Utilisation Request. The Borrower may utilise the Facility by delivery to the Lender of a duly completed Utilisation Request not later two (2) Business Days prior to the proposed Utilisation Date and Lender shall make the Loan available in immediately available funds by close of business (New York City time) on the Utilisation Date.
Utilisation Request. Save as otherwise provided in this Agreement and/or the relevant Incremental Term Facility Commitment Agreement, an Incremental Term Facility Advance will be made by the Lenders to the Borrower at the Borrower’s request if the Agent has received at any time after the Syndication Date from the Borrower a duly completed Utilisation Request in relation to an Incremental Term Facility Advance not later than 10.00 a.m. on a day which is no more than 10 nor less than 3 Business Days prior to the proposed Utilisation Date for such Advance stating:
(i) the aggregate principal amount of such Advance (stated in the Applicable Currency, as the case may be);
(ii) the Incremental Term Facility Utilisation Date;
(iii) in the case of an Alternate Currency Incremental Term Facility Advance, the Optional Currency; and
(iv) whether such Advance constitutes part of the C Facilities or Incremental Term Facility, receipt of which shall oblige the Borrower to borrow the amount requested on the date stated upon the terms and subject to the conditions contained in this Agreement and the relevant Incremental Term Facility Commitment Agreement.
Utilisation Request. The Borrower may request a Loan by giving the Bank, via a method as approved by the Bank, a duly completed and duly executed Utilisation Request substantially in the form of Schedule Utilisation Request. A Utilisation Request must be given to the Bank no later than 15:30 Central European Time on the first Business Day after the Rate Fixing Day of the relevant Loan. A Utilisation Request is irrevocable.
Utilisation Request. The Relevant Borrower shall have delivered to each Facility Agent and to the Intercreditor Agent an electronic copy of a Utilisation Request in accordance with Clause 4.
Utilisation Request. (a) To utilise the Facility, the Borrower shall give to the Facility Agent a duly completed Utilisation Request:
(i) in the case of the Initial Utilisation Request only, by no later than 12 p.m. (Doha time), on the day before the proposed Utilisation Date; and
(ii) in the case of all other Utilisation Requests, by no later than 12 p.m. (Doha time), two (2) days before the proposed Utilisation Date.
(b) Once given, a Utilisation Request will be irrevocable.
(c) On the initial Utilisation Date specified in a duly completed Utilisation Request in respect of any Tranche, on or before the time that the proceeds of a Loan are to be transferred to the account of the Existing Lenders or any other third party as may be specified in the Utilisation Request, the Facility Agent shall, if requested by the Borrower, issue a payment undertaking to the Existing Lenders and/or any such third party in the form set out in Schedule 11 (Form of Payment Undertaking) together with an agreed form MT199 and MT103.
Utilisation Request. The Borrower may not deliver the Utilisation Request unless:
(a) the Lender has received all of the documents and other evidence listed in Schedule 1 (Conditions precedent) in form and substance satisfactory to the Lender;
(b) no Default is continuing or would result from the proposed Loan; and
(c) the Repeating Representations to be made by each Obligor are true in all material respects.
Utilisation Request. (a) The first Utilisation Request by the Borrower shall be accompanied by a Note corresponding to the initial amount of Loan requested under facility A. If the Borrower fails to complete the Note then it irrevocably authorises the Lender to complete and sign a Note in the appropriate amount on its behalf.
(b) If, for any reason, a Utilisation is not made following the receipt by the Lender of a Utilisation Request, the Lender shall return the Note to the Borrower as soon as reasonably practicable.
(c) Notes for additional draw downs shall be issued pursuant Clause 5.4. Note corresponding to loan granted under Facility B shall be issued on the date of signing of the Debt Assumption Agreement to be entered into on as a integrated part of the Borrower’s Acquisition of Target Company
Utilisation Request. The Utilisation Request, duly completed and duly executed by an Authorised Person.
Utilisation Request. LETTERS OF CREDIT From: [Borrower] [Company]* To: [Facility Agent] and [Issuing Bank] Dated: [insert date] Dear Sirs
1. We refer to the Facilities Agreement. This is a Utilisation Request. Terms defined in the Facilities Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request.
2. We wish to arrange for a Letter of Credit to be issued by the Issuing Bank specified below (which has agreed to do so) on the following terms:
(a) Borrower: [ ]
(b) Issuing Bank: [ ]
(c) Proposed Utilisation Date: [ ] (or, if that is not a Business Day, the next Business Day)
(d) Facility to be utilised: Revolving Facility
(e) Currency of Letter of Credit: [ ]
(f) Amount: [ ] or, if less, the Available Facility in relation to the Revolving Facility
(g) Term: [ ]
(h) Beneficiary: [ ]
3. We confirm that each condition specified in paragraph (b) of Clause 6.5 (Issue of Letters of Credit) is satisfied on the date of this Utilisation Request.
4. We attach a copy of the proposed Letter of Credit.
5. The purpose of this proposed Letter of Credit is [ ].
6. This Utilisation Request is irrevocable. Yours faithfully, authorised signatory for [the Company on behalf of [insert name of relevant Borrower]]/[insert name of Borrower]* NOTES: * Amend as appropriate. The Utilisation Request can be given by the Borrower or by the Company.
Utilisation Request. The Loan may be utilised by delivering to the Lender no later than 10:00 a.m. (Zurich time) 3 Business Days prior to the respective Utilisation Date an irrevocable, duly signed and duly completed Utilisation Request as set out in Schedule2: Utilisation Request.
