Common use of Utilisation of the Revolving Facility Clause in Contracts

Utilisation of the Revolving Facility. 6.1 Utilisation Conditions for the Revolving Facility 6.1.1 not more than ten nor less than three Business Days before the proposed Utilisation Date, the Agent has received a completed Notice of Drawdown from such Borrower stating whether the utilisation is to be made by way of Revolving Advance; 6.1.2 the proposed Utilisation Date is a Business Day falling one month or more before the Revolving Termination Date and the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in respect of a Revolving 1 Advance, the amount of such Revolving 1 Advance is (a) (if less than the Available Revolving 1 Facility) an amount not less than Table of Contents USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 1 Facility; 6.1.4 in respect of a Revolving 2 Advance, the amount of such Revolving 2 Advance is (a) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 (in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of one, three, six or twelve months (provided that prior to the Syndication Date only periods of one month or less will be selected as the Agent and the Borrower may agree, except for the first Revolving Advance which shall begin on the day such Revolving Advance is made and will expire on the last Business Day of the current month) in each case ending on or before the Revolving Termination Date; 6.1.6 there would not, immediately after the making of such Revolving Advance, be more than five Revolving 1 Advances outstanding and five Revolving 2 Advances outstanding; and 6.1.7 on the date of the Notice of Drawdown and on and as of the proposed Utilisation Date, (a) no Event of Default or Potential Event of Default is continuing or shall occur as a result of the making of such Revolving Advance and (b) the Repeated Representations are true (before and after the making of such Revolving Advance).

Utilisation of the Revolving Facility. 6.1 Utilisation Conditions for the Revolving FacilityFacility Save as otherwise provided herein, a Revolving Advance will be made by the Lenders to the Borrower if: 6.1.1 not more than ten nor less than three Business Days before the proposed Utilisation Date, the Agent has received a completed Notice of Drawdown from such the Borrower stating whether the utilisation is to be made by way of Revolving Advance; 6.1.2 the proposed Utilisation Date is a Business Day falling one month or more before the Revolving Termination Date and the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in respect of a Revolving 1 Advance, the amount of such the Revolving 1 Advance is (a) (if less than the Available Revolving 1 Facility) an amount not less than Table of Contents USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 1 Facility; 6.1.4 in respect of a Revolving 2 Advance, the amount of such Revolving 2 Advance is (a) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 6.1.4 (in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of one, three, six or twelve months (provided that prior to the Syndication Date only periods of one month or less will be selected as the Agent and the Borrower may agree, except for the first Revolving Advance which shall begin on the day such Revolving Advance is made and will expire on the last Business Day of the current month) in each case ending on or before the Revolving Termination Date; 6.1.6 6.1.5 there would not, immediately after the making of such Revolving Advance, be more than five Revolving 1 Advances outstanding and five Revolving 2 Advances outstanding; and 6.1.7 6.1.6 on the date of the Notice of Drawdown and on and as of the proposed Utilisation Date, (a) no Event of Default or Potential Event of Default is continuing or shall occur as a result of the making of such Revolving Advance and (b) the Repeated Representations are true (before and after the making of such Revolving Advance). 6.2 Each Lender's Participation in Revolving Advances Each Lender will participate through its Facility Office in each Revolving Advance made pursuant to this Clause 6 in the proportion borne by its Available Revolving Commitment to the Available Revolving Facility immediately prior to the making of that Revolving Advance.

Utilisation of the Revolving Facility. 6.1 Utilisation Drawdown Conditions for Revolving Advances A Revolving Advance will be made by the Revolving FacilityBanks to a Borrower if: 6.1.1 not more than ten nor less than three four Business Days before the proposed Utilisation Datedate for the making of such Revolving Advance, the Facility Agent has received a completed Notice of Drawdown from such Borrower stating whether the utilisation is to be made by way of Revolving AdvanceBorrower; 6.1.2 the proposed Utilisation Date date for the making of such Revolving Advance is a Business Day falling (a) after 31 May 2000; and (b) one month or more before the Revolving Termination Date and the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in respect the proposed date for the making of a such Revolving 1 Advance, Advance is not less than five Business Days after the date upon which the previous Revolving Advance (if any) was made; 6.1.4 the proposed amount of such Revolving 1 Advance is (a) (if less than the Available Revolving 1 Facility) an a minimum amount not less than Table of Contents USD 1,000,000 (Euro) 2,000,000 and an integral multiple of USD 250,000 (Euro) 1,000,000 or (b) equal to the amount of the Available Revolving 1 Facility; 6.1.4 in respect of a Revolving 2 Advance, the amount of such Revolving 2 Advance is (a) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 (in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of (a) one, threetwo, three or six months or twelve months (provided that prior such other period as may be agreed to by the Syndication Date only periods Facility Agent acting on the instructions of one month or less will be selected as all the Agent Banks and the Borrower may agree, except for the first Revolving Advance which shall begin on the day such Revolving Advance is made and will expire on the last Business Day of the current month) EIF in each case ending on or before the Revolving Termination Date; 6.1.6 ; or (b) in relation to a Revolving Advance to be made prior to the Conversion Date, such other period of less than one month, if necessary to ensure that there would notare Revolving Advances which have a Term ending on the Conversion Date in an aggregate amount of less than or equal to the Conversion Available Amount, immediately after provided that prior to the making Syndication Date, only periods of such Revolving Advance, one month or a period previously approved by the Lead Arrangers may be more than five Revolving 1 Advances outstanding and five Revolving 2 Advances outstandingchosen; and 6.1.6 the conditions set out in Clause 6.2 (Revolving Facility Availability Tests) are satisfied; 6.1.7 on (save in relation to a Renewed Advance) the date of the Notice of Drawdown and Repeated Representations are true in all material respects on and as of the proposed Utilisation Date, (a) no Event of Default or Potential Event of Default is continuing or shall occur as a result of date for the making of such Revolving Advance and (b) the Repeated Representations are true (before and after giving effect to such and to the making application of the proceeds therefrom, as though made on and as of such Revolving Advance).date;

