Drawdown Conditions Sample Clauses

Drawdown Conditions. 3.3.1 The Borrower may only deliver a Drawdown Request to the Agent if: (a) the conditions precedent listed in Schedule 2 (Conditions for the First Drawdown) are met with respect to the first Advance and the Agent has notified the Borrower and the Lenders that it has received all of the documents and other evidence to be delivered in respect of such conditions precedent and each is in form and substance satisfactory to the Agent (and the Agent undertakes to promptly after receipt of such documents and evidence notify the Borrower that such conditions are met or inform the Borrower of the reasons they are not met); (b) the conditions precedent listed in Schedule 3 (General Drawdown Conditions) are met with respect to any Advance; and (c) each condition subsequent listed in Schedule 4 (Conditions Subsequent) has been met to the satisfaction of the Agent within three months of the date indicated in such Schedule for its satisfaction unless (i) the Agent, acting on the instruction of Majority Lenders, determines that failure to meet the relevant condition subsequent will not be materially adverse in relation to the Borrower’s ability to perform its obligations under the Transaction Documents and/or the validity or enforceability of the Transaction Documents or (ii) such failure is subsequently remedied. 3.3.2 The Agent may waive each drawdown condition with the Majority Lenders’ consent upon written request by the Borrower to the Agent.

Drawdown Conditions. The obligation of the Lender to make any Loan is subject to the satisfaction of the following conditions: (a) the Lender shall have received of a Notice of Borrowing as required by Section 1.2; (b) the Lender and the Borrower shall have agreed to the Warrant valuation described in Section 2.3; (c) immediately after the Loan is extended, the aggregate outstanding principal amount of the Loans will not exceed the Commitment; (d) the Borrower has available the capacity or an applicable exemption under the High Yield Notes and their respective indentures to drawdown the Loan; (e) immediately before and after the Loan is extended, no Event of Default shall have occurred and be continuing; (f) the representations and warranties of the Borrower, of RSL COM and of RSL USA contained in this Agreement shall be true and correct in all material respects on and as of the date of the Loan; (g) since March 31, 2000, no Material Adverse Change shall have occurred; (h) RSL COM, RSL USA, the Borrower and the Lender shall have received all consents and approvals, and shall have made all filings and notices, required in connection with the transactions contemplated hereby; (i) no order of any court or governmental agency enjoining any of the transactions contemplated hereby may be in effect, and no action, suit, proceeding or investigation seeking any such order or substantial damages in connection with the transactions contemplated hereby, or that could reasonably be expected to have a Material Adverse Effect, may be pending or threatened; (j) RSL COM shall have delivered a duly executed Warrant to the Lender permitting the Lender to purchase Class A Common Shares in accordance with this Loan Agreement; (k) the Borrower shall have paid all fees and expenses due to the Lenders pursuant to the Loan Documents; and (l) the Lender shall have received a certificate signed by the chief executive officer of the Borrower, dated the date of any drawing of any Loan, to the effect set forth in clauses (c), (d), (e) and (f) of this Section 3.2 (and, with respect to (c), such certificate shall set forth the calculation or exception upon which the Borrower is relying to draw-down the Loan).

Drawdown Conditions. When the Borrower applies for a Drawdown, all of the Drawdown conditions under this Article for the First Drawdown and/or subsequent Drawdown must be satisfied. Otherwise, the Lenders are not obligated to grant the Borrower the Facility Amount pursuant to the Agreement. For the original documents submitted by the Borrower, the formats and contents must be acceptable to the Facility Agent. For photocopies of the documents submitted by the Borrower, the formats and contents shall be acceptable to the Facility Agent, and the Borrower or the document provider shall certify the authenticity, correctness and completeness of copies.

Drawdown Conditions. Advances will be made by the Banks to and as requested by the Borrower if the additional conditions set out in Clauses 4.2 (Drawdown Request) to 4.5 (No Event of Default etc.) are fulfilled.

