Participations in Advances. (a) Subject to the terms of this Agreement, each Lender shall, on the date specified in any Request for an Advance, make available to the Facility Agent for the account of the relevant Borrower the amount of its participation in that Advance. All such amounts shall be made available to the Facility Agent in accordance with Clause 9.2 (Funds) for disbursement to or to the order of the relevant Borrower in accordance with the provisions of this Agreement. (b) The amount of a Lender’s participation in an Advance will be the proportion (applied to the amount set out in the Request) which: (i) in the case of a Facility D1 Advance, its Facility D1 Commitment bears to the Total Facility D1 Commitments; (ii) in the case of a Facility D2 Advance, its Facility D2 Commitment bears to the Total Facility D2 Commitments; (iii) in the case of a Facility D3 Advance, its Facility D3 Commitment bears to the Total Facility D3 Commitments; (iv) in the case of a Facility D4 Advance, its Facility D4 Commitment bears to the Total Facility D4 Commitments; (v) in the case of a Facility D5 Advance, its Facility D5 Commitment bears to the Total Facility D5 Commitments; and (vi) in the case of an Additional Facility Advance, its relevant Additional Facility Commitment bears to the relevant Total Additional Facility Commitments. (c) If an Advance is to be drawn down in US Dollars, the amount of each Lender’s participation in that Advance will be determined by converting into US Dollars the Lender’s participation in the Original Euro Amount of that Advance on the basis of the Agent’s Spot Rate of Exchange three Business Days before its Utilisation Date. (d) Advances denominated in euro will only be made available in the euro unit.
Appears in 2 contracts
Samples: Restated Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
Participations in Advances. (a) Subject to the terms of this Agreement, each Lender shall, on the date specified in any Request for an Advance, make available to the Facility Agent for the account of the relevant Borrower the amount of its participation in that Advance. All such amounts shall be made available to the Facility Agent in accordance with Clause 9.2 (Funds) for disbursement to or to the order of the relevant Borrower in accordance with the provisions of this Agreement.
(b) The amount of a Lender’s 's participation in an Advance will be the proportion (applied to the amount set out in the Request) which:
(i) in the case of a Facility D1 A Advance, its Facility D1 A Commitment bears to the Total Facility D1 A Commitments;
(ii) in the case of a Facility D2 B Advance, its Facility D2 B Commitment bears to the Total Facility D2 B Commitments;
(iii) in the case of a Facility D3 C1 Advance, its Facility D3 C1 Commitment bears to the Total aggregate of the Facility D3 C1 Commitments;; and
(iv) in the case of a Facility D4 C2 Advance, its Facility D4 C2 Commitment bears to the Total aggregate of the Facility D4 Commitments;
(v) in the case of a Facility D5 Advance, its Facility D5 Commitment bears to the Total Facility D5 Commitments; and
(vi) in the case of an Additional Facility Advance, its relevant Additional Facility Commitment bears to the relevant Total Additional Facility C2 Commitments.
(c) If an Advance is to be drawn down in US Dollarsan Optional Currency, the amount of each Lender’s 's participation in that Advance will be determined by converting into US Dollars that Optional Currency the Lender’s 's participation in the Original Euro Amount of that Advance on the basis of the Agent’s 's Spot Rate of Exchange three Business Days before its Utilisation Date.
(d) Advances denominated in euro will only be made available in the euro unit.
Appears in 2 contracts
Samples: Credit Agreement (Unitedglobalcom Inc), Senior Secured Credit Facility (United Pan Europe Communications Nv)
Participations in Advances. (a) Subject to the terms of this Agreement, each Lender shall, on the date specified in any Request for an Advance, make available to the Facility Agent for the account of the relevant Borrower the amount of its participation in that Advance. All such amounts shall be made available to the Facility Agent in accordance with Clause 9.2 (Funds) for disbursement to or to the order of the relevant Borrower in accordance with the provisions of this Agreement.
