Common use of UTILISATION OF THE TERM FACILITY Clause in Contracts

UTILISATION OF THE TERM FACILITY. 3.1 UTILISATION CONDITIONS FOR TERM ADVANCES A Term Advance will be made by the Banks to a Borrower if: 3.1.1 by 12.00 noon five Business Days before the proposed Utilisation Date, the Agent has received a completed Notice of Drawdown from such Borrower; 3.1.2 the proposed Utilisation Date is a Business Day within the relevant Term Availability Period; 3.1.3 the proposed amount of such Term Advance is (a) in the case of a Term A Advance equal to or less than the amount of the Available Term A Facility and (b) in the case of a Term B Advance, equal to or less than the amount of the Available Term B Facility; 3.1.4 the proposed amount of any Advance is equal to or greater than Euro 3,000,000 save in the case of any Advance to be used to refinance a USPE Debt Agreement, in which case, such Advance shall be equal to the total amount outstanding under any such agreement; 3.1.5 the interest rate applicable to such Term Advance during its first Interest Period would not fall to be determined pursuant to Clause 6.1 (MARKET DISRUPTION); 3.1.6 on the date of the Notice of Drawdown and on and as of the proposed date for the making of such Term Advance (a) no Event of Default or Potential Event of Default is continuing or would occur as a result of the making of such Term Advance and (b) the Repeated Representations are true (before and after the making of such Term Advance); 3.1.7 the ratio of USPE's Gross Debt to EBITDA does not exceed 4:1 and the ratio of Gross Debt to Total Funds Invested by the Investors does not exceed 2:1, both for the prior four Financial Quarters immediately prior to the date of the Advance is made for the purposes of this paragraph

UTILISATION OF THE TERM FACILITY. 3.1 UTILISATION CONDITIONS FOR TERM ADVANCES Drawdown Conditions for Term Advances A Term Advance will be made by the Banks to a Borrower if: 3.1.1 by 12.00 noon five (a) not less than one Business Days Day, in the case of any Term Advance to be denominated in sterling, or three Business Days, in the case of any Term Advance to be denominated in an Optional Currency, before the proposed Utilisation Datedate for the making of such Term Advance, the Agent has received a completed Notice of Drawdown from such Borrower; 3.1.2 (b) the proposed Utilisation Date date for the making of such Term Advance is a Business Day within the relevant Term Availability Period; 3.1.3 (c) the proposed amount Original Sterling Amount of such Term Advance is (a) in (if less than the case Available Term Facility) a minimum amount of a Term A Advance (pound)25,000,000 and an integral multiple of (pound)5,000,000 or (b) equal to or less than the amount of the Available Term A Facility and (b) in the case of a Term B Advance, equal to or less than the amount of the Available Term B Facility; 3.1.4 (d) there would not, immediately after the proposed amount making of any Advance is equal to or greater than Euro 3,000,000 save in the case of any Advance to be used to refinance a USPE Debt Agreement, in which case, such Advance shall be equal to the total amount outstanding under any such agreement; 3.1.5 the interest rate applicable to such Term Advance during its first Interest Period would not fall to Advance, be determined pursuant to Clause 6.1 more than six Term Advances outstanding; and (MARKET DISRUPTION); 3.1.6 on the date of the Notice of Drawdown and e) on and as of the proposed date for the making of such Term Advance Advance (ai) no Event of Default or Potential Event of Default is continuing or would occur as a result of from the making of such proposed Term Advance and (bii) the Repeated Representations are true in all material respects. 3.2 Each Bank's Participation in Term Advances Each Bank will participate through its Facility Office in each Term Advance made pursuant to Clause 3.1 (before and after Drawdown Conditions for Term Advances) in the making of such proportion borne by its Available Term Advance); 3.1.7 Commitment to the ratio of USPE's Gross Debt to EBITDA does not exceed 4:1 and the ratio of Gross Debt to Total Funds Invested by the Investors does not exceed 2:1, both for the prior four Financial Quarters Available Term Facility immediately prior to the date making of the Advance is made for the purposes of this paragraphthat Term Advance.

UTILISATION OF THE TERM FACILITY. 3.1 UTILISATION CONDITIONS FOR TERM ADVANCES Utilisation Conditions for Term Advances A Term Advance will be made by the Banks Lenders to a the Borrower if: 3.1.1 by 12.00 noon five three Business Days before the proposed Utilisation Date, the Agent has received a completed Notice of Drawdown from such the Borrower; 3.1.2 the proposed Utilisation Date is a Business Day within the relevant Term Availability Period; 3.1.3 the proposed amount of such Term Advance is (a) in the case of a Term A Advance (i) equal to or less than the amount of the Available Term A Facility and (ii) at least equal to the lower of (x) USD 5,000,000 and (y) the Available Term A Facility, and (b) in the case of a Term B Advance, Advance (i) equal to or less than the amount of the Available Term B Facility; 3.1.4 the proposed amount of any Advance is equal to or greater than Euro 3,000,000 save in the case of any Advance to be used to refinance a USPE Debt Agreement, in which case, such Advance shall be Facility and (ii) at least equal to the total amount outstanding under any such agreement;lower of (x) USD 5,000,000 and (y) the Available Term B Facility; and 3.1.5 the interest rate applicable to such Term Advance during its first Interest Period would not fall to be determined pursuant to Clause 6.1 (MARKET DISRUPTION); 3.1.6 3.1.4 on the date of the Notice of Drawdown and on and as of the proposed date for the making of such Term Advance Advance (a) no Event of Default or Potential Event of Default is continuing or would shall occur as a result of the making of such Term Advance and (b) the Repeated Representations are true (before and after the making of such Term Advance);. 3.1.7 3.2 Each Lender's Participation in Term Advances Each Lender will participate through its Facility Office in each Term Advance made pursuant to Clause 3.1 (Utilisation Conditions for Term Advances) in the ratio of USPE's Gross Debt proportion borne by its relevant Available Term Commitment to EBITDA does not exceed 4:1 and the ratio of Gross Debt to Total Funds Invested by the Investors does not exceed 2:1, both for the prior four Financial Quarters relevant Available Term Facility immediately prior to the date making of the Advance is made for the purposes of this paragraphthat Term Advance.