Utilisation of the Revolving Facility. 6.1 Utilisation Drawdown Conditions for Revolving Advances A Revolving Advance (which is not a Rollover Advance) will be made by the Revolving FacilityBanks to the Principal Borrower or, as the case may be, a Rollover Advance will be made by the Banks to a Borrower if: 6.1.1 not more than ten nor less than three Business Days before during the proposed Utilisation Date, Notice Period the Agent has received a completed Notice of Drawdown from such Borrower stating whether the utilisation is to be made by way of Revolving AdvanceBorrower; 6.1.2 the proposed Utilisation Date date for the making of such Revolving Advance is a Business Day falling one month or more before the Revolving Termination Date and the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in respect the proposed date for the making of a such Revolving 1 Advance, Advance is not less than five Business Days after the date upon which the previous Revolving Advance (if any) was made; 6.1.4 the proposed amount of such Revolving 1 Advance is is, subject to the provisions of sub-clause 6.1.6 below (a) (if less than the Available Revolving 1 Facility) Facility an amount not less equal to or greater than Table of Contents USD 1,000,000 and an integral multiple of USD 250,000 CHF25,000,000 or (b) equal to the amount of the Available Revolving 1 Facility; 6.1.4 in respect of a Revolving 2 Advance, the amount of such Revolving 2 Advance is (a) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 (in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of one, three, six or twelve months (provided that prior to the Syndication Date only periods of one month or less will be selected as the Agent and the Borrower may agree, except for the first Revolving Advance which shall begin on the day such Revolving Advance is made and will expire on the last Business Day of the current month) in each case ending on or before the Revolving Termination Date; 6.1.6 there would not, immediately after the making of such Revolving Advance, be more than five six Revolving 1 Advances outstanding and five Revolving 2 Advances outstanding; 6.1.6 save as otherwise provided in Clause 6.2 (Availability of Revolving Facility in Excess of the Facilities Cap), the Loan would not, immediately after the making of such Revolving Advance, be greater than CHF 3,755,000,000; 6.1.7 (save in relation to a Rollover Advance) the proposed Revolving Advance is to be credited to: (a) in the case of a Revolving Advance which is to be applied towards any purpose permitted by sub-clause 2.2.2 of Clause 2.2 (Purpose and Application) (except a purpose specifically referred to in sub-paragraph (b) below), a Receivables Account in the name of the Principal Borrower provided always that the maximum aggregate principal amount of such Revolving Advances which may be made for such purposes shall not exceed CHF 93,493,381; or (b) in the case of a Revolving Advance which is to be applied in payment to the Banks of interest due hereunder and/or in payment to one or more Hedge Counterparties of Hedging Liabilities the Interest Account provided always that the maximum aggregate principal amount of such Revolving Advances which may be made for such purposes shall not exceed CHF 86,506,619; 6.1.8 the proposed Term of the Revolving Advance requested is a period of one, two, three or six months or such other period as the Agent (acting on the instructions of all of the Banks) may agree in each case ending on or before the Termination Date; 6.1.9 (save in relation to a Rollover Advance) neither of the events mentioned in sub-clauses 8.1.1 and 8.1.2 of Clause 8.1 (Market Disruption) shall have occurred; and 6.1.7 on the date of the Notice of Drawdown and 6.1.10 on and as of the proposed Utilisation Date, date for the making of such Revolving Advance: (a) (save in relation to a Rollover Advance) no Event of Default or Potential Event of Default is continuing or shall occur as a result of the making of such Revolving Advance and continuing; and (b) the Repeated Representations are true in all material respects. 6.2 Availability of Revolving Facility in Excess of the Facilities Cap 6.2.1 Notwithstanding sub-clause 6.1.6 of Clause 6.1 (before and after Drawdown Conditions for Revolving Advances), the Principal Borrower shall be entitled to request the making of further Revolving Advances which would cause the Loan to exceed the Facilities Cap provided always that the maximum amount of the Revolving Loan shall not, at any time, exceed the aggregate of the Revolving Commitments of the Banks. 6.2.2 Such request shall be made by delivery of a written notice from the Principal Borrower to the Agent not less than fifteen Business Days prior to the proposed date for the making of such further Revolving Advance)Advances. Such written notice shall specify the aggregate principal amount of the proposed further Revolving Advances, and the proposed purpose and application of the proceeds thereof. 6.2.3 The Agent shall as soon as reasonably practicable notify the Banks of any notice received by it from the Principal Borrower pursuant to sub-clause 6.

