Common use of Form of Utilisation Request Clause in Contracts

Form of Utilisation Request. A Utilisation Request for a Revolving Facility Advance or a Term-out Advance will not be regarded as having been duly completed unless: (a) the proposed Utilisation Date is a Business Day during the applicable Facility A Availability Period or Facility B Availability Period; (b) in the case of a Term-out Advance under Facility A, the Utilisation Request requests Advances from all those Revolving Facility Banks (but not some only) with a Facility A Availability Period expiring on the same day; (c) the Requested Amount for each separate Utilisation comprising a Revolving Facility Advance or a Term-out Advance is in a minimum Original Dollar Amount of US$50,000,000 and an integral multiple of US$10,000,000, (or such other amount as the relevant Borrower and the Facility Agent may agree before the delivery of that Utilisation Request) or an integral multiple of the amounts in the relevant Optional Currency agreed between the relevant Borrower and the Facility Agent before the delivery of the relevant Utilisation Request; (d) only one Term or, in the case of Term-out Advances under Facility A, one Interest Period and Final Maturity Date, for each separate Utilisation is specified which: (i) in the case of a Utilisation under Facility A, does not extend beyond the then applicable Facility A Availability Period (other than in the case of Term-out Advances); and (ii) in the case of a Utilisation under Facility B, does not extend beyond the Final Maturity Date; and (iii) subject to Clause 2.5 (Primary Syndication Period), is a period of (A) 1, 2, 3 or 6 months for any Advance which is not an Acquisition Advance (or, in any case, such other period as all the Revolving Facility Banks may previously have agreed for the purposes of such Advances); or (B) 1, 2, 3, or 4 weeks, or 2, 3 or 6 months for any Acquisition Advance; (e) the payment instructions comply with Clause 11 (Payments); and (f) in the case of a Term-out Advance under Facility A, the proposed Final Maturity Date (which must be the same date for all Term-out Advances drawn on the same date) is a date after the applicable Facility A Availability Period but no later than the third Anniversary. Each Utilisation Request, once delivered, shall be irrevocable.

Form of Utilisation Request. A Utilisation Request for a Revolving Facility Advance or a Term-out Advance will not be regarded as having been duly completed unless: (a) the proposed Utilisation Date is a Business Day during the applicable Facility A Availability Period or Facility B Availability Period; (b) in the case of a Term-out Advance under Facility A, the Utilisation Request requests Advances from all those Revolving Facility Banks (but not some only) with a Facility A Availability Period expiring on the same day; (c) the Requested Amount for each separate Utilisation comprising a Revolving Facility Advance or a Term-out Advance is in a minimum Original Dollar Amount of US$50,000,000 and an integral multiple of US$10,000,000, (or such other amount as the relevant Borrower and the Facility Agent may agree before the delivery of that Utilisation Request) or an integral multiple of the amounts in the relevant Optional Currency agreed between the relevant Borrower and the Facility Agent before the delivery of the relevant Utilisation Request; (dc) only one Term or, in the case of Term-out Advances under Facility AAdvances, one Interest Period and Final Maturity Date, for each separate Utilisation is specified which: (i) in the case of a Utilisation under Facility A, does not extend beyond the then applicable Facility A Availability Period (other than in the case of Term-out Advances); and (ii) in the case of a Utilisation under Facility B, does not extend beyond the Final Maturity Date; and (iii) subject to Clause 2.5 (Primary Syndication Period), is a period of (A) of 1, 2, 3 or 6 months for any Advance which is not an Acquisition Advance (or, in any case, or such other period as all the Revolving Facility Banks may previously have agreed for the purposes of such AdvancesAdvances provided that the Revolving Facility Banks agree that the Borrower may select such other period as may be necessary for the purposes of facilitating the accession of additional financial institutions pursuant to Clause 26.3 (Increase of Revolving Facility Total Commitments); or (B) 1, 2, 3, or 4 weeks, or 2, 3 or 6 months for any Acquisition Advance; (ed) the payment instructions comply with Clause 11 (Payments); and (fe) in the case of a Term-out Advance under Facility AAdvance, the proposed Final Maturity Date (which must be the same date for all Term-out Advances drawn on the same date) date is a date after the applicable Facility A Availability Period but no later than the third Anniversarysecond Anniversary or if the Availability Period has been extended pursuant to Clause 5.7 (Extension of Availability Period) at the time the option to draw the first Term-out Advance has been exercised, 12 months after the date that extended Availability Period expires. Each Utilisation Request, once delivered, shall be irrevocable.. Back to Contents