Conditions Precedent to first Utilisation Clause Samples

Conditions Precedent to first Utilisation. The Original Borrower may not deliver a Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part I of Schedule 3 (Conditions Precedent) in form and substance satisfactory to the Facility Agent (acting reasonably), or their delivery has otherwise been waived in accordance with clause 2.3 (

Conditions Precedent to first Utilisation. Kosmos may not deliver a Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part I of Schedule 3 (Conditions Precedent) in form and substance satisfactory to the Facility Agent (acting reasonably), or their delivery has otherwise been waived in accordance with clause 2.3 (

Conditions Precedent to first Utilisation. The obligations of each Finance Party to the Borrower under this Agreement with respect to the making of the first Utilisation are subject to the conditions precedent that the Agent has received all of the documents listed in Schedule E in the agreed form.

Conditions Precedent to first Utilisation. (a) The Borrower may not deliver the first Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part II (Conditions Precedent to First Utilisation) of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Facility Agent. The Facility Agent shall notify the Borrower and the Lenders promptly upon being so satisfied. (b) Unless the Borrower is also able to satisfy the requirements of paragraph (a) of Part III (Further Conditions Precedent) of Schedule 2 (Conditions Precedent), it may only deliver the first Utilisation Request in respect of a Base Currency Amount of no more than four hundred million (400,000,000) EUR.

Conditions Precedent to first Utilisation. The obligations of each Finance Party to the Obligors under this Agreement are subject to the conditions precedent that:

Conditions Precedent to first Utilisation. Delivery to the Facility Agent of all of the following documents to be in form and substance satisfactory to the Mandated Lead Arranger (acting reasonably):

Conditions Precedent to first Utilisation. The obligations of each Finance Party to the Company and the Borrowers under this Agreement are subject to the condition precedent that on or before Closing: (a) the Facility Agent shall have received all of the documents and evidence listed in Schedule 6 in each case in the agreed form or, where there is no agreed form, in form and substance satisfactory to the Facility Agent. Each of the documents referred to in Schedule 6 as being certified shall be certified by an Authorised Signatory of the relevant Obligor as being genuine and in full force and effect (and, if a copy, as being true and complete) as at the date such document is required to be delivered; and (b) all of the representations and warranties in Clause 18.1 being correct in all material respects on Closing and no Default having occurred with respect to the Company or any of its Subsidiaries and be continuing immediately before the making of the Utilisations to be made on Closing and the refinancing of the Existing Financial Indebtedness by reference to the facts and circumstances subsisting immediately before the making of such Utilisation nor will a Default occur if the initial Utilisations are made as contemplated in this Agreement.

Conditions Precedent to first Utilisation. (a) The Borrower may not deliver the first Utilisation Request unless the Facility Agent has received all of the documents and other evidence listed in Part II (Conditions Precedent to First Utilisation) of Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Facility Agent and the proposed Utilisation together with all outstandings under the Syndicated Loan Agreement dated 11 March 1997 with AMD Saxony Limited Liability Company & Co. KG will not exceed the Facility Amount. The Facility Agent shall notify the Borrower and the Lenders promptly upon being so satisfied. (b) Unless the Borrower is also able to satisfy the requirements of paragraph (a) of Part III (Further Conditions Precedent) of Schedule 2 (Conditions Precedent), it may only deliver the first Utilisation Request for a sum to be drawn of no more than four hundred million (400,000,000) Euro.

Conditions Precedent to first Utilisation. The Borrower may not deliver a Utilisation Request for the First Utilisation unless all of the conditions listed in Part B of Schedule 1 have been complied with by the Borrower, in form and manner satisfactory to the Lender.