Common use of Utilisation Request Clause in Contracts

Utilisation Request. LETTERS OF CREDIT From: [Borrower] [Parent]* To: [Agent] Dated: [ ] Dear Sirs Kinove German Holdings GmbH—[ ] Super Senior Revolving Facility Agreement dated [ ] (the “Facility Agreement”) 1. We refer to the Facility Agreement. This is a Utilisation Request. Terms defined in the Facility Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request. 2. We wish to arrange for a Letter of Credit to be issued by the Issuing Bank specified below (which has agreed to do so) on the following terms: (a) Borrower: [ ] (b) Issuing Bank: [ ] (c) Proposed Utilisation Date: [ ] (or, if that is not a Business Day, the next Business Day) (d) Currency of Letter of Credit: [ ] (e) Amount: [ ] or, if less, the Available Facility (f) Term: [ ] 3. We confirm that each condition specified in paragraph (b) (or, to the extent applicable, paragraph (c)), of Clause 6.5 (Issue of Letters of Credit) is satisfied on the date of this Utilisation Request. We also confirm that this Letter of Credit will not be used for a Financial Assistance Purpose. 4. We attach a copy of the proposed Letter of Credit. 5. The purpose of this proposed Letter of Credit is [ ]. 6. This Utilisation Request is irrevocable. authorised signatory for [the Parent on behalf of] [insert name of relevant Borrower]]/[insert name of relevant Borrower]* NOTES: * Amend as appropriate. The Utilisation Request can be given by the Borrower or by the Parent.

Utilisation Request. LETTERS OF CREDIT From: [Borrower] [ParentCompany]* To: [Facility Agent] and [Issuing Bank] Dated: [ [insert date] Dear Sirs Kinove German Holdings GmbH—[ ] Super Senior Revolving Facility Agreement dated [ ] (the “Facility Agreement”)Sirs 1. We refer to the Facility Facilities Agreement. This is a Utilisation Request. Terms defined in the Facility Facilities Agreement have the same meaning in this Utilisation Request unless given a different meaning in this Utilisation Request. 2. We wish to arrange for a Letter of Credit to be issued by the Issuing Bank specified below (which has agreed to do so) on the following terms: (a) Borrower: [ ] (b) Issuing Bank: [ ] (c) Proposed Utilisation Date: [ ] (or, if that is not a Business Day, the next Business Day) (d) Facility to be utilised: Revolving Facility (e) Currency of Letter of Credit: [ ] (ef) Amount: [ ] or, if less, the Available Facility in relation to the Revolving Facility (fg) Term: [ ] (h) Beneficiary: [ ] 3. We confirm that each condition specified in paragraph (b) (or, to the extent applicable, paragraph (c)), of Clause 6.5 (Issue of Letters of Credit) is satisfied on the date of this Utilisation Request. We also confirm that this Letter of Credit will not be used for a Financial Assistance Purpose. 4. We attach a copy of the proposed Letter of Credit. 5. The purpose of this proposed Letter of Credit is [ ]. 6. This Utilisation Request is irrevocable. Yours faithfully, authorised signatory for [the Parent Company on behalf of] of [insert name of relevant Borrower]]/[insert name of relevant Borrower]* NOTES: * Amend as appropriate. The Utilisation Request can be given by the Borrower or by the ParentCompany.