Common use of Conditions to drawdown Clause in Contracts

Conditions to drawdown. ‌ 4.1 The Agreement on the part of the Lender to provide the Tranche A Commitment on the date of this Agreement and provide the Loan under clause 3(a) (Drawdown) shall be conditional upon the receipt by the Lender from the Borrower of: (a) this Agreement executed by the Borrower; (b) the Debenture executed by the Borrower; (c) the Intercreditor Agreement executed by the Borrower, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇; (d) the Share Purchase Agreement executed by the Lender and the shareholders of the entire issued share capital of the Borrower at the date of this Agreement; (e) a copy of a resolution of the board of directors of the Borrower approving the terms of, and the transactions contemplated by, the Finance Documents; (f) a copy of a resolution of the board of directors of the Borrower approving the terms of, and the transactions contemplated by, the Share Purchase Agreement; and (g) a copy of any other document, opinion or assurance which the ▇▇▇▇▇▇ considers to be necessary in connection with the entry into and performance of the transactions contemplated by any Finance Documents. 4.2 The Agreement on the part of the Lender to provide the Tranche B Commitment following the Tranche B CP Satisfaction Date and provide the Loan under clause 3(b) (Drawdown) shall be conditional upon the receipt by the Lender from the Borrower of a copy of any other document, opinion or assurance which the Lender considers to be necessary in connection with the entry into and performance of the transactions contemplated by any Finance Documents in respect of the advance of the Tranche B Commitment (including an explanation of the purpose for the use of proceeds from the Tranche B Commitment).

Conditions to drawdown. ‌ 4.1 The Agreement on the part of the Lender to provide the Tranche A Commitment on the date of this Agreement Original Execution Date and provide the Loan under clause 3(a) (Drawdown) shall be conditional upon the receipt by the Lender from the Borrower of: (a) this Agreement executed by the Borrower; (b) the Debenture executed by the Borrower; (c) the Intercreditor Agreement executed by the Borrower, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇; (d) the Share Purchase Agreement executed by the Lender and the shareholders of the entire issued share capital of the Borrower at the date of this AgreementOriginal Execution Date; (e) a copy of a resolution of the board of directors of the Borrower approving the terms of, and the transactions contemplated by, the Finance Documents; (f) a copy of a resolution of the board of directors of the Borrower approving the terms of, and the transactions contemplated by, the Share Purchase Agreement; and (g) a copy of any other document, opinion or assurance which the ▇▇▇▇▇▇ Lender considers to be necessary in connection with the entry into and performance of the transactions contemplated by any Finance Documents. 4.2 The Agreement on the part of the Lender to provide the Tranche B Commitment following the Tranche B CP Satisfaction Date and provide the Loan under clause 3(b) (Drawdown) shall be conditional upon the receipt by the Lender from the Borrower of a copy of any other document, opinion or assurance which the Lender considers to be necessary in connection with the entry into and performance of the transactions contemplated by any Finance Documents in respect of the advance of the Tranche B Commitment (including an explanation of the purpose for the use of proceeds from the Tranche B Commitment). 4.3 The Agreement on the part of the Lender to provide any part of the Tranche C Commitment following the date of this Agreement and provide any Loan under clause 3(c) (Drawdown) shall be conditional upon the receipt by the Lender from the Borrower of a copy of any other document, opinion or assurance which the Lender considers to be necessary in connection with the entry into and performance of the transactions contemplated by any Finance Documents in respect of the advance of any part of the Tranche C Commitment including, without limitation: (i) evidence of performance against the Company's budget; (ii) any explanation of the purpose for the use of proceeds of any part of the Tranche C Commitment); (iii) delivery to the Lender of a deed of amendment to the Share Purchase Agreement including an extension to the Longstop Date to 31 March 2022 and consent to the terms of the Lender's fundraise as described in such deed of amendment; (iv) delivery to the Lender of the amended and restated Intercreditor Agreement. 4.4 The Agreement on the part of the Lender to provide any part of the Tranche C Commitment on or following 1 March 2022 shall, in addition to the conditions to drawdown listed under clause 4.3 above, be conditional upon the Lender having posted to its shareholders a prospectus in connection with its proposed acquisition of the Borrower, as contemplated under the Share Purchase Agreement and the Longstop Date remaining as 31 March 2022. 4.5 By executing this Agreement, the Borrower confirms for the benefit of the Lender that: (a) subject to paragraph (b) below, the Debenture shall remain in full force and effect notwithstanding the amendment and restatement of the Original Facility Agreement herein and the obligations secured and guaranteed by the Debenture extend to include any new obligations assumed by the Borrower under this Agreement; and (b) the terms and conditions of the Debenture remain in full force and effect notwithstanding the amendment and restatement of the Original Facility Letter pursuant to this Agreement.