Conditions to all drawdowns. The Bank is not obliged to provide an Advance unless: (a) (Availability Period) it is to be provided during the Availability Period; and (b) (Commitment) the Bank is satisfied that after providing the accommodation the Commitment would not be exceeded; and (c) (Drawdown Notice) the Bank has received a Drawdown Notice in respect of it in the place, and by the time, required under this Letter of Offer; and (d) (Representations and warranties) the Bank is satisfied that the representations and warranties in clause 2 (Representations and warranties) of the Standard Terms and the statements in the Drawdown Notice are correct and not misleading at the date of the Drawdown Notice and at the date the accommodation is provided; and (e) (no Event of Default, Potential Event of Default, Review Event) the Bank is satisfied that no Event of Default or Potential Event of Default, or Review Event is continuing, or would result from the accommodation being provided; and (f) (know your customer) the Bank has received any document or other information that the Bank requests to enable the Bank to comply with its relevant know your customer and anti-money laundering requirements in connection with the transactions contemplated by the Bank Documents that it has not already received as a condition precedent to the first drawdown. Each condition to drawdown is for the sole benefit of the Bank and may be waived by it.
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Conditions to all drawdowns. The Bank Lender is not obliged to provide an Advance unless:
(a) (Availability Period) it is to be provided during the Availability Period; and
(b) (Commitment) the Bank Lender is satisfied that after providing the accommodation the Commitment would not be exceeded; and
(c) (Drawdown Notice) the Bank Lender has received a Drawdown Notice in respect of it in the place, and by the time, required under this Letter of OfferAgreement; and
(d) (Representations and warranties) the Bank Lender is satisfied that the representations and warranties in clause 2 7 of this Agreement and clause 3 (Representations and warranties) of the Standard Common Terms Deed and the statements in the Drawdown Notice are correct and not misleading at the date of the Drawdown Notice and at the date the accommodation is provided; and
(e) (no Event of Default, Potential Event of Default, Review Event) the Bank Lender is satisfied that no Event of Default or Potential Event of Default, or Review Event is continuing, or would result from the accommodation being provided; and
(f) (know your customer) the Bank Lender has received any document or other information that the Bank Lender requests to enable the Bank Lender to comply with its relevant know your customer and anti-money laundering requirements in connection with the transactions contemplated by the Bank Transaction Documents that it has not already received as a condition precedent to the first drawdown. Each condition to drawdown is for the sole benefit of the Bank Lender and may be waived by it.
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Sources: Amendment and Restatement Deed (Sims Metal Management LTD)