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Common use of Maximum number of Utilisations Clause in Contracts

Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation: (i) more than 6 Facility A Loans would be outstanding; (ii) more than 6 Facility B Loans would be outstanding; or (iii) more than 10 Letters of Credit and Bank Guarantees would be outstanding. (b) A Borrower may not request that a Facility A Loan be divided if, as a result of the proposed division, more than 6 Facility A Loans would be outstanding. (c) Any Loan made by a single Lender under Clause 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.

Appears in 3 contracts

Samples: Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc)

Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation: (i) more than 6 Facility A Loans would be outstanding; (ii) more than 6 Facility B Loans would be outstanding; or (iii) more than 10 Letters of Credit and Bank Guarantees would be outstanding. (b) A Borrower may not request that a Facility A Loan be divided if, as a result of the proposed division, more than 6 Facility A Loans would be outstanding. (c) Any Loan made by a single Lender under Clause 8.2 15.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.411.4.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)