Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent and the Lenders promptly upon being so satisfied.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Ferguson PLC), Agreement (Ferguson PLC)
Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Obligors’ Agent and the Lenders promptly upon being so satisfied.
Appears in 2 contracts
Samples: Amending Agreement (Sappi LTD), Amending Agreement (Sappi LTD)
Conditions of Utilisation. 4.1 Initial conditions precedent No Borrower The Borrowers may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrowers and the Lenders promptly upon being so satisfied.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Conditions of Utilisation. 4.1 Initial conditions precedent No Borrower The Company may not deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Company and the Lenders promptly upon being so satisfied.
Appears in 2 contracts
Samples: Agreement (Montpelier Re Holdings LTD), Agreement (Montpelier Re Holdings LTD)
Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 2 contracts
Samples: Facility Agreement (Mobifon Holdings Bv), Multicurrency Revolving Facility Agreement (Schroder Ventures International Investment Trust PLC)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions PrecedentPrecedent to Initial Utilisation) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Company and the Lenders promptly upon being so satisfied.
Appears in 2 contracts
Samples: Facility Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Conditions of Utilisation. 4.1 Initial conditions precedent No Borrower may will deliver a Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part A I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent Company and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Original Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Conditions of Utilisation. 4.1 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 A of Schedule 2 3 (Conditions Precedent) and copies of any other document, authorisation, opinion or assurance reasonably requested by the Agent in form and substance reasonably satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Facilities Agreement (Bunge LTD)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent Obligor’s Agent and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Conditions of Utilisation. 4.1 Initial conditions precedent No Borrower The Borrowers may not deliver a Utilisation Request unless the Agent Agent, or its duly authorised representative, has received all of the documents and other evidence listed in Part A 1 of Schedule 2 3 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent and the Lenders promptly upon being so satisfiedAgent.
Appears in 1 contract
Samples: DryShips Inc.
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedent) in form and substance satisfactory Precedent to the Agent (acting reasonablyInitial Utilisation). The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (Cemex Sa De Cv)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent relevant Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Agreement (Whirlpool Corp /De/)
Conditions of Utilisation. 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 A IA of Schedule 2 3 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Agreement (Signet Jewelers LTD)
Conditions of Utilisation. 4.1 Initial conditions precedent No The Borrower may not deliver a an Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part A of Schedule 2 1 (Conditions PrecedentPrecedent to Initial Utilisation) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Agreement (Tim Participacoes Sa)
Conditions of Utilisation. 4.1 Initial conditions precedent No The Borrower may deliver not make a Utilisation Request unless the Agent has received or is satisfied that it will receive, on the Utilisation Date all of the documents and other evidence listed in Part A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Agreement (Aluminum Corp of China)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedentprecedent to initial Utilisation) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent and the Lenders relevant Borrower promptly upon being so satisfied.
Appears in 1 contract
Samples: Facilities Agreement (Central European Distribution Corp)
Conditions of Utilisation. 4.1 Initial conditions precedent No Borrower The Borrowers may not deliver a the initial Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part A of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent and the Lenders promptly upon being so satisfiedFacility Agent.
Appears in 1 contract
Conditions of Utilisation. 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 A of Schedule 2 (Conditions PrecedentPrecedent to initial Utilisation) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions PrecedentPrecedent to Initial Utilisation) in form and substance satisfactory to all the Agent (acting reasonably)Lenders. The Agent shall notify the Parent and Borrower promptly upon the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Assignment Agreement (Fx Energy Inc)
Conditions of Utilisation. 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 A of Schedule 2 3 (Conditions Precedent) and copies of any other document, authorisation, opinion or assurance reasonably requested by the Agent in form and substance reasonably satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Facility Agreement (Bunge LTD)
Conditions of Utilisation. 4.1 Initial conditions precedent No The Borrower may not deliver a the Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part A I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Assignment Agreement (China Shandong Industries, Inc.)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedentprecedent and subsequent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Conditions of Utilisation. 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 A of Schedule 2 I (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent, it being understood that the delivery of such documents and other evidence already constitutes a pre-condition for the signing by the Finance Parties of this Agreement. The Agent shall notify the Parent Company and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: www.sec.gov
Conditions of Utilisation. 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 A of Schedule 2 1 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Agreement (Mobile Telesystems Ojsc)
Conditions of Utilisation. 4.1 Initial conditions precedent No Borrower The Borrowers may not deliver a the Utilisation Request unless the Agent has received all of the documents and other evidence listed in Part A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to Part II, except those documents which specifically will only be available on the Agent (acting reasonably)Utilisation Date or within another specified date. The Agent shall notify the Parent Borrowers and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Term Loan Facilities Agreement (DHT Holdings, Inc.)
Conditions of Utilisation. 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 A 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably). The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Obligors’ Agent and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Facility Agreement (Octel Corp)
Conditions of Utilisation. 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 A I of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Facility Agreement (CTC Media, Inc.)
Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Agreement (MTS Inc)
Conditions of Utilisation. 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 A and appearing to comply with the requirements of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Relevant Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Energizer Holdings Inc
Conditions of Utilisation. 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 A of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably)Agent. The Agent shall notify the Parent Borrower and the Lenders promptly upon being so satisfied.
Appears in 1 contract
Samples: Facilities Agreement (Exide Corp)