Common use of Delivery of Request Clause in Contracts

Delivery of Request. (a) Subject to the terms of this Agreement, PA or (upon its accession as a Borrower pursuant to a Borrower Accession Agreement) any Borrower may request a Utilisation by delivering to the Facility Agent by facsimile transmission (provided that the original is sent to the Facility Agent) or letter, (in the case of a Documentary Credit or an Advance to be denominated in Sterling) prior to 10.00 a.m. on the Business Day before the proposed Utilisation Date or (in the case of a Documentary Credit or an Advance to be denominated in an Optional Currency) prior to 10.00 a.m. on the third Business Day before the proposed Utilisation Date (or in any such case at such later time and/or date as may be agreed by the Facility Agent in writing), a duly completed Request. (b) No Request for the issuance of a Documentary Credit may be delivered to the Facility Agent until the form of that Documentary Credit has been agreed by the Facility Agent, Services, the beneficiary and either the LC Bank or (in the case of a Documentary Credit to be issued severally by the Banks) the Banks. No request for the issuance of a Documentary Credit without a fixed tenor and fixed amount may be made. Documentary Credits shall only be issued subject to and in accordance with all applicable laws and regulations and the Uniform Customs and Practice as referred to in Clause 5.5(b), as in force from time to time.

Appears in 1 contract

Sources: Facility Agreement (Pacificorp /Or/)

Delivery of Request. (a) Subject to the terms of this Agreement, PA Bidco or (upon its accession as a Borrower pursuant to a Borrower Accession Agreement) any Borrower may request a Utilisation by delivering to the Facility Agent by facsimile transmission (provided that the original is sent to the Facility Agent) or letter, (in the case of a Documentary Credit or an Advance to be denominated in Sterling) prior to 10.00 a.m. on the Business Day before the proposed Utilisation Date or (in the case of a Documentary Credit or an Advance to be denominated in an Optional Currency) prior to 10.00 a.m. on the third Business Day before the proposed Utilisation Date (or in any such case at such later time and/or date as may be agreed by the Facility Agent in writing), a duly completed Request. (b) No Request for the issuance of a Documentary Credit may be delivered to the Facility Agent until the form of that Documentary Credit has been agreed by the Facility Agent, Servicesthe Company, the beneficiary and either the LC Bank or (in the case of a Documentary Credit to be issued severally by the Banks) the Banks. No request for the issuance of a Documentary Credit without a fixed tenor and fixed amount may be made. Documentary Credits shall only be issued subject to and in accordance with all applicable laws and regulations and the Uniform Customs and Practice as referred to in Clause 5.5(b), as in force from time to time.

Appears in 1 contract

Sources: Facility Agreement (Pacificorp /Or/)