Completion of an Advance Request. 6.2.1 Each Advance Request in respect of a Revolving Credit Facility Advance is irrevocable and shall not be regarded as having been duly completed unless: (a) it is signed by a Responsible Officer of the Company whose specimen signature has been delivered to the Intercreditor Agent and who is identified as being authorised to so sign on behalf of the Company by a resolution of its Board of Directors, a copy of which, together with a certification in relation thereto by a Responsible Officer in substantially the form set out in paragraph 3(ii) of Part C of Schedule 2 (Conditions Precedent) of the Common Terms Agreement, has also been delivered to the Intercreditor Agent; (b) the proposed Advance Date is a Business Day within the Revolving Credit Facility Availability Period; (c) the currency and amount of the Advance comply with Clause 6.3 (Currency and amount); (d) the amount of each Revolving Credit Facility Lender’s participation in the Advance complies with Clause 6.4 (Lenders’ Participation); and (e) the proposed Interest Period complies with Clause 10 (Interest Periods). 6.2.2 Only one Advance may be requested in each Advance Request.
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement, Revolving Credit Facility Agreement (Wynn Resorts LTD)
Completion of an Advance Request. 6.2.1 (a) Each Advance Request in respect of a Revolving Credit Facility Advance is irrevocable and shall not be regarded as having been duly completed unless:
(ai) it is signed by a Responsible Officer of the Company whose specimen signature has been delivered to the Intercreditor Agent and who is identified as being authorised to so sign on behalf of the Company by a resolution of its Board of Directors, a copy of which, together with a certification in relation thereto by a Responsible Officer in substantially the form set out in paragraph 3(ii) of Part C of Schedule 2 (Conditions Precedent) of the Common Terms Agreement, has also been delivered to the Intercreditor Agent;
(bii) the proposed Advance Date is a Business Day within the Revolving Credit Facility Availability Period;
(ciii) the currency and amount of the Advance comply with Clause 6.3 (Currency and amount);
(div) the amount of each Revolving Credit Facility Lender’s participation in the Advance complies with Clause 6.4 (Lenders’ Participation); and
(ev) the proposed Interest Period complies with Clause 10 (Interest Periods).
6.2.2 (b) Only one Advance may be requested in each Advance Request.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Wynn Resorts LTD)