Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if: (i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and (ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation. (b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time: (i) whether or not the Lenders have granted their approval; and (ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 2 contracts
Sources: Multicurrency Loan Facility and Subscription Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan an Advance if:
(i) it is a eurocurrency readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationAdvance; and
(ii) it is euro dollars or (in relation to Australian Loans only) Australian dollars sterling or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.Loan. Back to Contents
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will will, as soon as reasonably practicable, confirm to the Company by the Specified TimeCompany:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 2 contracts
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A C Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market wholesale market for that currency at the Specified Time and on the Quotation Day and the Utilisation Date for that Utilisation; andFacility C Loan;
(ii) it is euro or (in relation to Australian Loans only) Australian dollars US Dollars, Sterling or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request or Selection Notice for that UtilisationFacility C Loan; and
(iii) there are Reference Rate Terms for that currency.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Parent for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Parent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 2 contracts
Sources: Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.), Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and
(ii) it is euro or (in relation to Australian Loans only) Australian Canadian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 2 contracts
Sources: Multicurrency Loan Facility Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if it is sterling or euro or (in the case of any other currency) if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market London interbank market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Obligors’ Agent for a currency to be approved under paragraph subparagraph (a)(ii) above, the Facility Agent will confirm to the Company Obligors’ Agent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 2 contracts
Sources: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Revolving Facility A Loan Utilisation if:
(i) it is readily freely available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market London interbank market on the Quotation Day and the Utilisation Date for that Utilisation; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the LendersLenders participating in the Revolving Facility) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders participating in the Revolving Facility have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan Utilisation if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and
(ii) it is euro sterling or (in relation to Australian Loans only) Australian dollars euros or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) The Lenders will only be obliged to comply with Clause 30.9 (Change of currency) if, on the first day of an Interest Period, no Default is continuing or would result from the change of currency and the Repeating Representations to be made by each Obligor are true in all material respects.
(c) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if it is sterling or euro or (in the case of any other currency) if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market London interbank market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request or Selection Notice for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Obligors’ Agent for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Obligors’ Agent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Facilities Agreement (Innospec Inc.)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro sterling or (in relation to Australian Loans only) Australian dollars euros or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
(c) If the euro constitutes an Optional Currency at any time, a Loan will only be made available in the euro unit or any other units of the euro agreed by the Majority Lenders.
Appears in 1 contract
Conditions relating to Optional Currencies. (a) A currency (other than GBP or USD, which are committed Optional Currencies) will constitute an Optional Currency in relation to a Facility A Loan Utilisation if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) If by the Specified Time the Facility Agent has received a written request from the Company by the Specified Time for a currency to be approved under paragraph (a)(ii(a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Facility Agreement (Linde PLC)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan Utilisation if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and
(iiA) it is euro or a Facility Approved Currency; or
(in relation to Australian Loans onlyB) Australian dollars or it has been approved by the Facility Agent (acting on the instructions consent of all the Lenders) ), on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) aboveabove (other than a Facility Approved Currency), the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, and integral multiples) multiples for any subsequent Utilisation in that currency.
Appears in 1 contract
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market European interbank market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior with respect to receipt that Loan (including, for the avoidance of doubt, any Rollover Loan) and such approval has been confirmed to the Borrower by the Facility Agent of the relevant Utilisation Request for that UtilisationSpecified Time as contemplated under paragraph (b) below.
(b) If the Agent has received by the Specified Time the Facility Agent has received a written request from the Company Borrower for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Borrower by the Specified Time:
(i) whether or not the Lenders have granted their approvalapproval with respect to the relevant Loan; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Credit Facility Agreement (Sap Ag)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(ia) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(iib) it is euro CHF, EUR or (in relation to Australian Loans only) Australian dollars GBP or has been any other currency approved by the Facility Agent (acting on the instructions of all the Lenders) Lenders on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) Loan, it being understood that a choice of CHF, EUR or GBP as an Optional Currency does not require a prior approval of the Lenders. If by the Specified Time the Facility Agent has received a written request from the Company a Borrower for a currency to be approved under paragraph (a)(iib) above, the Facility Agent will confirm to the respective Borrower and the Company by the Specified Time:
(ia) whether or not the Lenders have granted their approval; and
(iib) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Senior Revolving Credit Facility Agreement (Logitech International Sa)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan Revolving Utilisation if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and
(ii) it is euro or (in relation to Australian Loans only) Euro, Australian dollars or Japanese Yen or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that Utilisation.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under sub-paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan an Advance if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationAdvance; andand Table of Contents
(ii) it is euro dollars or (in relation to Australian Loans only) Australian dollars sterling or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will will, as soon as reasonably practicable, confirm to the Company by the Specified TimeCompany:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan ifany Utilisation if it is not the relevant Base Currency and if either:
(i) it is readily available in the amount required and freely convertible into the Base Currency for the relevant Tranche readily available in the amount requested in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that Utilisation; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or Utilisation and has been approved by the Facility Facilities Agent (acting on the instructions of all the Lenders) Lenders on or prior to receipt by the Facility Facilities Agent of the relevant Utilisation Request for that UtilisationLoan); or
(ii) it is US Dollars, euro or Sterling.
