Utilisation of the Facilities Sample Clauses

Utilisation of the Facilities. 6.1. Subject to clause 5.2 (Conditions to further Utilisation of Facility) above, the Borrower may utilise the Facilities during the Availability Period by delivering to the Facility Agent a duly completed Utilisation Request not later than 11am not less than 5 (five) Business Days prior to the proposed Utilisation Date. 6.2. Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: 6.2.1. the proposed Utilisation Date is a Business Day within the Availability Period; 6.2.2. the currency of the proposed Loan is ZAR; 6.2.3. the amount of the proposed Loan is a minimum amount of ZAR50 000 000 (fifty million Rand) (or, if less, the Available Facility); 6.2.4. in respect of any utilisation of Facility B, it specifies an Interest Period of three or six Months applicable to the proposed Loan; 6.2.5. it specifies a bank account in South Africa to which the Borrower wishes the proceeds of the Loan to be credited; and
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Utilisation of the Facilities. In the event that the Facilities or part of it shall for whatever reason be unutilised after three (3) months from the date of the relevant Letter of Offer or after such other period as the Lender may stipulate at its absolute discretion, the Lender shall be at liberty at its absolute discretion to withdraw the Facilities in which event the Borrower(s) shall reimburse all costs, fees and expenses including legal fees incurred by the Lender or to vary the terms of the Facilities.
Sample 1
Utilisation of the Facilities. 4.1 To the extent that all the conditions precedent set out in (S)5 are satisfied, the Facilities may be drawn on and subject to the following terms and conditions by the delivery to the Paying Agent, with a copy to the Agent, of a written Drawdown Notice to be received by the Paying Agent, in the case of the first Drawdown Notice at least ten (10) Banking Days before the drawdown date and, in the case of any other Drawdown Notice five (5) Banking Days before the drawdown date, set out in such notice: 4.1.1 Facility A ---------- Prior to Completion, advances shall be made up to the cumulative limit in each Project Phase set out in the Drawdown Schedule in accordance with the Project Schedule. Such limit and any advances drawn after Completion shall not, however, without the prior written consent of the Guarantors, be greater than the maximum guaranty amount for any calendar year prescribed by the Guarantors pursuant to Schedule 63. Advances shall be in minimum amounts of DM 15,000,000 and in integral multiples of DM 5,000,000 or in an equal amount to the undrawn portion of Facility A. No more than one advance may be made in any calendar month. Drawdowns in any Project Phase are permitted only in the amount of Project Costs which have been incurred during the same Project Phase, as the same are documented by invoices and other supporting evidence to be furnished together with the Drawdown Notice, as required below. Drawdowns in a current Project Phase are however permitted in respect of Project Costs which are shown to have been incurred in respect of an invoice for goods or services performed or delivered, submitted in the last thirty days prior to the end of a prior Project Phase and which have been included in full in the first Drawdown Notice of such current Project Phase. The preceding two sentences shall not apply to drawdowns requested following Completion. Drawdown Notices, and the confirmation contained therein from AMD Saxonia in the form set out in Schedule 3, shall be furnished to the Agent and ---------- the Paying Agent at the same time. The following documents shall be furnished to the Agent together with relevant Drawdown Notice: (i) written confirmation of the Managing Directors (Geschaftsfuhrung) of AMD Saxonia and an authorised representative of AMD Inc. that the conditions precedent referred to in (S)(S) 5.2.2 to 5.2.4 with respect to it have been satisfied at the time of the Drawdown Notice; (ii) in respect of drawdowns requested prior ...
Sample 1
Utilisation of the Facilities. 42 6.1 Delivery of a Drawdown Request............................... 42 6.2
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Utilisation of the Facilities. Drawdown Conditions for Advances An Advance will be made by the Banks to a Borrower in accordance with the provisions hereof if: no later than 10.00 a.m. (London time) and not more than ten nor less than three Business Days before the proposed date for the making of such Advance, the Agent has received a completed Notice of Drawdown from such Borrower; the proposed date for the making of such Advance is (a) in the case of a Tranche A Advance, a Business Day falling one month or more before the Tranche A Termination Date or, (b) in the case of a Tranche B Advance, a Business Day falling one month or more before the Tranche B Termination Date; no more than one Tranche A Advance and one Tranche B Advance shall be made on the proposed date for the making of such Advance and after the making of such Advance there will be no more than 20 Advances outstanding; in the case of a Tranche A Advance, the proposed Original EURO Amount of such Advance is (a) (if less than the Available Tranche A Facility) an amount equal to or greater than euro 25,000,000 and an integral multiple of euro 5,000,000 or (b) equal to the amount of the Available Tranche A Facility; in the case of a Tranche B Advance, the proposed Original EURO Amount of such Advance is (a) (if less than the Available Tranche B Facility) an amount equal to or greater than euro 25,000,000 and an integral multiple of euro 5,000,000 or (b) equal to the amount of the Available Tranche B Facility; and the proposed Interest Period of the Advance requested is a period of one, two, three or six months or such other period as the Agent may, with the consent of all of the Banks to participate in such Advance, agree (a) in the case of a Tranche A Advance ending on or before the Tranche A Termination Date and (b) in the case of a Tranche B Advance, ending on or before the Tranche B Termination Date. Conditions for Drawing an Advance in an Optional Currency If a Borrower requests that an Advance be denominated in an Optional Currency but: no later than one hour after the time at which the rate is to be determined on the Quotation Date for such Advance, the Agent notifies the relevant Borrower and the Banks that the Agent is of the opinion that it is not feasible for such Advance to be denominated in such Optional Currency; or to give effect to such request would cause the Loan to be denominated in more than four Optional Currencies, the Agent shall notify the relevant Borrower and the Banks and such Advance shall be denom...
Sample 1
Utilisation of the Facilities 
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Related to Utilisation of the Facilities

