Facility C. Subject to the terms of this Agreement, the Lender makes available to the Borrower a US dollar term loan facility in an aggregate amount equal to the Facility C Commitment.
Facility C. Each Lender severally agrees, subject to the terms and conditions of this Agreement, to make a term Loan to the Borrower not to exceed its Facility C Commitment. Such Loan shall be made by way of a single borrowing made on the Closing Date. Any portion of each Lender's Facility C Commitment not utilized by such borrowing on such date shall be permanently canceled.
Facility C. (a) The Lender, during the period from the date of this Agreement until April 1, 1999, subject to the terms and conditions of this Agreement, and subject to the condition that at the time of each borrowing issuance hereunder no Default or Event of Default has occurred and is then continuing to occur and that the representations and warranties given by the Borrower in Section 2 as of the date of this Agreement shall remain true and correct in all material respects (except for representations and warranties (i) which are made as of a particular date or (ii) as to which the facts which gave
Facility C. Only one Advance has been made available under Facility C. No further Advances are available under Facility C and the principal amount outstanding under Facility C as at the date hereof is US $45,000,000.
Facility C. The Borrower acknowledges and agrees that Facility C is established at the pleasure of the Bank and that the Bank reserves the right to cancel Facility C in whole or in part at any time (whether or not demand is made at such time) and to demand immediate repayment of any and all amounts outstanding under Facility C at any time, at the sole discretion of the Bank and notwithstanding compliance by the Borrower with any or all of the provisions of this agreement.
Facility C. Facility C shall be governed by the terms of the relevant Ancillary Facilities Letter and this Agreement, save that in the event of any conflict between this Agreement and the relevant Ancillary Facilities Letter (insofar as they relate to matters specifically set out in this Agreement in relation to Facility C) the terms of this Agreement shall prevail. Utilisations may be requested by the Borrower and shall be made by the relevant Facility C Lender in accordance with the terms of the relevant Ancillary Facilities Letter. Reference to “this Agreement” shall, insofar as they relate to Facility C, be deemed to include the relevant Ancillary Facilities Letter.
Facility C. Only one Advance is being made available under Facility C. Notwithstanding any provision herein to the contrary, the aggregate US Dollar Amount of the principal amount of the single Advance initially made under Facility C shall not at any time exceed the Facility C Credit Limit, but no principal amount thereof shall be required to be repaid only because of a decrease in the Facility C Borrowing Base after such Advance.