Maximum number of Utilisations. (a) A Borrower (or the Company) 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 4 contracts
Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more than 10 Loans Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations 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 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 4 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the a proposed Utilisation more than 10 the total number of:
(i) Loans outstanding would be outstandingexceed 8; or
(ii) Letters of Credit outstanding would exceed 12.
(b) Any Loan made by a single Lender under Clause 6.2 8.2 (Unavailability of a currencyCurrency) 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 2 contracts
Samples: Facilities Agreement (Signet Jewelers LTD), Facilities Agreement (Signet Jewelers LTD)
Maximum number of Utilisations. (a) A Borrower (or the Company) 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 2 contracts
Samples: Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 20 or more than 10 Revolving 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.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Samples: Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Maximum number of Utilisations. (a) 4.4.1 A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 twenty (20) Facility A Loans (excluding, for the avoidance of doubt, Swingline Loans and Letters of Credit) would be outstanding.
(b) 4.4.2 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 4.44.4 (Maximum number of Utilisations).
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Credit Agreement (Axa Financial Inc)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if for a Loan if, as a result of the proposed Utilisation more than 10 twenty (20) Loans would be outstanding.
(b) Any Loan made made:
(i) by a single Lender under Clause 6.2 (Unavailability of a currency); or
(ii) as a Separate Loan under Clause 8.2 (Cashless Rollover and Separate Loans), shall not be taken into account in paragraph a) of this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) A No Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation Utilisation:
(i) more than 10 Loans one Facility A Loan would be outstanding; or
(ii) twenty or more Facility B Utilisations would be outstanding.
(b) The Parent may not request that the Facility A Loan be divided.
(c) Any Loan made by a single Lender under Clause 6.2 9.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation Utilisation:
(i) more than 10 one Facility A Loan and one Facility B Loan would be outstanding; or
(ii) more than eight Revolving 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.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)
Maximum number of Utilisations. (a) A Borrower (or the Company) 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 4.44.3.
Appears in 1 contract
Samples: Revolving Facility Agreement (Manchester United PLC)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation Utilisation:
(i) more than 10 12 Term Loans would be outstanding; or
(ii) more than 15 or more Revolving 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.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Senior Facilities Agreement (Anheuser-Busch InBev S.A.)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Facility B Utilisation Request if as a result of the proposed Utilisation seven or more than 10 Loans Facility B Utilisations would be outstanding.
(b) A Borrower may not request that a Facility A Loan be divided.
(c) 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.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 twenty-five (25) Loans or more than twenty-five (25) Letters of Credit would be outstanding.
(b) Any Loan made by a single Lender under Clause 6.2 11.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.45.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Facility Agreement (Linde PLC)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation ten or more than 10 Loans Utilisations 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
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 20 or more than 10 Loans would be outstandingoutstanding concurrently at any time.
(b) 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 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation more than 10 five Loans would be outstanding.
(b) A Borrower may not deliver more than one Utilisation Request under the Facility on any one day.
(c) A Borrower may not request that a Loan be divided if, as a result of the proposed division, more than five Loans would be outstanding.
(d) 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 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Samples: Multicurrency Loan Facility Agreement (Xstrata PLC)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the a proposed Utilisation more than 10 the total number of Loans outstanding would be outstandingexceed 12.
(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.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.. Back to Contents
Appears in 1 contract