Notice of Drawdown. 4.1 The Borrower may make a request for the Facility by sending to the Lender a duly completed Notice of Drawdown subject to the conditions set forth in this Clause 4. 4.2 The drawdown of the Facility shall be subject to the following conditions being complied with to the Lender’s satisfaction: 4.2.1 on the Drawdown Date the conditions precedent set out in Clause 16 shall have either been satisfied or shall have been waived by the Lender, and the undertakings in Clause 19 so far as they are relevant on the Drawdown Date have at all times been complied with; and 4.2.2 on the date of the Notice of Drawdown and on the Drawdown Date no Default shall have occurred and be continuing or might result from the Facility being paid to the Borrower; and 4.2.3 on the date of the Notice of Drawdown the representations and warranties set out in Clause 14 and the other Security Documents (updated mutatis mutandis to the Drawdown Date) shall be true and correct; and 4.2.4 the Lender shall have received the Notice of Drawdown not later than 11.00 a.m. (London time) on the third (3rd) Business Day prior to the Drawdown Date (or on such earlier Business Day as may be agreed by the Lender) from the Borrower setting out the proposed Drawdown Date.
Appears in 2 contracts
Samples: Financial Agreement (Navios Maritime Holdings Inc.), Financial Agreement (Navios Maritime Holdings Inc.)
Notice of Drawdown. 4.1 The Borrower Borrowers may make a request for the Facility an Advance by sending to the Lender Agent a duly completed Notice of Drawdown subject to the conditions set forth in this Clause 4.
4.2 The drawdown of the Facility All Advances shall be subject to the following conditions being complied with to the LenderAgent’s satisfaction:and the Security Trustee’s satisfaction-
4.2.1 on the Drawdown Date of an Advance the conditions precedent set out in Clause 16 in respect thereof shall have either been satisfied or shall have been waived by the Lender, Security Trustee acting with the authorisation of all Banks {whether with or without conditions) and the undertakings in Clause 19 so far as they are relevant on the such Drawdown Date have at all times been complied with; and
4.2.2 on the date of the a Notice of Drawdown and on the relevant Drawdown Date of that Advance no Event of Default shall have or Potential Event of Default has occurred and be is continuing or might result from the Facility relevant Advance being paid to the BorrowerBorrowers; and
4.2.3 on the each date of the a Notice of Drawdown the representations and warranties set out in Clause 14 and the other Security Documents (updated mutatis mutandis to the Drawdown Date) shall be are true and correct; and
4.2.4 the Lender Agent shall have received the a Notice of Drawdown not later than 11.00 a.m. (London time) on the third (3rd) Business Day prior to the relevant Drawdown Date (or on such earlier Business Day shorter period as may be agreed by the LenderAgent) from the Borrower Borrowers setting out the such proposed Drawdown Date.
4.3 A Notice of Drawdown once made shall be irrevocable.
Appears in 2 contracts
Samples: Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Notice of Drawdown. 4.1 The Borrower may make a request for the Facility an Advance by sending to the Lender a duly completed Notice of Drawdown subject to the conditions set forth in this Clause 4.
4.2 The drawdown of the Facility all Advances shall be subject to the following conditions being complied with to the Lender’s satisfaction:
4.2.1 on the Drawdown Date of an Advance the conditions precedent set out in Clause 16 shall have either been satisfied or shall have been waived by the Lender, and the undertakings in Clause 19 so far as they are relevant on the that Drawdown Date have at all times been complied with; and
4.2.2 on the date of the a Notice of Drawdown and on the Drawdown Date of the relevant Advance no Default shall have occurred and be continuing or might result from the Facility such Advance being paid to the Borrower; and
4.2.3 on the date of the a Notice of Drawdown the representations and warranties set out in Clause 14 and the other Security Documents (updated mutatis mutandis to the relevant Drawdown Date) shall be true and correct; and
4.2.4 the Lender shall have received the Notice of Drawdown in respect of the relevant Advance not later than 11.00 a.m. (London time) on the third (3rd3rd ) Business Day prior to the Drawdown Date in respect thereof (or on such earlier Business Day as may be agreed by the Lender) from the Borrower setting out the proposed Drawdown Date.
Appears in 1 contract
Samples: Financial Agreement (Navios South American Logistics Inc.)
Notice of Drawdown. 4.1 The Borrower Borrowers may make a request for the Facility an Advance by sending to the Lender Agent a duly completed Notice of Drawdown subject to the conditions set forth in this Clause 4.
4.2 The drawdown of the Facility All Advances shall be subject to the following conditions being complied with to the LenderAgent’s satisfaction:and the Security Trustee’s satisfaction -
4.2.1 on the Drawdown Date of an Advance the conditions precedent set out in Clause 16 in respect thereof shall have either been satisfied or shall have been waived by the Lender, Security Trustee acting with the authorisation of all Banks (whether with or without conditions) and the undertakings in Clause 19 so far as they are relevant on the such Drawdown Date have at all times been complied with; and
4.2.2 on the date of the a Notice of Drawdown and on the relevant Drawdown Date of that Advance no Event of Default shall have or Potential Event of Default has occurred and be is continuing or might result from the Facility relevant Advance being paid to the BorrowerBorrowers; and
4.2.3 on the each date of the a Notice of Drawdown the representations and warranties set out in Clause 14 and the other Security Documents (updated mutatis mutandis to the Drawdown Date) shall be are true and correct; and
4.2.4 the Lender Agent shall have received the a Notice of Drawdown not later than 11.00 a.m. (London time) on the third (3rd) Business Day prior to the relevant Drawdown Date (or on such earlier Business Day shorter period as may be agreed by the LenderAgent) from the Borrower Borrowers setting out the such proposed Drawdown Date.
4.3 A Notice of Drawdown once made shall be irrevocable.
Appears in 1 contract
Samples: Financial Agreement (Aegean Marine Petroleum Network Inc.)