Common use of Conditions of Utilisation Clause in Contracts

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request the Agent has received all of the documents and other evidence listed in Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably), and the Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 6 contracts

Samples: And Restatement Agreement (Alibaba Group Holding LTD), Amendment and Restatement Agreement, Agreement (Alibaba Group Holding LTD)

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Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if if, on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received all of the documents and other evidence listed in Part I (Conditions precedent to signing) and Part II (Conditions precedent to first Utilisation) of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (Agent, acting reasonably), and the . The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 4 contracts

Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if if, on or before the date of the initial Utilisation Request Date for that Utilisation, 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 (acting reasonably), and the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 3 contracts

Samples: Agreement (Misys PLC), Agreement (Misys PLC), Agreement (Misys PLC)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 clause 5.5 (Lenders’ participation) in relation to any Utilisation if on or before the date of Utilisation Date for that Utilisation, the initial Utilisation Request conditions in clause 4.4 (Further conditions precedent) are satisfied and the Agent Agent, or its duly authorised representative, has received or is satisfied that it will receive on the date that the relevant Commitments are made available all of the documents and other evidence listed in Part 1 of Schedule 2 3 (Conditions Precedentprecedent to any Utilisation) in form and substance satisfactory to the Agent (acting reasonably), and the Agent shall notify the Company and the Lenders promptly upon being so satisfiedAgent.

Appears in 2 contracts

Samples: Agreement (Cool Co Ltd.), Agreement (Cool Co Ltd.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the Utilisation Date for that Utilisation, the Agent, or its duly authorised representative, has received, or is satisfied that it will receive no later than two days prior to the date of that the initial Borrower delivers the relevant Utilisation Request the Agent has received Request, all of the documents and other evidence listed in Part 1 of Schedule 2 3 (Conditions Precedentprecedent to any Utilisation) in form and substance satisfactory to the Agent (acting reasonably), and the Agent shall notify the Company and the Lenders promptly upon being so satisfiedAgent.

Appears in 2 contracts

Samples: Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd.

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation Loan if on or before the date of the initial Utilisation Request Date for that Utilisation the Agent has received or is satisfied that it will have received all of the documents and other evidence listed in Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Obligors’ Agent and the Lenders promptly upon being so satisfied.

Appears in 2 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received the Original Fleet Mortgage and all of the documents and other evidence listed in Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Gulfmark Offshore Inc)

Conditions of Utilisation. 4.1 8.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 9.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request the Agent has received all of the documents and other evidence listed in Part I (CPs to first Loan) of Schedule 2 3 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonablyon the instructions of all the Lenders), and the . The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Junior Facility Agreement (Endeavour International Corp)

Conditions of Utilisation. 4.1 4.1. Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, 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 (acting reasonably), and the Agent. The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Genesco Inc)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions Precedentprecedent to initial Utilisation) in each case in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Orion Engineered Carbons S.a r.l.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any the first Utilisation if on or before the date of Utilisation Date for that Utilisation, the initial Utilisation Request the Facility Agent has received all of the documents and other evidence listed in Part A (Conditions Precedent to Initial Utilisation) of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably), and the Facility Agent. The Facility Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Intercontinental Hotels Group PLC /New/

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) if (in relation to any Facility A) on the Facility A Utilisation if Date and (in relation to Facility B) on or before the date of the initial Utilisation Request and on the proposed Utilisation Date, the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions Precedentprecedent and conditions subsequent) in form and substance satisfactory to the Agent (acting reasonablyon the instructions of all the Lenders), and the . The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Synnex Corp)

Conditions of Utilisation. 4.1 4.1. Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, 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 (acting reasonably), and the Agent. The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Genesco Inc)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received all of the documents and other evidence listed in Part 1A and Part 1B of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Obligors’ Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Enstar Group LTD)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) in relation to any Utilisation if on or before the date of the initial Initial Utilisation Request Date, the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions Precedent) which documents, shall be in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Igt Senior Facilities Agreement (International Game Technology PLC)

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Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of Utilisation Date for that Utilisation the initial Utilisation Request the Agent Agent, or its duly authorised representative, has received or is satisfied that it will receive no later than three Business Days prior to the date that the Borrowers deliver the relevant Utilisation Request, all of the documents and other evidence listed in Part 1 of Schedule 2 3 (Conditions Precedentprecedent to any Utilisation) in form and substance satisfactory to the Agent (acting reasonably), and the Agent shall notify the Company and the Lenders promptly upon being so satisfiedAgent.

Appears in 1 contract

Samples: Facility Agreement (Navigator Holdings Ltd.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Initial Utilisation Request Date, the Agent has received all of the documents and other evidence listed in Part I of Schedule 2 (Conditions Precedent) which documents, shall be in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Gtech Senior Facilities Agreement (International Game Technology PLC)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received (or waived its requirement to receive) all of the documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facility Agreement (Penske Automotive Group, Inc.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 5.5 (Lenders' participation) in relation to any Utilisation if on or before the date of the initial First Utilisation Request Date, the Agent has received or waived in writing all of the documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedent) Precedent to be satisfied on or before First Utilisation), in each case in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company Obligors' Agent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Inspired Entertainment, Inc.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ Lender’s participation) in relation to any Utilisation if if, on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received or waived receipt of all of the documents and other evidence listed in Part I of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonablyon the instructions of all the Lenders), and the . The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Markit Ltd.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, 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 (acting reasonably), and the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Eagle Bulk Shipping Inc.

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders' participation) in relation to any Utilisation of the Facility if on or before the date of Utilisation Date for that Utilisation, the initial Utilisation Request the Agent Agent, or its duly authorised representative, has received all of the documents and other evidence listed in Part 1 of Schedule 2 3 (Conditions Precedentprecedent to any Utilisation) in form and substance satisfactory to the Agent (acting reasonably), and the Agent shall notify the Company and the Lenders promptly upon being so satisfied.Agent

Appears in 1 contract

Samples: Navigator Holdings Ltd.

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if if, on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received all of the documents and other evidence listed in Part IA and Part IB of Schedule 2 (Conditions Precedentprecedent) in form and substance satisfactory to the Agent (acting reasonably), and the Agent. The Agent shall notify the Company and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Noble International, Ltd.)

Conditions of Utilisation. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to any Utilisation if on or before the date of the initial Utilisation Request Date for that Utilisation, the Agent has received (or waived the requirement to receive) all of the documents and other evidence listed in Part 1 of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent (acting reasonably and acting on the instructions of the Arrangers, also acting reasonably), and the . The Agent shall notify the Company Parent and the Lenders promptly upon being so satisfied.

Appears in 1 contract

Samples: Facilities Agreement (Atento S.A.)

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