Common use of Receipt of Utilization Request Clause in Contracts

Receipt of Utilization Request. (i) Following the receipt of a Utilization Request, the Foreign Trade Facility Agent shall determine whether in its opinion the Utilization Request is duly completed. If the Foreign Trade Facility Agent is of the opinion that the Utilization Request is not duly completed, it shall promptly inform the relevant Borrower and shall liaise with such Borrower with a view to agree on a modification of such Utilization Request. If no such agreement can be reached, the Foreign Trade Facility Agent shall reject the Utilization Request. If the Foreign Trade Facility Agent is of the opinion (following a modification of such Utilization Request) that the Utilization Request is duly completed, it shall forward such Utilization Request to the designated FCI Issuing Lender(s). (ii) If the Foreign Trade Facility Agent determines that, due to the amount of the requested FCI, the requested FCI cannot be issued by a single FCI Issuing Lender, it shall promptly inform the relevant Borrower and such Borrower shall then either withdraw the relevant Utilization Request or instruct the Foreign Trade Facility Agent that the relevant FCI shall be split into two or, if necessary due to the amount of the FCI, more FCIs issued by two or more FCI Issuing Lenders. (iii) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Bilateral FCIs issued by all FCI Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Bilateral FCIs exceed the aggregate amount of the Bilateral FCI Issuing Commitments. (iv) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Participation FCIs issued by all FCI Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Participation FCIs exceed the aggregate amount of the Participation FCI Issuing Commitments or the Participation FCI Commitments.

Appears in 3 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

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Receipt of Utilization Request. (i) Following the receipt of a Utilization Request, the Foreign Trade Facility Agent shall determine whether in its opinion the Utilization Request is duly completed. If the Foreign Trade Facility Agent is of the opinion that the Utilization Request is not duly completed, it shall promptly inform the relevant Borrower and shall liaise with such Borrower with a view to agree on a modification of such Utilization Request. If no such agreement can be reached, the Foreign Trade Facility Agent shall reject the Utilization Request. If the Foreign Trade Facility Agent is of the opinion (as the case may be, following a modification of such Utilization Request) that the Utilization Request is duly completed, it shall forward such Utilization Request to the designated FCI determined Foreign Issuing Lender(s). (ii) If the Foreign Trade Facility Agent determines that, due to the amount of the requested FCIForeign Credit Instrument, the requested FCI Foreign Credit Instrument cannot be issued by a single FCI Foreign Issuing Lender, it shall promptly inform the relevant Borrower and such Borrower shall then either withdraw the relevant Utilization Request or instruct the Foreign Trade Facility Agent that the relevant FCI Foreign Credit Instrument shall be split into two or, if necessary due to the amount of the FCIForeign Credit Instrument, more FCIs Foreign Credit Instruments issued by two or more FCI several Foreign Issuing Lenders. (iii) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Bilateral FCIs Foreign Credit Instruments and Joint Signature Foreign Credit Instruments issued by all FCI Foreign Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Foreign Credit Disbursements of all such FCI Foreign Issuing Lenders with respect to Bilateral FCIs exceed the aggregate amount of the Bilateral FCI Issuing Commitments. (iv) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Participation FCIs issued by all FCI Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Participation FCIs exceed the aggregate amount of the Participation FCI Foreign Credit Instrument Issuing Commitments or the Participation FCI Foreign Credit Commitments.

Appears in 2 contracts

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp)

Receipt of Utilization Request. (i) Following the receipt of a Utilization Request, the Foreign Trade Facility Agent shall determine whether in its opinion the Utilization Request is duly completed. If the Foreign Trade Facility Agent is of the opinion that the Utilization Request is not duly completed, it shall promptly inform the relevant Borrower and shall liaise with such Borrower with a view to agree on a modification of such Utilization Request. If no such agreement can be reached, the Foreign Trade Facility Agent shall reject the Utilization Request. If the Foreign Trade Facility Agent is of the opinion (as the case may be, following a modification of such Utilization Request) that the Utilization Request is duly completed, it shall forward such Utilization Request to the designated FCI determined Foreign Issuing Lender(s). (ii) If the Foreign Trade Facility Agent determines that, due to the amount of the requested FCIForeign Credit Instrument, the requested FCI Foreign Credit Instrument cannot be issued by a single FCI Foreign Issuing Lender, it shall promptly inform the relevant Borrower and such Borrower shall then either withdraw the relevant Utilization Request or instruct the Foreign Trade Facility Agent that the relevant FCI Foreign Credit Instrument shall be split into two or, if necessary due to the amount of the FCIForeign Credit Instrument, more FCIs Foreign Credit Instruments issued by two or more FCI Foreign Issuing Lenders. (iii) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Bilateral FCIs Foreign Credit Instruments issued by all FCI Foreign Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Foreign Credit Disbursements of all such FCI Foreign Issuing Lenders with respect to Bilateral FCIs Foreign Credit Instruments exceed the aggregate amount of the Bilateral FCI Foreign Credit Instrument Issuing Commitments. (iv) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Participation FCIs Foreign Credit Instruments and Participation Joint Signature Foreign Credit Instruments issued by all FCI Foreign Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Foreign Credit Disbursements of all such FCI Foreign Issuing Lenders with respect to Participation FCIs Foreign Credit Instruments exceed the aggregate amount of the Participation FCI Foreign Credit Instrument Issuing Commitments or the Participation FCI Foreign Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

