Common use of Facility Availability Clause in Contracts

Facility Availability. 2.1 We are not obliged to make a Facility available to you, unless: (i) we are satisfied (in form and substance) that all conditions precedent to the availability of the Facility have been met, (ii) we are satisfied that no Default Event has occurred and is continuing or in our opinion is likely to occur, (iii) we are satisfied that the representations and warranties made by you in this Agreement are true and correct at the date of the relevant request by you to use a Facility and the date upon which we comply with that request, (iv) the Base Currency Equivalent of the aggregate amounts outstanding under the Facility at any time will not exceed the Facility Limit (if any), (v) the Facility utilisation date is at least one Business Day prior to the Expiry Date (or termination date) for the Facility, and (vi) we have received all of the interest, fees and Costs incurred by us (and payable by you) in establishing and continuing the Facility. 2.2 If the Facility Agreement specifies that a Facility is uncommitted, you are not obliged to utilise a Facility and we are not obliged to accept any request from you to utilise a Facility (notwithstanding satisfaction of any condition precedent in respect of a Facility). 2.3 If a Facility Agreement specifies that a Facility is a revolving facility, then amounts repaid or prepaid to or received or recovered by us will be available for reuse in accordance with this Agreement up to the Expiry Date (if any) for that Facility. We may agree to extend the Expiry Date (if any) for a Facility by written agreement entered into with you before the then current Expiry Date and each such extended expiry date shall be the "Expiry Date" for that Facility. 2.4 If a Facility is uncommitted and has not been terminated earlier, either you or we can give the other 30 days notice in writing terminating this Agreement.

Facility Availability. 2.1 We are not obliged to make a Facility available to you, unless: (i) we are satisfied (in form and substance) that all conditions precedent to the availability of the Facility have been met, (ii) we are satisfied that no Default Event or Without Recourse Exception has occurred and is continuing or in our opinion is likely to occur, (iii) we are satisfied that the representations and warranties made by you in this Agreement are true and correct at the date of the relevant request by you to use a Facility and the date upon which we comply with that request, (iv) the Base Currency Equivalent of the aggregate amounts outstanding under the Facility at any time will not exceed the Facility Limit (if any), (v) the aggregate amount outstanding for an Approved Debtor does not exceed the Approved Debtor Limit for that Approved Debtor, (vi) the Facility utilisation date is at least one Business Day prior to the Expiry Date (or termination date) for the Facility, and (vivii) we have received all of the interest, fees and Costs incurred by us (and payable by you) in establishing and continuing the Facility. 2.2 If the Facility Agreement specifies that a Facility is uncommitted, you are not obliged to utilise a Facility and we are not obliged to accept any request from you to utilise a Facility (notwithstanding satisfaction of any condition precedent in respect of a Facility). 2.3 If a Facility Agreement specifies that a Facility is a revolving facility, then amounts repaid or prepaid to or received or recovered by us will be available for reuse in accordance with this Agreement up to the Expiry Date (if any) for that Facility. We may agree to extend the Expiry Date (if any) for a Facility by written agreement entered into with you before the then current Expiry Date and each such extended expiry date shall be the "Expiry Date" for that Facility. 2.4 If a Facility is uncommitted and has not been terminated earlier, either you or we can give the other 30 days notice in writing terminating this Agreement.

Facility Availability. 2.1 We are not obliged to make a Facility available to you, unless: (i) we are satisfied (in form and substance) that all conditions precedent to the availability of the Facility have been met, (ii) we are satisfied that no Default Event or Without Recourse Exception has occurred and is continuing or in our opinion is likely to occur, (iii) we are satisfied that the representations and warranties made by you in this Agreement are true and correct at the date of the relevant request by you to use a Facility and the date upon which we comply with that request, (iv) the Base Currency Equivalent of the aggregate amounts outstanding under the Facility at any time will not exceed the Facility Limit (if any), (v) the Facility utilisation date is at least one Business Day prior to the Expiry Date (or termination date) for the Facility, and (vi) we have received all of the interest, fees and Costs incurred by us (and payable by you) in establishing and continuing the Facility. 2.2 If the Facility Agreement specifies that a Facility is uncommitted, you are not obliged to utilise a Facility and we are not obliged to accept any request from you to utilise a Facility (notwithstanding satisfaction of any condition precedent in respect of a Facility). 2.3 If a Facility Agreement specifies that a Facility is a revolving facility, then amounts repaid or prepaid to or received or recovered by us will be available for reuse in accordance with this Agreement up to the Expiry Date (if any) for that Facility. We may agree to extend the Expiry Date (if any) for a Facility by written agreement entered into with you before the then current Expiry Date and each such extended expiry date shall be the "Expiry Date" for that Facility. 2.4 If a Facility is uncommitted and has not been terminated earlier, either you or we can give the other 30 days notice in writing terminating this Agreement.