(b) If by the Specified Time the Facility Facilities Agent has received a written request from the Company a Borrower for a currency to be approved under paragraph (a)(iia) above, the Facility Facilities Agent will confirm to the Company that Borrower by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Multicurrency Revolving Facilities Agreement (Carnival PLC)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan an issuance of Incremental Series Notes if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market wholesale market for that currency on the Quotation Day and the Utilisation Subscription Date for that UtilisationNote; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the LendersNoteholders under the relevant Incremental Series (as applicable) on or prior to receipt by the Facility Agent of the relevant Utilisation Subscription Request for that UtilisationNote), provided that there are Reference Rate Terms for such currency.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii4.3(a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders relevant Noteholders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation Note in that currency.
Appears in 1 contract
Sources: Senior Notes Purchase Agreement (Inspired Entertainment, Inc.)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan except that no such approval shall be required for that Loan if it is to be denominated in sterling or euro.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral whole multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Facility Agreement (Misys PLC)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan an Advance if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationAdvance; andor
(ii) it is euro Sterling or (in relation to Australian Loans only) Australian dollars Euro or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request or Selection Notice for that UtilisationAdvance.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Borrowers' Agent for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Borrowers' Agent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Credit Agreement (Reh Mergersub Inc)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if it is sterling or euro or (in the case of any other currency) if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market London interbank market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request or Selection Notice for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Obligors’ Agent for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Obligors’ Agent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
(c) If the euro constitutes an Optional Currency at any time, a Loan will only be made available in the euro unit.
Appears in 1 contract
Sources: Facilities Agreement (Octel Corp)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan an Advance if:
(i) it is a eurocurrency readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationAdvance; and
(ii) it is euro dollars or (in relation to Australian Loans only) Australian dollars sterling or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will will, as soon as reasonably practicable, confirm to the Company by the Specified TimeCompany:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro Sterling or (in relation to Australian Loans only) Australian dollars US Dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request or Selection Notice for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan an Advance if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationAdvance; and
(ii) it is euro dollars or (in relation to Australian Loans only) Australian dollars sterling or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will will, as soon as reasonably practicable, confirm to the Company by the Specified TimeCompany:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if it is sterling or euro or (in the case of any other currency) if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market London interbank market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request or Selection Notice for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Obligors’ Agent for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Obligors’ Agent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
(c) If the euro constitutes an Optional Currency at any time, a Loan will only be made available in the euro unit. Table of Contents
Appears in 1 contract
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Revolving Loan ifif it is dollars or euros or any other currency that:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(b) If by the Specified Time the Facility Agent has received a written request from the Company Obligors’ Agent for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company Obligors’ Agent by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation Loan in that currency.
Appears in 1 contract
Sources: Facility Agreement (Yell Finance Bv)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan except that no such approval shall be required for that Loan if it is to be denominated in dollars or euro.
(b) If If, by the Specified Time Time, the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral whole multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Conditions relating to Optional Currencies. (ai) A currency will constitute an Optional Currency in relation to a Facility A Loan if:
(iA) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market on the Quotation Day and the Utilisation Date for that UtilisationLoan; and
(iiB) it is euro either (y) dollars or kroner or (in relation to Australian Loans onlyz) Australian dollars or some other currency that has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan.
(bii) If by the Specified Time the Facility Agent has received a written request from the Company a Borrower for a currency to be approved under paragraph (a)(iii)(B) above, the Facility Agent will confirm to the Company that Borrower by the Specified Time:
(iA) whether or not the Lenders have granted their approval; and
(iiB) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
Appears in 1 contract
Sources: Third Amendment Agreement (Kronos International Inc)
Conditions relating to Optional Currencies. (a) A currency will constitute an Optional Currency in relation to a General Revolving Facility A Loan if:
(i) it is readily available in the amount required and freely convertible into the Base Currency in the Relevant Interbank Market wholesale market for that currency at the Specified Time and on the Quotation Day and the Utilisation Date for that Utilisation; andLoan;
(ii) it is euro or (in relation to Australian Loans only) Australian dollars or has been approved by the Facility Agent (acting on the instructions of all the Lenders) on or prior to receipt by the Facility Agent of the relevant Utilisation Request for that UtilisationLoan; and
(iii) there are Reference Rate Terms for that currency.
(b) If by the Specified Time the Facility Agent has received a written request from the Company for a currency to be approved under paragraph (a)(iiclause 4.4(a)(ii) above, the Facility Agent will confirm to the Company by the Specified Time:
(i) whether or not the Lenders have granted their approval; and
(ii) if approval has been granted, the minimum amount (and, if required, integral multiples) for any subsequent Utilisation in that currency.
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Sources: Facilities Agreement