Utilisation of the Revolving Facility. 6.1 Utilisation Drawdown Conditions for Revolving Advances A Revolving Advance will be made by the Revolving FacilityBanks to a Borrower if: 6.1.1 not more than ten nor less than three four Business Days before the proposed Utilisation Datedate for the making of such Revolving Advance, the Facility Agent has received a completed Notice of Drawdown from such Borrower stating whether the utilisation is to be made by way of Revolving AdvanceBorrower; 6.1.2 the proposed Utilisation Date date for the making of such Revolving Advance is a Business Day falling (a) after 31 May 2000; and (b) one month or more before the Revolving Termination Date and the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in respect the proposed date for the making of a such Revolving 1 Advance, Advance is not less than five Business Days after the date upon which the previous Revolving Advance (if any) was made; 6.1.4 the proposed amount of such Revolving 1 Advance is (a) (if less than the Available Revolving 1 Facility) an a minimum amount not less than Table of Contents USD 1,000,000 (Euro)2,000,000 and an integral multiple of USD 250,000 (Euro)1,000,000 or (b) equal to the amount of the Available Revolving 1 Facility; 6.1.4 in respect of a Revolving 2 Advance, the amount of such Revolving 2 Advance is (a) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 (in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of (a) one, threetwo, three or six months or twelve months (provided that prior such other period as may be agreed to by the Syndication Date only periods of one month or less will be selected as the Facility Agent and the Borrower may agree, except for the first Revolving Advance which shall begin acting on the day such Revolving Advance is made and will expire on instructions of all the last Business Day of the current month) Banks in each case ending on or before the Revolving Termination Date; 6.1.6 ; or (b) in relation to a Revolving Advance to be made prior to the Conversion Date, such other period of less than one month, if necessary to ensure that there would notare Revolving Advances which have a Term ending on the Conversion Date in an aggregate amount of less than or equal to the Conversion Available Amount, immediately after provided that prior to the making Syndication Date, only periods of such Revolving Advance, one month or a period previously approved by the Lead Arrangers may be more than five Revolving 1 Advances outstanding and five Revolving 2 Advances outstandingchosen; and 6.1.6 the conditions set out in Clause 6.2 (Revolving Facility Availability Tests) are satisfied; 6.1.7 on (save in relation to a Renewed Advance) the date of the Notice of Drawdown and Repeated Representations are true in all material respects on and as of the proposed Utilisation Date, (a) no Event of Default or Potential Event of Default is continuing or shall occur as a result of date for the making of such Revolving Advance and (b) the Repeated Representations are true (before and after giving effect to such and to the making application of the proceeds therefrom, as though made on and as of such Revolving Advance).date;

