Common use of Purpose and Availability Clause in Contracts

Purpose and Availability. (i) The Company shall apply each Facility A Loan made to it towards:- (A) financing or refinancing the cost of the Acquisition and the fees, costs and expenses associated with the Acquisition, including under the procedures in Sections 428-430 of the Companies Act 1985; (B) financing ▇▇ ▇▇▇▇nancing the consideration payable to Share Option Holders and Loan Note Holders in connection with the Acquisition; or (C) its working capital or general corporate purposes. (ii) The Guarantee is to be issued for the purpose of guaranteeing the obligations of the Company under the Loan Notes. (iii) Facility A Loans may be borrowed and the Guarantee may be issued, subject to the terms of this Agreement, at any time after the Unconditional Acceptances Date and prior to the Facility A Final Repayment Date. (i) The Company shall apply each Facility B Loan made to it towards:- (A) financing or refinancing the cost of the Acquisition and the fees, costs and expenses associated with the Acquisition, including under the procedures in Sections 428-430 of the Companies Act 1985; (B) financing ▇▇ ▇▇▇▇nancing the consideration payable to Share Option Holders and Loan Note Holders in connection with the Acquisition; or (C) financing the purchase of Shares in the market up to a maximum aggregate shareholding of 29.9 per cent. of the Shares. (ii) Facility B Loans may be borrowed, subject to the terms of this Agreement, at any time on or before the Facility B Term Date. (i) Upon its becoming a Borrower, the Target shall apply each Facility C Loan made to it towards:- (A) refinancing any facilities of the Target (excluding the refinancing of any Bond Issues) outstanding at the date on which the Target becomes a Subsidiary of the Company; or (B) its working capital and general corporate purposes. (ii) Facility C Loans may be borrowed by the Target, subject to the terms of this Agreement, at any time after the Target becomes a Borrower and prior to the Facility C Final Repayment Date. (d) Without affecting the obligations of any Borrower in any way, no Finance Party is bound to monitor or verify the application of any Utilisation.

Purpose and Availability. (i) The Company shall apply each Facility A Loan made to it towards:- (A) financing or refinancing the cost of the Acquisition and the fees, costs and expenses associated with the Acquisition, including under the procedures in Sections 428-430 of the Companies Act 1985; (B) financing ▇▇▇ ▇▇▇▇nancing ; (B) financing or refinancing the consideration payable to Share Option Holders and Loan Note Holders in connection with the Acquisition; or (C) its working capital or general corporate purposes. (ii) The Guarantee is to be issued for the purpose of guaranteeing the obligations of the Company under the Loan Notes. (iii) Facility A Loans may be borrowed and the Guarantee may be issued, subject to the terms of this Agreement, at any time after the Unconditional Acceptances Date and prior to the Facility A Final Repayment Date. (i) The Company shall apply each Facility B Loan made to it towards:- (A) financing or refinancing the cost of the Acquisition and the fees, costs and expenses associated with the Acquisition, including under the procedures in Sections 428-430 of the Companies Act 1985; (B) financing ▇▇▇ ▇▇▇▇nancing ; (B) financing or refinancing the consideration payable to Share Option Holders and Loan Note Holders in connection with the Acquisition; or (C) financing the purchase of Shares in the market up to a maximum aggregate shareholding of 29.9 per cent. of the Shares. (ii) Facility B Loans may be borrowed, subject to the terms of this Agreement, at any time on or before the Facility B Term Date. (i) Upon its becoming a Borrower, the Target shall apply each Facility C Loan made to it towards:- (A) refinancing any facilities of the Target (excluding the refinancing of any Bond Issues) outstanding at the date on which the Target becomes a Subsidiary of the Company; or (B) its working capital and general corporate purposes. (ii) Facility C Loans may be borrowed by the Target, subject to the terms of this Agreement, at any time after the Target becomes a Borrower and prior to the Facility C Final Repayment Date. (d) Without affecting the obligations of any Borrower in any way, no Finance Party is bound to monitor or verify the application of any Utilisation.