Common use of Utilisation Clause in Contracts

Utilisation. (a) The Borrower may utilize the Facility by delivering to the Lender a duly completed written utilisation request substantially in the form of Schedule 1 (Form of Utilisation Request) ("Utilisation Request") not later than 12 pm (noon) (Stuttgart time) on the fifth Business Day prior to the proposed Utilisation Date. (b) Each Utilisation Request will not be regarded as having been duly completed unless: (i) it sets out: (A) the amount to be utilized (the "Utilisation Amount") which complies with paragraph (c) below; (B) the details of the Borrower's bank account; and (C) the purpose for which Utilisation Amount shall be used, with sufficient details for the Lender to reconcile such Utilisation Amount against the reports to be delivered under Clause 3.1(b) (Purpose) and Clause 10.1 (Information Undertakings); and (ii) the proposed Utilisation Date is a Business Day within the Availability Period. (c) The US Dollar amount of each proposed Loan must be less than or equal to the Available Commitment. (d) If the conditions in this Agreement have been met, the Lender shall make each Loan available by the relevant Utilisation Date.