Common use of Completion of a Utilisation Request Clause in Contracts

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) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 5 contracts

Sources: Facility Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

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 Loansigned by the relevant Borrower and the Company; (ii) it identifies the Facility to be utilisedproposed purpose of the Loan and confirms that the Loan complies with Clause 3 (Purpose); (iii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that FacilityPeriod; (iv) the currency and amount of the Utilisation Loan comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 9 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation Loan or, in the case of euroEuro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation Loan are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 4 contracts

Sources: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)

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 Loanidentifies the Facility to be utilised; (ii) it identifies the Facility to be utilisedrelevant Borrower; (iii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 11 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or LondonLondon or any other principal financial centre agreed between the Company and the Agent, acting reasonably) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 4 contracts

Sources: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)

Completion of a Utilisation Request. (a) Each The Utilisation Request for a Loan is shall be 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) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that of the Facility; (ivii) the currency is euro and the amount of the Utilisation comply with Clause 5.3 proposed Loan is a minimum of EUR 25,000,000 and does not exceed the lower of (Currency x) the Available Commitment and amount)(y) such amount as is permitted under subsections (h) and (i) of Section 6.02 of the Wabco Revolving Credit Facility; (viii) the proposed Interest Period complies with Clause 13 9 (Interest Periods); and (viiv) it specifies the account and bank (which must be in Brussels or the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a any other Participating Member State in which banks are open for general business on that day or Londonday) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each the Utilisation Request.

Appears in 2 contracts

Sources: Facility Agreement (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)

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 Loanidentifies the Facility to be used; (ii) in relation to a Facility A Loan, it identifies whether the Facility Loan is to be utilisedan Australian Loan; (iii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 11 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 2 contracts

Sources: Multicurrency Loan Facility and Subscription Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)

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) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that FacilityPeriod; (iv) the currency and amount of the Utilisation Loan comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 9 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation Loan are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 2 contracts

Sources: Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)

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 Loanidentifies the Facility to be utilised; (ii) it identifies the Facility to be utilisedrelevant Borrower; (iii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 10 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Misys PLC), Facility Agreement (Allied Healthcare International Inc)

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; (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (viv) the proposed Interest Period complies with Clause 13 10 (Interest Periods); and (viv) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 2 contracts

Sources: Facility Agreement (Aon Corp), Facility Agreement (Allied Healthcare International Inc)

Completion of a Utilisation Request. (a) Each Utilisation Request for a Revolving Facility Loan is irrevocable and will not be regarded as having been duly completed unless: (i) it specifies that it is for a Revolving Facility Loan; (ii) it identifies the Facility to be utilisedBorrower; (iii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that the Revolving Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 11 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Revolving Facility Loan may be requested in each Utilisation Request.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Cascal N.V.), Facility Agreement (Cascal B.V.)

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; (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (viv) the proposed Interest Period complies with Clause 13 10 (Interest Periods); and (viv) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or LondonLondon or, such other financial centre as the relevant Borrower, with the consent of the Agent, may select) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 2 contracts

Sources: Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/)

Completion of a Utilisation Request. (a) Each Utilisation Request for a Loan is irrevocable (other than the Conditional Utilisation Request which is conditional as specified therein) 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; (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (viv) the proposed Interest Period complies with Clause 13 10 (Interest Periods); and (viv) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or LondonLondon or such other financial centre as the relevant Borrower, with the consent of the Agent, may select) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Facility Agreement (Mitchells & Butlers PLC)

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 relevant Borrower; (iv) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (ivv) the currency and amount of the Utilisation comply with Clause 5.3 clause 11.3 (Currency and amount); (vvi) the proposed Interest Period complies with Clause 13 clause 19 (Interest Periods); and (vivii) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Facilities Agreement (Sequa Corp /De/)

Completion of a Utilisation Request. (a) Each Utilisation Request for a Revolving Facility Loan is irrevocable and will not be regarded as having been duly completed unless: (i) it specifies that it is for a Revolving Facility Loan; (ii) it identifies the Facility to be utilisedrelevant Borrower; (iii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that the Revolving Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 11 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Revolving Facility Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Cascal N.V.)

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) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iv) the currency and amount of the Utilisation comply with Clause 5.3 12.3 (Currency and amount); (v) the proposed Interest Period complies with Clause 13 20 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or London) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

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 utilisedutilised and the relevant Borrower; (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation Loan comply with Clause 5.3 (Currency and amount); (iv) the limitations set out in Clause 4.3 (Maximum number of Loans) are not breached; (v) the proposed Interest Period complies with Clause 13 15 (Interest Periods); and (vi) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or Londonday) to which the proceeds of the Utilisation Loan are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Term and Revolving Facilities Agreement (International Textile Group Inc)

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 utilisedutilised (which in the case of Bidco must be Facility D); (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (viv) the proposed Interest Period complies with Clause 13 12 (Interest Periods); and (viv) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, London or (in the case of euro, a Loan denominated in the principal financial centre Base Currency) New York or (in the case of a Participating Member State Loan in which banks are open for general business on that day the Optional Currency) Toronto or Londonany other place in Canada agreed by the Agent and the Company) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Facility Agreement (Rio Tinto PLC)

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; (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (viv) the proposed Interest Period complies with Clause 13 9 (Interest Periods); and (viv) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or LondonUtilisation) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Facility Agreement (Energizer Holdings Inc)

Completion of a Utilisation Request. (a) Each Utilisation Request for a Loan is irrevocable (other than the Conditional Utilisation Request which is conditional as specified therein) 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; (iiiii) the proposed Utilisation Date is a Business Day within the Availability Period applicable to that Facility; (iviii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); (viv) the proposed Interest Period complies with Clause 13 10 (Interest Periods); and (viv) it specifies the account and bank (which must be in the principal financial centre of the country of the currency of the Utilisation or, in the case of euro, the principal financial centre of a Participating Member State in which banks are open for general business on that day or LondonLondon or, such other financial centre as the relevant Borrower, with the consent of the Agent, may select) to which the proceeds of the Utilisation are to be credited. (b) Only one Loan may be requested in each Utilisation Request.

Appears in 1 contract

Sources: Facility Agreement (Intercontinental Hotels Group PLC /New/)