Utilisation of the Revolving Facility. 6.1 Utilisation Conditions for UTILISATION CONDITIONS FOR THE REVOLVING FACILITY A Revolving Advance will be made by the Revolving FacilityBanks to a Revolving Borrower or a Bank Guarantee will be issued by the Fronting Bank at a Revolving Borrower's request if: 6.1.1 not more than ten nor less than three four Business Days before the proposed Utilisation Date, the Facility Agent has received no later than noon a completed Notice of Drawdown from such Revolving Borrower stating whether the utilisation is to be made by way of Revolving AdvanceAdvance or Bank Guarantee; 6.1.2 the proposed Utilisation Date is a Business Day falling one month or more before the Revolving Termination Date and the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in the case of a Revolving Advance, the proposed date for such utilisation is not less than fifteen Business Days after the date upon which the previous Revolving Advance (if any) was previously utilised; 6.1.4 in respect of a Revolving 1 Advance, the amount proposed Original Euro Amount of such Revolving 1 Advance is (a) (if less than the Available Revolving 1 Facility) an amount not less than Table of Contents USD 1,000,000 EUR 2,000,000 and an integral multiple of USD 250,000 EUR 1,000,000 or (b) equal to the amount of the Available Revolving 1 Facility; 6.1.4 6.1.5 in respect of a Revolving 2 AdvanceBank Guarantee, the amount proposed Euro Amount of such Revolving 2 Advance Bank Guarantee is (a) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 EUR 10,000,000 and an integral multiple of USD 250,000 EUR 1,000,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 (6.1.6 in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of one, three, three or six months or twelve months (provided that such other period as the Facility Agent and the Revolving Banks may agree PROVIDED THAT prior to the Syndication Date only periods of the proposed Term shall be one month or, if less, such duration necessary to end on the Syndication Date or less will be selected such other period as the Arranger, the Facility Agent and the Borrower Parent may agree, except for the first Revolving Advance which shall begin on the day such Revolving Advance is made agree and will expire on the last Business Day of the current month) in each case ending on or before the Revolving Termination Date; 6.1.6 there would not6.1.7 in respect of a Bank Guarantee, immediately after the making proposed Term of such Bank Guarantee is a period ending on or before the Revolving Advance, be more than five Revolving 1 Advances outstanding and five Revolving 2 Advances outstanding; andTermination Date; 6.1.7 on the date of the Notice of Drawdown and 6.1.8 on and as of the proposed Utilisation Date, (a) no Event of Default or (save in relation to a Rollover Advance or Bank Guarantee to be renewed pursuant to Clause 6.4 (RENEWAL OF A BANK GUARANTEE)) Potential Event of Default is continuing or shall would occur as a result of the making of such Revolving Advance or issue of such Bank Guarantee and (b) the Repeated Representations are true (before and after the making of such Revolving Advance)Advance or issue of such Bank Guarantee) (PROVIDED THAT in relation to a Rollover Advance the occurrence of a Potential Event of Default which has not been remedied or waived shall not prevent the utilisation of the Revolving Facility) or each of the Revolving Banks agrees (notwithstanding any matter mentioned in this sub-clause 6.

Utilisation of the Revolving Facility. 6.1 Utilisation 7.1 Drawdown Conditions for Revolving Advances A Revolving Advance will be made by the Revolving FacilityBanks to a Borrower if: 6.1.1 (a) not more than ten nor less than one Business Day, in the case of any Revolving Advance denominated in sterling, or three Business Days Days, in the case of any Revolving Advance denominated in an Optional Currency, before the proposed Utilisation Datedate for the making of such Revolving Advance, the Agent has received a completed Notice of Drawdown from such Borrower stating whether the utilisation is to be made by way of Revolving AdvanceBorrower; 6.1.2 (b) the proposed Utilisation Date date for the making of such Revolving Advance is a Business Day falling one month or more before within the Revolving Termination Date and Availability Period; (c) the proposed Term of the Revolving Advance would not expire after the Revolving Termination Date; 6.1.3 in respect of a Revolving 1 Advance, the amount Original Sterling Amount of such Revolving 1 Advance is (ai) (if less than the Available Revolving 1 Facility) an a minimum amount not less than Table of Contents USD 1,000,000 (pound)25,000,000 and an integral multiple of USD 250,000 (pound)5,000,000 or (bii) equal to the amount of the Available Revolving 1 Facility; 6.1.4 in respect of a Revolving 2 Advance, the amount of such Revolving 2 Advance is (ad) (if less than the Available Revolving 2 Facility) an amount not less than USD 1,000,000 and an integral multiple of USD 250,000 or (b) equal to the amount of the Available Revolving 2 Facility; 6.1.5 (in respect of a Revolving Advance), the proposed Term of the Revolving Advance requested is a period of one, threetwo, three or six months or twelve months (provided that prior to the Syndication Date only periods of one month or less will be selected such other period as the Agent and the Borrower Banks may agree, except for the first Revolving Advance which shall begin on the day such Revolving Advance is made and will expire on the last Business Day of the current month) agree in each case ending on or before the Revolving Termination Date; 6.1.6 (e) there would not, immediately after the making of such Revolving Advance, be more than five ten Revolving 1 Advances outstanding and five Revolving 2 Advances outstanding; and; 6.1.7 on the date of the Notice of Drawdown and (f) on and as of the proposed Utilisation Datedate for the making of such Revolving Advance, (ai) no Event of Default or Potential Event of (save in relation to a Rollover Advance) Default is continuing or shall occur as a would result of from the making of such proposed Revolving Advance and (bii) the Repeated Representations are true (before and after the making of in all material respects, then, save as otherwise provided herein, such Revolving Advance)Advance will be made in accordance with the provisions hereof.