Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 3 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Intercreditor Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
Further conditions precedent. Subject to Clause clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 clause 5.5 (Lenders’ participation' participation in Loans) in relation to a Loan or issue or enter into an Ancillary Facility if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 3 contracts
Samples: And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation-loans) in relation to a Loan (about loans) and Clause 6.4 (Issue of the Commercial Lenders’ Guarantee) if on the date of the an Utilisation Request and on the proposed Utilisation Date:
Appears in 3 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement (Seadrill Partners LLC), Senior Secured Credit Facility Agreement (Seadrill Partners LLC)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (LendersXxxxxxx’ participation) in relation to a Loan Utilisation other than one to which Clause 4.4 (Utilisations during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Senior Facilities Agreement, Senior Facilities Agreement
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if Utilisation if, in the opinion of the Facility Agent (acting on the instructions of all of the Lenders (acting reasonably)), on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Sibanye Gold LTD
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a respect of any Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan Utilisation if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Intercreditor Agreement (Manchester United PLC), Facilities Agreement (Manchester United Ltd.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participationParticipation) in relation to a Loan Loan, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan Utilisation other than one to which Clause 4.4 (Utilisations during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Senior Facilities Agreement, Senior Facilities Agreement
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentCondition Precedent), the Lenders Lender will only be obliged to comply with Clause 5.4 (Lenders’ participationDisbursement of Loan) in relation to a Loan only if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Fang Nengbin)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the 4.3.1 The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan (other than one to which Clause 4.7 (Loans during the Certain Funds Period) applies) only if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Agreement (Shire PLC), Facilities Agreement (Shire PLC)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan ), if on the date of the Utilisation Request and on the proposed Utilisation Date:Date:-
Appears in 2 contracts
Samples: Facility Agreement (Gulfmark Offshore Inc), Facility Agreement (Penske Automotive Group, Inc.)
Further conditions precedent. Subject In addition to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Closing Date:
Appears in 2 contracts
Samples: Agreement (Groupe Eurotunnel SA), Agreement (Groupe Eurotunnel SA)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) (other than in relation respect of a Certain Funds Loan to a Loan which Clause 4.4 (Loans during the Certain Funds Period) apply), if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Further conditions precedent. Subject to Clause 4.1 5.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 6.4 (Lenders’ participation) in relation to a Loan if Utilisation other than one to which Clause 5.3 (Utilisations during the Certain Funds Period) applies if, in the opinion of the Facility Agent (acting on the instructions of all of the Lenders (acting reasonably)), on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: www.sec.gov, Sibanye Gold LTD
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 5.3 (Lenders’ participationParticipation) in relation to a Loan if (unless otherwise specified below) on the date of the Utilisation Request for that Loan and on the proposed Utilisation DateDate for that Loan:
Appears in 2 contracts
Samples: Agreement (Atlas Investissement), Agreement (Atlas Investissement)
Further conditions precedent. Subject to Clause clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Facility Agreement (Enstar Group LTD), Management Agreement (Sunrise Senior Living Inc)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan Utilisation under a Facility if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 2 contracts
Samples: Facilities Agreement (Melco Crown Entertainment LTD), Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Further conditions precedent. Subject to Clause 4.1 5.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 6.4 (Lenders’ participation) in relation to a Loan Loan, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Credit Facilities Agreement (Wanda Sports Group Co LTD)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (LendersXxxxxxx’ participation) in relation to a Loan other than one to which Clause 4.5 (Utilisation during the Certain Funds Period) or Clause 4.6 (Accordion Loans during the Agreed Certain Funds Period) applies if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation' participations) in relation to a Loan Utilisation other than one to which Clause 4.3 ( Utilisations during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan ), if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 4.4 (Initial conditions precedentCertain Funds), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan respect of any proposed Utilisation if on the date of the Utilisation Request and on the proposed Utilisation Date:, no Default is continuing or would result from the proposed Loan and the Repeating Representations to be made by each Obligor and the Parent are true in all material respects.