(b) The amount of a Lender’s participation in an Advance will be the proportion (applied to the amount set out in the Request) which:
(i) in the case of a Facility D1 A Advance, its Facility D1 A Commitment bears to the Total Facility D1 A Commitments;
(ii) in the case of a Facility D2 B Advance, its Facility D2 B Commitment bears to the Total Facility D2 B Commitments;
(iii) in the case of a Facility D3 C1 Advance, its Facility D3 C1 Commitment bears to the Total aggregate of the Facility D3 C1 Commitments;; and
(iv) in the case of a Facility D4 C2 Advance, its Facility D4 C2 Commitment bears to the Total aggregate of the Facility D4 Commitments;
(v) in the case of a Facility D5 Advance, its Facility D5 Commitment bears to the Total Facility D5 Commitments; and
(vi) in the case of an Additional Facility Advance, its relevant Additional Facility Commitment bears to the relevant Total Additional Facility C2 Commitments.
(c) If an Advance is to be drawn down in US Dollarsan Optional Currency, the amount of each Lender’s participation in that Advance will be determined by converting into US Dollars that Optional Currency the Lender’s participation in the Original Euro Amount of that Advance on the basis of the Agent’s Spot Rate of Exchange three Business Days before its Utilisation Date.
(d) Advances denominated in euro will only be made available in the euro unit.
Appears in 2 contracts
Samples: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Liberty Global, Inc.)
Participations in Advances. (a) Subject to the terms of this Agreement, each Lender shall, on the date specified in any Request for an Advance, make available to the Facility Agent for the account of the relevant Borrower the amount of its participation in that Advance. All such amounts shall be made available to the Facility Agent in accordance with Clause 9.2 (Funds) for disbursement to or to the order of the relevant Borrower in accordance with the provisions of this Agreement.
(b) The amount of a Lender’s 's participation in an Advance will be the proportion (applied to the amount set out in the Request) which:
(i) in the case of a Facility D1 Advance, its Facility D1 Commitment bears to the Total Facility D1 Commitments;
(ii) in the case of a Facility D2 Advance, its Facility D2 Commitment bears to the Total Facility D2 Commitments;
(iii) in the case of a Facility D3 Advance, its Facility D3 Commitment bears to the Total Facility D3 Commitments;
(iv) in the case of a Facility D4 Advance, its Facility D4 Commitment bears to the Total Facility D4 Commitments;
(v) in the case of a Facility D5 Advance, its Facility D5 Commitment bears to the Total Facility D5 Commitments; and
(vi) in the case of an Additional Facility Advance, its relevant Additional Facility Commitment bears to the relevant Total Additional Facility Commitments.
(c) If an Advance is to be drawn down in US Dollars, the amount of each Lender’s 's participation in that Advance will be determined by converting into US Dollars the Lender’s 's participation in the Original Euro Amount of that Advance on the basis of the Agent’s 's Spot Rate of Exchange three Business Days before its Utilisation Date.
(d) Advances denominated in euro will only be made available in the euro unit.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Unitedglobalcom Inc)
Participations in Advances. (a) Subject to the terms of this Agreement, each Lender shall, on the date specified in any Request for an Advance, make available to the Facility Agent for the account of the relevant Borrower the amount of its participation in that Advance. All such amounts shall be made available to the Facility Agent in accordance with Clause 9.2 15.2 (Funds) for disbursement to or to the order of the relevant Borrower in accordance with the provisions of this Agreement.
(b) The amount of a Lender’s participation in an Advance will be the proportion (applied to the amount set out in the Request) which:
(i) in the case of a Facility D1 A Advance, its Facility D1 A Commitment bears to the Total Facility D1 A Commitments;
(ii) in the case of a Facility D2 B Advance, its Facility D2 B Commitment bears to the Total Facility D2 B Commitments;
(iii) in the case of a Facility D3 C1 Advance, its Facility D3 C1 Commitment bears to the Total aggregate of the Facility D3 C1 Commitments;; and
(iv) in the case of a Facility D4 C2 Advance, its Facility D4 C2 Commitment bears to the Total aggregate of the Facility D4 Commitments;
(v) in the case of a Facility D5 Advance, its Facility D5 Commitment bears to the Total Facility D5 Commitments; and
(vi) in the case of an Additional Facility Advance, its relevant Additional Facility Commitment bears to the relevant Total Additional Facility C2 Commitments.
(c) If an Advance is to be drawn down in US Dollarsan Optional Currency, the amount of each Lender’s participation in that Advance will be determined by converting into US Dollars that Optional Currency the Lender’s participation in the Original Euro Amount of that Advance on the basis of the Agent’s Spot Rate of Exchange three Business Days before its Utilisation Date.
(d) Advances denominated in euro will only be made available in the euro unit.
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