  • Utilisation 4.1 On the Initial Closing Date, the Expenses Loan Provider made an Advance in the aggregate amount of £45,650,000 (the Initial Advance) to Loan Note Issuer No.1, which shall be deemed to be three separate Advances as follows: (a) the first advance being in the amount of £35,000,000 for the credit of the Series Cash Reserve Account (the First Advance); (b) the second advance being in the amount of £8,750,000 for the credit of the Programme Reserve Account (the Second Advance); and (c) the third advance being in the amount of £1,900,000 for the credit of the Loan Note Issuer No.1 Distribution Account (the Third Advance, and together with the First Advance and the Second Advance, the 2013 Advances). 4.2 Loan Note Issuer No.1 may utilise the Facility on any Closing Date by delivering to the Expenses Loan Provider by no later than the close of business on the Business Day prior to such Closing Date a Utilisation Request. 4.3 Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (a) the proposed Utilisation Date is a Business Day which corresponds with a Closing Date; and (b) it specifies the amount of each Advance to be made pursuant to the Utilisation Request. 4.4 One or more Advances may be requested in each Utilisation Request. 4.5 Loan Note Issuer No.1 is deemed to repeat the representations set out in Clause9 (Representations of Loan Note Issuer No.1 and the Expenses Loan Provider) on the date of each Utilisation Request. 4.6 If the Expenses Loan Provider decides, in its absolute discretion, to make an Advance pursuant to the Utilisation Request, the Expenses Loan Provider will deliver to Loan Note Issuer No. 1, by no later than the close of business on the Business Day prior to the Closing Date on which such Advance is to be made, a Utilisation Notice specifying the terms on which the Advance will be made including, without limitation, the Applicable Margin in respect of each Advance. A Utilisation Notice may specify the terms of one or more Advances requested pursuant to a Utilisation Request. 4.7 The Expenses Loan Provider may also specify in a Utilisation Notice any increase which it proposes to make to the Facility Limit. 4.8 By no later than the close of business on the Business Day prior to the Closing Date on which an Advance is to be made, Loan Note Issuer No.1 will deliver a Utilisation Confirmation to the Expenses Loan Provider confirming the terms of each Advance and the increase in the Facility Limit (if any) as set out in the Utilisation Notice. 4.9 On the Closing Date on which an Advance is to be made following the receipt of a Utilisation Confirmation and if such Advance is subject to scheduled principal repayments, the Expenses Loan Provider will deliver to Loan Note Issuer No.1 an amortisation schedule in substantially the form of Schedule 2 (Pro-forma Amortisation Schedule) attached hereto setting out the Repayment Amounts to be paid in relation to each such Advance as well as clearly specifying the Initial Interest Payment Date in relation to such Advance (the Amortisation Schedule) provided that (a) in respect of the Third Advance, the Expenses Loan Provider will deliver to Loan Note Issuer No.1 an amortisation schedule in substantially the form of Schedule 1 (Third Advance Amortisation Schedule) (the Third Advance Amortisation Schedule), (b) in respect of the First Advance, the Final Repayment Date shall be the Interest Payment Date in May 2018, and (c) in respect of the Second Advance, the Final Repayment Date shall be the Interest Payment Date in May 2020. 4.10 Advances made under this Agreement will not be consolidated.

  • Completion of a Utilisation Request (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) the proposed Utilisation Date is a Business Day within the Availability Period; (ii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); and (iii) the proposed Interest Period complies with Clause 9 (Interest Periods). (b) Only one Loan may be requested in each Utilisation Request.

  • Conditions of Utilisation 4.1 Initial conditions precedent

  • The Facility Subject to the terms of this Agreement, the Lenders make available to the Borrowers a multicurrency revolving loan facility in an aggregate amount equal to the Total Commitments.

  • The Facilities Subject to the terms of this Agreement, the Lenders make available to the Borrower: (a) a sterling term loan facility in an aggregate amount equal to the Total Facility A Commitments; (b) a sterling term loan facility in an aggregate amount equal to the Total Facility B Commitments; and (c) a sterling term loan facility in an aggregate amount equal to the Total Facility C Commitments.

  • Banking Facilities Schedule 3.25 sets forth a complete and correct list of: (a) each bank, savings and loan or similar financial institution in which the Company or any of its Subsidiaries has an account or safety deposit box and the numbers of such accounts or safety deposit boxes maintained thereat; and (b) the names of all persons authorized to draw on each such account or to have access to any such safety deposit box, together with a description of the authority (and conditions thereto, if any) of each person with respect thereto.

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • Facility Access Notwithstanding any other provision of the Agreement, the Customer shall provide the Authority with such access to the Facility, and such documentation, as the Authority deems necessary to determine the Customer’s compliance with the Customer’s Supplemental Commitments specified in this Schedule B.

  • CONDITIONS OF INITIAL EXTENSION OF CREDIT The obligation of Bank to extend any credit contemplated by this Agreement is subject to the fulfillment to Bank's satisfaction of all of the following conditions: