Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date: (a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and (b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 20 contracts
Sources: Multicurrency Revolving Facility Agreement (Markit Ltd.), Supplemental Agreement (Innospec Inc.), Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan andRollover Loan, and in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 7 contracts
Sources: Credit Facility Agreement (Gold Fields LTD), Credit Facility Agreement (Sibanye Gold LTD), Credit Facility Agreement (Sibanye Gold LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 5 contracts
Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 5 contracts
Sources: Amending Agreement (Sappi LTD), Facility Agreement (Sappi LTD), Facility Agreement (WNS (Holdings) LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participationParticipation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) 4.2.1 in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) 4.2.2 the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 4 contracts
Sources: Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Revolving Facility Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) ), if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan andLoan, and in the case of any other LoanUtilisation, no Default is continuing or would result from the proposed LoanUtilisation; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 4 contracts
Sources: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respectstrue.
Appears in 4 contracts
Sources: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan andLoan, and in the case of any other LoanUtilisation, no Default is continuing or would result from the proposed LoanUtilisation; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 3 contracts
Sources: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
Date (a) other than in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, ):
(a) no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 3 contracts
Sources: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 2 contracts
Sources: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Facility Agreement (Mobifon Holdings Bv)
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) (in the case of a Rollover Loan, ) no Event of Default is continuing or would result from the proposed making of the relevant Loan and, and (in the case of any other Loan, Utilisation) no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 2 contracts
Sources: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and;
(b) the Repeating Representations to be made by each Obligor are true in all material respects.;
Appears in 2 contracts
Sources: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc), Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Acceleration Event of Default is continuing or would result from the proposed Loan has occurred and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all respects or, in the case of a Repeating Representation that does not include a concept of materiality, in all material respects.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (VTTI Energy Partners LP)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 clause 6.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other LoanUtilisation, no Default is continuing or would result from the proposed LoanUtilisation; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 2 contracts
Sources: Facility Agreement (British Sky Broadcasting Group PLC), Facility Agreement (British Sky Broadcasting Group PLC)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 2 contracts
Sources: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Further conditions precedent. The Lenders Lender will only be obliged to comply with Clause 5.4 (Lenders’ participationAvailability of Loans) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 2 contracts
Sources: Facility Agreement (Harsco Corp), Facility Agreement (Harsco Corp)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 6.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Repeated Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facility Agreement (Linde PLC)
Further conditions precedent. The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) 4.2.1 in the case of a Rollover LoanUtilisation, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) 4.2.2 the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Agreement (Mercer International Inc)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Event of Default or Potential Event of Default is continuing or would result from the proposed Loan; andand A02583129/5.0/05 Feb 2003 Back to Contents
(b) the Repeating Representations to be made by each Obligor Borrower have been complied with and are true in all material respectsrespects by reference to the circumstances then existing.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respectsnot incorrect or misleading when made or deemed to be made.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participationLENDERS' PARTICIPATION) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) no Event of Default or, in each case other than in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor ABB pursuant to Clause 19.25 (REPETITION) are true in all material respects.
Appears in 1 contract
Sources: Facilities Agreement (Abb LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 6.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other LoanUtilisation, no Default is continuing or would result from the proposed LoanUtilisation; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facility Agreement (British Sky Broadcasting Group PLC)
Further conditions precedent. The Lenders Lender will only be obliged to comply with Clause 5.4 (Lenders’ participationAvailability of Loans) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed LoanLoan and none of the circumstances described in Clause 7.2 (Change of control) has occurred; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 5.5 (Lenders’ participationparticipations) if on the date of the a Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.; and
Appears in 1 contract
Sources: Senior Facilities Agreement (Net 1 Ueps Technologies Inc)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other LoanUtilisation, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true and correct in all material respects.
Appears in 1 contract
Sources: Senior Secured Credit Facility Agreement (North Atlantic Drilling Ltd.)
Further conditions precedent. The Lenders Lender will only be obliged to comply with Clause clause 5.4 (Lenders’ participation▇▇▇▇▇▇’s obligation) if on the date of the Utilisation Utilization Request and on the proposed Utilisation Utilization Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Secured Revolving Facility Agreement (Klondex Mines LTD)
Further conditions precedent. The (a) Subject to Clause 4.6 (Certain Funds Period), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Subject to Clause 5.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 6.4 (Lenders’ participation) in relation to a Loan, if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respectstrue.
Appears in 1 contract
Sources: Credit Facilities Agreement (Wanda Sports Group Co LTD)
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event notice of Default is continuing or would result from acceleration of the proposed Loan Facility has been given under Clause 23.15 (Acceleration); and,
(ii) in the case of any other Loan, :
(A) no Default is continuing or would result from the proposed Loan; and
(bB) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. 4.3.1 The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) 4.3.1.1 in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) 4.3.1.2 the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, and in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects, or the Lenders nevertheless agree to make that Loan.
Appears in 1 contract
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ ▇▇▇▇▇▇▇' participation) in relation to a Utilisation (other than a Certain Funds Utilisation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) other than in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facilities Agreement
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
Date (a) other than in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, ):
(i) no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Credit Agreement (Sappi LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:: 93954-4-1-v3.0 -20- 70-40529536
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan Loan, and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facility Agreement (Midamerican Energy Holdings Co /New/)
Further conditions precedent. The Subject to Clause 4.6 (Certain Funds), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other LoanUtilisation, no Default is continuing or would result from the proposed LoanUtilisation; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respectsrespects by reference to the facts and circumstances then existing.
Appears in 1 contract
Sources: Facility Agreement (Melco PBL Entertainment (Macau) LTD)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and;
(b) the Repeating Representations to be made by each Obligor are true in all material respects.; and
Appears in 1 contract
Sources: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from notice has been served by the proposed Loan Facility Agent on the Company under Clause 23.13 (Acceleration) and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Loan Agreement (Intercontinental Hotels Group PLC /New/)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 6.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facilities Agreement (Syngenta Ag)
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) 4.2.1 in the case of a Rollover LoanUtilisation, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) 4.2.2 the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Mercer International Inc.)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 5.5 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) 4.2.1 provided that this Agreement has become effective pursuant to Clause 4.1.1 above;
4.2.2 in the case of a Rollover LoanUtilisation, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) 4.2.3 the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Mercer International Inc.)
Further conditions precedent. The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participationParticipation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) , except in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, :
(a) no Default or Mandatory Prepayment Event is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Reuters Group PLC /Adr/)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Rollover Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Senior Revolving Credit Facility Agreement (Logitech International Sa)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) in relation to a Loan only if on the date of the Utilisation Request and on the proposed Utilisation Date:
(aA) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would will result from the proposed Loan; and
(bB) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor Borrower are true in all material respects.
Appears in 1 contract
Sources: Second Supplemental Facility Agreement (Paradigm Ltd.)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if if, on each of the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of relation to a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan Loan, and, in the case of relation to any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 clause 5.3 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation DateRequest:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in making of the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Company are (and if the Loan is made, will be) true in all material respects.
Appears in 1 contract
Sources: Facility Agreement (TRM Corp)
Further conditions precedent. The Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) in relation to a Loan if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan Loan; and,
(b) in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bc) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations representations to be made by each Obligor in accordance with Clause 19.15 (Repetition) are true in all material respects.
Appears in 1 contract
Sources: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)
Further conditions precedent. The Subject to Clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) ), if on the date of the a Utilisation Request and on the proposed Utilisation Date:
(aA) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bB) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Endava PLC)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respectstrue.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Utilization Request and on the proposed Utilisation Utilization Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) 4.2.1 in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) 4.2.2 the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.
Appears in 1 contract
Sources: Revolving Facility Agreement
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 5.5 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facility Agreement (Enodis PLC)
Further conditions precedent. The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan Loan, and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Sources: Facility Agreement (Midamerican Energy Holdings Co /New/)
Further conditions precedent. The Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan andRollover Loan, and in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. (a) The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) except in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(bii) the Repeating Representations to be made by each Obligor are true in all material respects.
Appears in 1 contract
Further conditions precedent. The Subject to clause 4.1 (Initial conditions precedent), the Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) in the case of a Rollover Loan, no Event of Default is continuing or would result from the proposed Loan and, in the case of any other Loan, no Default is continuing or would result from the proposed Loan; and
(b) the Repeating Representations to be made by each Obligor are true in all material respectstrue.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Enstar Group LTD)