Appears in 1 contract
Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 25 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender Bank under Clause 6.2 6.3 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.4.3. Back to Contents
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 10 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.5.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 20 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.5.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation Utilisation:
(i) 20 or more Loans would be outstanding; or
(ii) Loans in more than 10 Loans six currencies would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 6.3 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than:
(i) 20 Loans; or
(ii) Loans in more than 10 Loans 5 different Optional Currencies, would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 16 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.)
Maximum number of Loans. (ai) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 8 or more than 10 Loans and/or 6 or more Letters of Credit would be outstanding.
(bii) Any Loan made by a single Lender under Clause 6.2 14.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.412.
Appears in 1 contract
Samples: Third Amendment Agreement (Kronos International Inc)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Facility Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 ten Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currencyCurrency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)
Maximum number of Loans. (a) A No Borrower may not deliver a Utilisation Request in respect of a Loan if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender Bank under Clause 6.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Samples: Multicurrency Revolving Credit and Guarantee Facility Agreement (Subsea 7 S.A.)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 12 Loans (including Facility A Loans and Facility B Loans) would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Facility Agreement (Aon Corp)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if if, as a result of the proposed Utilisation Utilisation:
(i) more than 10 two Facility A Loans would be outstanding; or
(ii) more than five Facility B Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) Any separate Loan denominated in the Base Currency made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.. SECTION 3 UTILISATION
Appears in 1 contract
Maximum number of Loans. (aA) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation Loan more than 10 15 Loans would be outstanding.
(bB) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(C) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Endava PLC)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request Notice of Drawdown if as a result of the proposed Utilisation Loan 11 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 5 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Tercica Inc)
Maximum number of Loans. (a) A Borrower (or the Company on its behalf) may not deliver a Utilisation Request if as a result of the proposed Utilisation Loan:
(i) more than 10 Revolving Facility Loans would be outstanding; or
(ii) more than 5 Uncommitted Accordion Facility Loans would be outstanding.
(b) Not used.
(c) Any Loan made by a single Lender under Clause clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause clause 4.4.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation eleven or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) Any Separate Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if if, as a result of the proposed Utilisation Utilisation, twenty one or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 10.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.45.4.
Appears in 1 contract
Samples: Facilities Agreement (Syngenta Ag)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request in respect of a Loan if as a result of the proposed Utilisation 10 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Samples: Multicurrency Revolving Credit and Guarantee Facility Agreement (Acergy S.A.)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 5 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility Agreement (Misys PLC)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 20 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Facility Agreement (Best Buy Co Inc)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Loan Request if as a result of the proposed Utilisation utilisation more than 10 four Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) Separate Loans shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver Unless the Facility Agent agrees otherwise, a Utilisation Request may not be delivered if as a result of the proposed Utilisation more than 10 15 Term Loans and 15 Revolving Facility Loans (including Swingline Loans) would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 11.2 (Unavailability of a currency) and any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 15 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 3 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender Bank under Clause 6.2 6.3 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.4.3. Back to Contents
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Maximum number of Loans. (a) A Borrower (or the Parent) may not deliver a Utilisation Request if as a result of the proposed Utilisation Loan more than 10 15 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause clause 4.4.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 ten Loans would be outstandingoutstanding (unless otherwise agreed by the Agent (acting on the instructions of the Majority Lenders)).
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Samples: Facility Agreement (Mayne Group LTD)
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 10 or more than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause clause 4.4.
Appears in 1 contract
Maximum number of Loans. (a) A The Borrower may not deliver a Utilisation Request if for a Loan other than an Offer Loan if, as a result of the proposed Utilisation Utilisation, ten or more Loans (other than 10 Loans Offer Loans) would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.5.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if if, as a result of the proposed Utilisation Utilisation, more than 10 Facility B Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Facilities Agreement (Analex Corp)
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 20 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 7.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.5.
Appears in 1 contract
Maximum number of Loans. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 Loans would be outstanding.
(b) Any separate Loan denominated in the Base Currency made by a single Lender under Clause 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Senior Revolving Credit Facility Agreement (Logitech International Sa)
