Utilisation Loans Sample Clauses
Utilisation Loans. Utilisation - Bills................................................... 20 8. Bills.................................................................
Utilisation Loans. 5.1 Delivery of a Utilisation Request
(a) Subject to paragraphs (b) and (c) below, a Borrower may utilise a Facility by delivery to the Agent of a duly completed Utilisation Request not later than the Specified Time or such other time as the Agent may agree (acting on the instructions of the Majority Lenders).
(b) The Obligors’ Agent may request that one or more Facility A Loans be borrowed to replace all or part of the Bank Guarantee (whether or not the proposed Utilisation Date for such Facility A Loan falls during the Availability Period) provided that:
(A) a separate award has been passed in accordance with Chapter 22 Section 15, paragraph 2 of the Swedish Companies Act in respect of the redemption amount in connection with the Squeeze-Out that has been accepted by Bidco and such award has gained legal force;
(B) the proceeds of such Facility A Loan or Facility A Loans are applied against all of the amounts referred to in paragraph (i)(A) above; and
(C) no Facility A Loan shall be borrowed unless the Issuing Bank is satisfied (acting reasonably) that upon such Facility A Loan being borrowed, the maximum amount payable under the Bank Guarantee will be reduced by an amount equal to the amount of that Facility A Loan; or
(A) a final arbitral award or judgment on the redemption amount and interest payable by Bidco to the minority shareholders in Target has been passed in the Squeeze-Out and such arbitral award or judgment has gained legal force;
(B) the proceeds of such Facility A Loan are applied against all of the amounts and interest referred to in paragraph (ii)(A) above; and
(C) no Facility A Loan shall be borrowed unless the Issuing Bank is satisfied (acting reasonably) that upon such Facility A Loan being borrowed, it has no further liability under the Bank Guarantee. For the avoidance of doubt, the conditions for utilisation as set out in particular in Clause 5.2 (Completion of a Utilisation Request - Loans) shall apply to this paragraph (b) (but the conditions set out in Clause 4.2 (Further conditions precedent) shall not apply).
(c) In the event a Borrower is obliged to make a payment to the Issuing Bank under paragraph (c) of Clause 7.2 (Claims under the Bank Guarantee) in respect of a claim under the Bank Guarantee to be made or purported to be made pursuant to Clause 7.2 (Claims under the Bank Guarantee) (including where that Issuing Bank becomes obliged to make a cash deposit in accordance with the terms of the Bank Guarantee) that Borrower s...
Utilisation Loans. 5.1 Delivery of a Utilisation Request The Borrower may utilise Facility A, Facility B, Facility C or Facility D by way of a Loan by delivery to the Agent of:
(a) an original duly completed Utilisation Request not later than the Specified Time (or such later time as the Agent (acting on the instructions of all Lenders participating in the relevant Loan) may agree); or
(i) a scanned copy of a duly completed Utilisation Request by email and followed by (ii) the original duly completed Utilisation Request (or a fax copy of the duly completed Utilisation Request), in each case, not later than the respective Specified Times (or such later time as the Agent (acting on the instructions of all Lenders participating in the relevant Loan) may agree).
Utilisation Loans. 5.1 Delivery of a Utilisation Request
(a) The Parent may utilise the Term Facility by delivery to the Lender of a duly completed Utilisation Request;
(b) A Borrower (or the Ultimate Parent on its behalf) may utilise the Revolving Facility by delivery to the Lender of a Borrowing Base Certificate at least 7 Business Days prior to the proposed Utilisation Date and a duly completed Utilisation Request.
Utilisation Loans. 5.1 Delivery of a Utilisation Request The Borrower may utilise Facility A, Facility B or Facility C by way of a Loan by delivery to the Agent of:
(a) an original duly completed Utilisation Request not later than the Specified Time (or such later time as the Agent (acting on the instructions of all Lenders participating in the relevant Loan) may agree); or
(i) a scanned copy of a duly completed Utilisation Request by email and followed by (ii) the original duly completed Utilisation Request (or a fax copy of the duly completed Utilisation Request), in each case, not later than the respective Specified Times (or such later time as the Agent (acting on the instructions of all Lenders participating in the relevant Loan) may agree).
5.2 Completion of a Utilisation Request
(a) Each Utilisation Request for a Loan is irrevocable and will not be regarded as having been duly completed unless:
(i) it specifies that it is for a Loan;
(ii) it identifies the Facility to be utilised;
(iii) it identifies the purpose of the Loan;
(iv) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility;
(v) the currency and amount of the Loan comply with Clause 5.3 (Currency and amount);
(vi) the proposed Interest Period complies with Clause 10 (Interest Periods); and
(vii) it specifies the manner in which the proceeds of the Loan are to be credited.
(b) Only one Loan may be requested in each Utilisation Request.
Utilisation Loans. 5.1 Delivery of a Utilisation Request
Utilisation Loans