Common use of Conditions of Utilisation Clause in Contracts

Conditions of Utilisation. 11.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent to Initial Utilisation) in form and substance satisfactory to the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Sources: Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement (CTC Media, Inc.)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No A Borrower may not deliver a Utilisation Request or file an Overdraft Instruction unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentprecedent to initial Utilisation) in form and substance satisfactory to the Agent. The Agent shall notify the Company and the Lenders relevant Borrower promptly upon being so satisfied.

Appears in 1 contract

Sources: Facilities Agreement (Central European Distribution Corp)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facilities Agreement (Exide Corp)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I A of Schedule 2 (Conditions precedent) in form and substance reasonably satisfactory to the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Credit Agreement (Axa Financial Inc)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Obligors’ Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Octel Corp)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the AgentAgent (acting reasonably). The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement (Mobifon Holdings Bv)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a the first Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement (MTS Inc)

Conditions of Utilisation. 11.1 5.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 3 (Conditions precedentPrecedent) and copies of any other document, authorisation, opinion or assurance reasonably requested by the Agent in form and substance reasonably satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facilities Agreement (Bunge LTD)

Conditions of Utilisation. 11.1 ‌ 4.1 Initial conditions precedent precedent‌ No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I A of Schedule 2 (Conditions precedentPrecedent) in form and substance reasonably satisfactory to the Agent (except paragraph 4.2 of Part A of Schedule 2 (Conditions Precedent) which shall be provided for information purposes only and not required to be in a form and substance satisfactory to the AgentAgent or any Finance Party). The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent precedent 4.1.1 No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Sibanye Stillwater LTD)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory Precedent to the AgentInitial Utilisation). The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facilities Agreement (Cemex Sa De Cv)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentprecedent and subsequent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement (Wimm Bill Dann Foods Ojsc)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance satisfactory to the AgentAgent (acting reasonably). The Agent shall notify the Company Obligor’s Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Senior Facilities Agreement (Messer Griesheim Holding Ag)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent (a) No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part part I (Initial Conditions Precedent) of Schedule 2 3 (Conditions precedentPrecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrowers and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Senior Secured Credit Facility Agreement (Borr Drilling LTD)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No A Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company relevant Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement (Whirlpool Corp /De/)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance reasonably satisfactory to the Facility Agent. The Facility Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Conditions of Utilisation. 11.1 5.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part I 1 of Schedule 2 (Conditions precedent) in form and substance reasonably satisfactory to the AgentFacility Agent or such condition has been waived by the Facility Agent (acting on the instructions of the Majority Lenders). The Facility Agent shall notify the Company Borrowers' Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Credit Agreement (Reh Mergersub Inc)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Schedule 2, Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Secured Facilities Agreement (Citigroup Inc)

Conditions of Utilisation. 11.1 Initial conditions precedent No The Borrower may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facility Agreement (Drdgold LTD)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company Original Borrower and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Facilities Agreement (Benfield Greig Group PLC)

Conditions of Utilisation. 11.1 4.1 Initial conditions precedent No Borrower may deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions precedentPrecedent) in form and substance satisfactory to the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Sources: Credit Agreement (Sappi LTD)