Receipt of Utilization Request. (i) Following the receipt of a Utilization Request, the Foreign Trade Facility Agent shall determine whether in its opinion the Utilization Request is duly completed. If the Foreign Trade Facility Agent is of the opinion that the Utilization Request is not duly completed, it shall promptly inform the relevant Borrower and shall liaise with such Borrower with a view to agree on a modification of such Utilization Request. If no such agreement can be reached, the Foreign Trade Facility Agent shall reject the Utilization Request. If the Foreign Trade Facility Agent is of the opinion (following a modification of such Utilization Request) that the Utilization Request is duly completed, it shall forward such Utilization Request to the designated FCI Issuing Lender(s). (ii) If the Foreign Trade Facility Agent determines that, due to the amount of the requested FCI, the requested FCI cannot be issued by a single FCI Issuing Lender, it shall promptly inform the relevant Borrower and such Borrower shall then either withdraw the relevant Utilization Request or instruct the Foreign Trade Facility Agent that the relevant FCI shall be split into two or, if necessary due to the amount of the FCI, more FCIs issued by two or more FCI Issuing Lenders. (iii) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Bilateral FCIs issued by all FCI Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Bilateral FCIs exceed the aggregate amount of the Bilateral FCI Issuing Commitments. (iv) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Participation FCIs issued by all FCI Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Participation FCIs exceed the aggregate amount of the Participation FCI Issuing Commitments or the Participation FCI Commitments.

Appears in 1 contract

Samples: Credit Agreement (SPX Technologies, Inc.)

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Receipt of Utilization Request. (i) Following the receipt of a Utilization Request, the Foreign Trade Facility Agent shall determine whether in its opinion the Utilization Request is duly completed. If the Foreign Trade Facility Agent is of the opinion that the Utilization Request is not duly completed, it shall promptly inform the relevant Borrower and shall liaise with such Borrower with a view to agree on a modification of such Utilization Request. If no such agreement can be reached, the Foreign Trade Facility Agent shall reject the Utilization Request. If the Foreign Trade Facility Agent is of the opinion (as the case may be, following a modification of such Utilization Request) that the Utilization Request is duly completed, it shall forward such Utilization Request to the designated FCI determined Foreign Issuing Lender(s). (ii) If the Foreign Trade Facility Agent determines that, due to the amount of the requested FCIForeign Credit Instrument, the requested FCI Foreign Credit Instrument cannot be issued by a single FCI Foreign Issuing Lender, it shall promptly inform the relevant Borrower and such Borrower shall then either withdraw the relevant Utilization Request or instruct the Foreign Trade Facility Agent that the relevant FCI Foreign Credit Instrument shall be split into two or, if necessary due to the amount of the FCIForeign Credit Instrument, more FCIs Foreign Credit Instruments issued by two or more FCI several Foreign Issuing Lenders. (iii) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Bilateral FCIs Foreign Credit Instruments issued by all FCI Foreign Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Foreign Credit Disbursements of all such FCI Foreign Issuing Lenders with respect to Bilateral FCIs Foreign Credit Instruments exceed the aggregate amount of the Bilateral FCI Foreign Credit Instrument Issuing Commitments. (iv) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Participation FCIs Foreign Credit Instruments and Participation Joint Signature Foreign Credit Instruments issued by all FCI Foreign Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Foreign Credit Disbursements of all such FCI Foreign Issuing Lenders with respect to Participation FCIs Foreign Credit Instruments exceed the aggregate amount of the Participation FCI Foreign Credit Instrument Issuing Commitments or the Participation FCI Foreign Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

Receipt of Utilization Request. (i) Following the receipt of a Utilization Request, the Foreign Trade Facility Agent shall determine whether in its opinion the Utilization Request is duly completed. If the Foreign Trade Facility Agent is of the opinion that the Utilization Request is not duly completed, it shall promptly inform the relevant Borrower and shall liaise with such Borrower with a view to agree on a modification of such Utilization Request. If no such agreement can be reached, the Foreign Trade Facility Agent shall reject the Utilization Request. If the Foreign Trade Facility Agent is of the opinion (following a modification of such Utilization Request) that the Utilization Request is duly completed, it shall forward such Utilization Request to the designated FCI Issuing Lender(s). (ii) If the Foreign Trade Facility Agent determines that, due to the amount of the requested FCI, the requested FCI cannot be issued by a single FCI Issuing Lender, it shall promptly inform the relevant Borrower and such Borrower shall then either withdraw the relevant Utilization Request or instruct the Foreign Trade Facility Agent that the relevant FCI shall be split into two (2) or, if necessary due to the amount of the FCI, more FCIs issued by two (2) or more FCI Issuing Lenders. (iii) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Bilateral FCIs issued by all FCI Issuing Lenders Lenders, plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Bilateral FCIs Lenders, exceed the aggregate amount of the Bilateral FCI Issuing Commitments. (iv) In no event shall the aggregate amount (without duplication) of the sum of the Dollar Equivalent of all Participation FCIs issued by all FCI Issuing Lenders plus the Dollar Equivalent of all unreimbursed FCI Disbursements of all such FCI Issuing Lenders with respect to Participation FCIs exceed the aggregate amount of the Participation FCI Issuing Commitments or the Participation FCI Commitments.

Appears in 1 contract

Samples: Credit Agreement (SPX FLOW, Inc.)

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