Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations would be outstanding. (b) Any Loan made by a single Lender under Clause 10.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4. (c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 4 contracts
Sources: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 4 contracts
Sources: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.)
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the a proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations the total number of:
(i) Loans outstanding would be outstandingexceed 8; or
(ii) Letters of Credit outstanding would exceed 12.
(b) Any Loan made by a single Lender under Clause 10.2 8.2 (Unavailability of a currencyCurrency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Sources: Facilities Agreement (Signet Jewelers LTD), Facilities Agreement (Signet Jewelers LTD)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 20 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Sources: Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 ten or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) 4.4.1 A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more Revolving than twenty (20) Facility A Utilisations or 26 or more Revolving Facility B Utilisations Loans (excluding, for the avoidance of doubt, Swingline Loans and Letters of Credit) would be outstanding.
(b) 4.4.2 Any Loan made by a single Lender under Clause 10.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.4 (Maximum number of Utilisations).
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Credit Agreement (Axa Financial Inc)
Maximum number of Utilisations. (a) 4.4.1 A Borrower (or the Parent) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 five or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations would be outstanding.
(b) 4.4.2 Any Loan made by a single Lender under Clause 10.2 6.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Multicurrency Facility Agreement (Gulfmark Offshore Inc)
Maximum number of Utilisations. (a) A Borrower may not deliver a Facility B Utilisation Request if as a result of the proposed Utilisation 26 seven or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations would be outstanding.
(b) A Borrower may not request that a Facility A Loan be divided.
(c) Any Loan made by a single Lender under Clause 10.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if for a Loan if, as a result of the proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations than twenty (20) Loans would be outstanding.
(b) Any Loan made made:
(i) by a single Lender under Clause 10.2 6.2 (Unavailability of a currency); or
(ii) as a Separate Loan under Clause 8.2 (Cashless Rollover and Separate Loans), shall not be taken into account in paragraph a) of this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) A The Original Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 more than 30 Loans (or more Revolving such higher number as the Facility A Utilisations or 26 or more Revolving Facility B Utilisations Agent may agree) would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 6.2 (Unavailability Revocation of a currency) shall not be taken into account in this Clause 4.44.3.
(c) Any Separate Loan shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations than five Loans would be outstanding.
(b) A Borrower may not deliver more than one Utilisation Request under the Facility on any one day.
(c) A Borrower may not request that a Loan be divided if, as a result of the proposed division, more than five Loans would be outstanding.
(d) Any Loan made by a single Lender under Clause 10.2 7.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Multicurrency Loan Facility Agreement (Xstrata PLC)
Maximum number of Utilisations. (a) A The Borrower may not deliver a Utilisation Request if if, as a result of the proposed Utilisation 26 or Utilisation, more Revolving Facility A Utilisations or 26 or more Revolving Facility B than 15 Utilisations would be outstanding.
(b) Any Loan Utilisation made by a single Lender under Clause 10.2 7.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.45.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Facility Agreement (British Sky Broadcasting Group PLC)
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations than 10 Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.44.3.
Appears in 1 contract
Sources: Revolving Facility Agreement (Manchester United PLC)
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the a proposed Utilisation 26 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations the total number of Loans outstanding would be outstandingexceed 12.
(b) Any Loan made by a single Lender under Clause 10.2 6.2 (Unavailability of a currencyCurrency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.. Back to Contents
Appears in 1 contract
Maximum number of Utilisations. (a) 4.4.1 A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 fifteen (15) or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations Loans (excluding, for the avoidance of doubt, Swingline Loans and Letters of Credit) would be outstanding.
(b) 4.4.2 Any Loan made by a single Lender under Clause 10.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.4 (Maximum number of Utilisations).
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Credit Agreement (Axa Financial Inc)
Maximum number of Utilisations. (a) A No Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 Utilisation:
(i) more than one Facility A Loan would be outstanding; or
(ii) twenty or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations would be outstanding.
(b) The Parent may not request that the Facility A Loan be divided.
(c) Any Loan made by a single Lender under Clause 10.2 9.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.44.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Second Supplemental Facility Agreement (Paradigm Ltd.)
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 more than twenty-five (25) Loans or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations than twenty-five (25) Letters of Credit would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 11.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.45.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Facility Agreement (Linde PLC)
Maximum number of Utilisations. (a) 5.4.1 A Borrower may not deliver a Utilisation Request if if, as a result of the proposed Utilisation 26 or Utilisation, more Revolving Facility A Utilisations or 26 or more Revolving Facility B than 15 Utilisations would be outstanding.
(b) 5.4.2 Any Loan Utilisation made by a single Lender under Clause 10.2 clause 7.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4clause 5.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Facility Agreement (British Sky Broadcasting Group PLC)
Maximum number of Utilisations. (a) A Borrower may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 20 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations Loans would be outstandingoutstanding concurrently at any time.
(b) Any Loan made by a single Lender under Clause 10.2 14.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 or Utilisation:
(i) more than one Facility A Loan and one Facility B Loan would be outstanding; or
(ii) more than eight Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)
Maximum number of Utilisations. (a) A Borrower (or the Company) may not deliver a Utilisation Request if as a result of the proposed Utilisation 26 Utilisation:
(i) more than 12 Term Loans would be outstanding; or
(ii) more than 15 or more Revolving Facility A Utilisations or 26 or more Revolving Facility B Utilisations Loans would be outstanding.
(b) Any Loan made by a single Lender under Clause 10.2 8.2 (Unavailability of a currency) shall not be taken into account in this Clause 4.4.
(c) Any Separate Loan shall not be taken into account in this Clause 4.4.
Appears in 1 contract
Sources: Senior Facilities Agreement (Anheuser-Busch InBev S.A.)