All Tranches. The disbursement of each Tranche under Article 1.2, including the first, is subject to the following conditions: (a) that the Bank has received, in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date (and, in the case of deferment under Article 1.5, the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively) for the proposed Tranche, of the following documents or evidence: (i) the following certificates (1) a certificate from the Borrower in the form of Schedule C.2; (2) a certificate from the Guarantor in the form of Schedule C.3; (3) a duly executed Compliance Certificate; each signed by an authorised representative of the Borrower and/or the Guarantor as set out in the relevant Schedules and dated no earlier than the date falling 10 (ten) Business Days before the Scheduled Disbursement Date (and, in the case of deferment under Article 1.5, the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively); (ii) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Borrower is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, this Contract or the legality, validity, binding effect or enforceability of the same; and (k) that on the Scheduled Disbursement Date (and, in the case of deferment under Article 1.5, on the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively) for the proposed Tranche: (i) the representations and warranties which are repeated pursuant to Article 6.10 are correct in all respects; and (ii) no event or circumstance which constitutes or would with the passage of time or giving of notice under this Contract constitute: (1) an Event of Default; or (2) a Prepayment Event; or has occurred and is continuing unremedied or unwaived or would result from the disbursement of the proposed Tranche.
Appears in 1 contract
Sources: Finance Contract (Agco Corp /De)
All Tranches. The disbursement of each Tranche under Article 1.2, including the first, is subject to the following conditions:
(a) that the Bank has received, in form and substance satisfactory to it, on or before the date falling 5 (five) Business Days before the Scheduled Disbursement Date (and, in the case of deferment under Article 1.5, the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively) for the proposed Tranche, of the following documents or evidence:
(i) the following certificates
(1) a certificate from the Borrower in the form of Schedule C.2;
(2) a certificate from the Guarantor in the form of Schedule C.3;
(3) a duly executed Compliance Certificate; each E signed by an authorised representative of the Borrower and/or the Guarantor as set out in the relevant Schedules and dated no earlier than the date falling 10 30 (tenthirty) Business Days calendar days before the Scheduled Disbursement Date (and, in the case of deferment under Article 1.5, the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively);
(ii) evidence of power and authorisation of the Borrower to sign the Disbursement Acceptance including confirmation that borrowing of a proposed Tranche has been duly authorised by the Borrower and will not exceed any borrowing limit of the Borrower set in its annual budget for a given year (form of legal opinion attached hereto as Schedule G);
(iii) a copy of any other authorisation or other document, opinion or assurance which the Bank has notified the Borrower is necessary or desirable in connection with the entry into and performance of, and the transactions contemplated by, this Contract or the legality, validity, binding effect or enforceability of the sameContract; and
(kb) that on the Scheduled Disbursement Date (and, in the case of deferment under Article 1.5, on the Requested Deferred Disbursement Date or the Agreed Deferred Disbursement Date, respectively) for the proposed Tranche:
(i) the representations and warranties which are repeated pursuant to Article 6.10 6.11 are correct in all respects; and
(ii) no event or circumstance which constitutes or would with the passage of time or giving of notice under this Contract constitute:
(1) an Event of Default; Default or
(2) a Prepayment Event; or , has occurred and is continuing unremedied or unwaived or would result from the disbursement of the proposed Tranche.
Appears in 1 contract
Sources: Finance Contract