Appears in 1 contract
Samples: Mgo Facility Agreement
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if (in relation to a Loan if Facility A) on the Facility A Utilisation Date and (in relation to Facility B) on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facility Agreement (Synnex Corp)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participationParticipation) in relation to a Loan (other than one to which Clause 4.5 (Loans during the Certain Funds Period) applies) if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Tercica Inc)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if and/or Drawing (as applicable) if, on the date of the Utilisation Request and on the proposed Utilisation Date, or, in the case of a Drawing, on the date of the proposed Drawing:
Appears in 1 contract
Samples: images.caruna.fi
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan (other than one to which Clause 4.7 (Loans during the Certain Funds Period) applies) only if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facilities Agreement (Shire Ltd.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan only if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Assignment Agreement (Shire PLC)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan Utilisation other than one to which Clause 5 (UtilisationError! Reference source not found.) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan ), if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facilities Agreement (Genesco Inc)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan Utilisation other than one to which Clause 4.5 (Utilisations during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. 4.3.1 Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 5.3.1 (Lenders’ ' participation) in relation to a Loan ), if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Royal Invest International Corp.
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (LendersXxxxxxx’ participation) in relation to a Loan if if, on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Credit Facilities Agreement
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan ), if on the date of the a Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Agreement (Endava PLC)
Further conditions precedent. Subject to Clause 4.1 4.1 (Initial conditions precedent), the Lenders Lender will only be obliged to comply with Clause 5.4 (Lenders’ participation) 5.3 in relation to a the Loans under the Term Loan if Facilities, on the date of the Initial Utilisation Request Requests and on the proposed Utilisation DateClosing Date if:
Appears in 1 contract
Samples: Credit Agreement (Id Systems Inc)
Further conditions precedent. Subject to Clause clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ ' participation) in relation to a Loan other than one to which clause 4.4 (Loans during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Agreement
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ ' participation) in relation to a Loan if on the date of the first Utilisation Request and on the proposed first Utilisation Date:Date the Specified Offer Conditions are satisfied as of such date.
Appears in 1 contract
Samples: Agreement (Aramex International LTD)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the 4.3.1 The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan (other than one to which Clause 4.7 (Loans during the Certain Funds Period) applies) only if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Agreement (Shuttle Corp)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a any Loan if on the date of the Utilisation Request (relating to such Loan) and on the proposed Utilisation Date:Date (relating to such Loan):
Appears in 1 contract
Samples: Energizer Holdings Inc
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a any Loan if on the date of the Utilisation Request (relating to such Loan) and on the proposed Utilisation Date:Date (for such Loan):
Appears in 1 contract
Further conditions precedent. (a) Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if if, on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facility Agreement (Imerys S.A.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ ' participation) in relation to a any Loan if on the date of the relevant Utilisation Request and on the proposed Utilisation DateDate for such Loan:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if Utilisation other than one to which Clause 4.5 (Utilisations during the Certain Funds Period) applies, if, on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facility Agreement (Orion Engineered Carbons S.a r.l.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) ), in relation to a Loan Utilisation, if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Facilities Agreement (Atento S.A.)
Further conditions precedent. Subject to Clause clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ ' participation) in relation to a Loan other than one to which clause 4.5 (Loan during the Certain Funds Period) applies if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: www.catalisgroup.com
Further conditions precedent. Subject to Clause 4.1 4.3 (Initial conditions precedentCertain funds), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a any Loan if on the date of the Utilisation Request (relating to such Loan) and on the proposed Utilisation Date:Date (for such Loan):
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:(other than one to which Clause 4.5 (Capex/
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if if, on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Credit Facilities Agreement
Further conditions precedent. (a) Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Datefunding obligation), if:
Appears in 1 contract
Samples: Facility Agreement (Cobalt International Energy, Inc.)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participationAdvance of Loan) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Dateif:
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedentConditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Original Lenders’ participation) in relation to a Loan Advance), if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Further conditions precedent. Subject to Clause clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
Appears in 1 contract
Samples: Enstar Group LTD
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation or paragraph (c) of Clause 4.2 (Conditions precedent to a Loan Loan) if on the date of the Utilisation Request and on the proposed Utilisation DateDate or, in respect of paragraph (c) of Clause 4.2 (Conditions precedent to a Loan), on the date of release of the deposit referred to therein:
Appears in 1 contract
Samples: Facility Agreement (Danaos Corp)
Further conditions precedent. Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Loan Request and on the proposed Utilisation Loan Date:
Appears in 1 contract