Drawdown Conditions. The Borrower shall satisfy the following prior to drawdown: 1. This Contract and its supplement is effective; 2. The Borrower has provided guarantees as requested by the Lender and guarantee contract has been executed and has been approved, registered and filed; 3. The Borrower has reserved or executed and fulfilled for the Lender relevant documents, invoices, chops, personnel list, signature samples, and has completed relevant vouchers; 4. The Borrower has opened all necessary bank account for the fulfillment of this Contract at the request of the Lender; 5. The Borrower has submitted to the Lender a copy of written drawdown application and related supporting documents for the purpose of the Loan 3 bank business days prior to the drawdown, to process the drawdown application;

Drawdown Conditions. Subject to the other terms of this Agreement, Advances will be made by the Bank to and as requested by the Borrower if the additional conditions set out in Clauses 4.2 (Drawdown Request) to 4.5 (No Event of Default etc.) inclusive are fulfilled.

Drawdown Conditions. Subject to the terms of this Agreement and the Facility Agreements, the Company may request, and the relevant Lending Group shall make, Advances under a Facility if: 3.1.1 not later than 5:00 p.m. on the tenth Business Day before the proposed Advance Date (in the case of an Advance under the Term Loan Facilities and with any necessary amendments thereto made and received by the Intercreditor Agent and the relevant Facility Agent not later than 3:00 p.m. on the sixth Business Day before the proposed Advance Date) or the fourth day before the proposed Advance Date (in the case of an Advance under a Revolving Credit Facility), the Intercreditor Agent and the relevant Facility Agent have received a completed Advance Request; and 3.1.2 in the case of the Term Loan Facilities, no other Advance Request has been served by the Company in respect of any Term Loan Facility in the same month.

Drawdown Conditions. Subject to the provisions of this Agreement, the Advances up to the Available Commitment shall be made by the Lender to the Borrower at its request if the following additional conditions are fulfilled:- (1) not later than 11.00 a.m. on the seventh (7th) Business Day before the proposed date of an Advance (or, as the case may be, such later time as may be acceptable to the Lender for the purpose of the request), the Lender has received from the Borrower a notice (which shall be irrevocable) substantially in the form set out in Schedule 2 specifying:- (a) the proposed date of the Advance, which must be a Business Day on or before the Commitment Termination Date; and (b) the amount of the Advance, which shall not exceed the Available Commitment. Such notice shall constitute a confirmation by the Borrower that at the date of such Advance no Event of Default or Potential Event of Default has occurred or will occur as a result of making such Advance, the representations and warranties of the Borrower contained herein remain true and correct as of the date of such Advance; (2) the conditions precedent referred to in Clause 3 have been fulfilled to the satisfaction of the Lender; (3) all representations and warranties in Clause 11 have been complied with and would be correct in all respects if repeated on the proposed date of such Advance by reference to the circumstances then existing and none of the events mentioned in Clause 9 occurs in relation to such Advance; (4) no Event of Default or Potential Event of Default has occurred on or before the proposed date of such Advance, or will occur as a result of making such Advance; (5) no event, change, crisis or any development involving a prospective change, crisis or otherwise, in economic conditions in Singapore has occurred or the occurrence of any combination of any event, change, crisis or development in such conditions has taken place as may, in the reasonable opinion of the Lender, result or be likely to result in an adverse effect on the business, trading position, operations, financial condition or prospects of any Obligor or any customer of the Borrower; and (6) not later than 9 a.m. on the proposed date of such Advance, the Lender has received and found satisfactory such additional information, legal opinions and/or other documents relevant in the context of or relating to this Agreement as it may reasonably request.

Drawdown Conditions. 3.3.1 The Borrower may only deliver a Drawdown Request to the Agent if: (a) the conditions precedent listed in Schedule 2 (Conditions for the First Drawdown) are met with respect to the first Advance and the Agent has notified the Borrower and the Lenders that it has received all of the documents and other evidence to be delivered in respect of such conditions precedent and each is in form and substance satisfactory to the Agent (and the Agent undertakes to promptly after receipt of such documents and evidence notify the Borrower that such conditions are met or inform the Borrower of the reasons they are not met); (b) the conditions precedent listed in Schedule 3 (General Drawdown Conditions) are met with respect to any Advance; and 3.3.2 Without prejudice to Clause 32.3 (Form Requirements and Amendments), the Agent may waive each drawdown condition with the prior consent of the Lenders upon written request by the Borrower to the Agent.