Common use of Further conditions precedent Clause in Contracts

Further conditions precedent. Subject to the provisions of Clause 4.3 (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: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 4 contracts

Sources: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (iA) no Default is continuing or would result from the proposed Loan; and (iiB) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 2 contracts

Sources: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 5.3 (Lenders' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor set out in Clause 21 (Representations) are true in all material respects.

Appears in 2 contracts

Sources: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP)

Further conditions precedent. Subject The Lenders will, subject to the provisions of Clause 4.3 4.4 (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: (ia) no Default or Event of Default is continuing or would result from the proposed Loan; and (iib) the Repeating Repeated Representations to be made by each Obligor are true in all material respects.

Appears in 2 contracts

Sources: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG)

Further conditions precedent. 3.5.1 Subject to the provisions of Clause 4.3 (Certain Funds), 3.6 the Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) 4.1.4 if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 2 contracts

Sources: Facilities Agreement (Inveresk Research Group LTD), Facilities Agreement (Inveresk Research Group Inc)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (i) 4.2.1 no Default is continuing or would result from the proposed Loan; and (ii) 4.2.2 the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 2 contracts

Sources: Junior Facility Agreement (Endeavour International Corp), Term Facility Agreement (Luxottica Group Spa)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) subject to clause 4.5 (Certain Funds), no Default is continuing or would result from the proposed LoanUtilisation; and (iib) subject to clause 4.5 (Certain Funds), the Repeating Representations to be made by each Obligor are true in all material respectsrespects and not misleading.

Appears in 2 contracts

Sources: Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor the Obligors are true in all material respects.

Appears in 2 contracts

Sources: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)

Further conditions precedent. Subject In addition to the provisions of Clause 4.3 4.1 (Certain FundsInitial 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 Closing Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) all the Repeating Representations to be representations and warranties in Clause 22 (Representations) made by each Obligor are true in all material respectstrue.

Appears in 2 contracts

Sources: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the making of the proposed Loan; and (iib) all the Repeating Representations to be made by each Obligor representations and warranties in clause 20 (Representations) are true in all material respectstrue.

Appears in 2 contracts

Sources: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor the Obligors are true in all material respects.

Appears in 2 contracts

Sources: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations and (if applicable) the confirmation pursuant to Clause 5.2(a)(iii)(4) (Completion of a Utilisation Request) to be made by each Obligor the Borrower are true in all material respects.

Appears in 2 contracts

Sources: Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.), Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations representations to be made by each Obligor are true in all material respects.

Appears in 2 contracts

Sources: Facility Agreement (Ocean Rig UDW Inc.), Facility Agreement (DryShips Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 4.6 (Certain FundsFunds 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: (ia) no Event of Default is continuing or would result from the proposed Loan; and (iib) 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. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations representations in Clause 18 (Representations) to be made by each Obligor the Borrower are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (PT Indosat TBK)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (Software AG, Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (China Shandong Industries, Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (i) , no Default is continuing or would result from the proposed Loan; and (ii) Loan and the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (First Solar, Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) in relation to a Utilisation (other than a Utilisation to which Clause 4.4 (Utilisations during the Certain Funds Period) applies) if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (MTS Inc)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor the Borrower are (and if the proposed Loan is made, will on the date the Loan is made be) true in all material respects.

Appears in 1 contract

Sources: Loan Agreement (Ship Acquisition Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) ), if on the date of the each Utilisation Request and on the each proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Senior Facility Agreement (International Game Technology PLC)

Further conditions precedent. Subject to the provisions of Clause 4.3 (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: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Debt Bridge Facility Agreement (Xstrata PLC)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor the Obligors are true in all material respects.

Appears in 1 contract

Sources: Term Loan Facilities Agreement (DHT Holdings, Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) if on the date of the an Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed LoanLoan or Tranche; and (iib) the Repeating Representations to be made by each Obligor of the Borrowers and the Guarantor are true in all material respects.

Appears in 1 contract

Sources: Term Loan Facility Agreement (DHT Holdings, Inc.)

Further conditions precedent. Subject to the provisions of Clause 4.3 4.4 (Certain Funds), the Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) in respect of any proposed Utilisation if on the date of the Utilisation Request and on the proposed Utilisation Date: (i) , no Default is continuing or would result from the proposed Loan; and (ii) Loan and the Repeating Representations to be made by each Obligor and the Parent are true in all material respects.

Appears in 1 contract

Sources: Mgo Facility Agreement

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation’ Participation) if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating representations and warranties set out in Clause 17 (Representations and Warranties) to be made by each Obligor the Borrower are true in all material respects.

Appears in 1 contract

Sources: Term Facility Agreement (Cadence Design Systems Inc)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 5.3 (Lenders' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (Moscow Cablecom Corp)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (Kronos Worldwide Inc)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Repeating Representations to be made by each Obligor are true in all material respectstrue.

Appears in 1 contract

Sources: Loan Facility Agreement (Falconbridge LTD)

Further conditions precedent. Subject to the provisions of Clause 4.3 4.4 (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: (i) in the case of a Rollover Loan, no Event of Default is continuing or might reasonably be expected to 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 (ii) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Repeating Representations to be made by each Obligor are true in all material respectstrue.

Appears in 1 contract

Sources: Multicurrency Loan Facility Agreement (Xstrata PLC)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders▇▇▇▇▇▇▇' participation) in relation to a Utilisation other than one to which Clause 4.3 (Utilisations during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Bridge Facility Agreement

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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 (other than one to which Clause 4.3 (Certain Funds Utilisation) applies): (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor the Borrowers are true in all material respects.

Appears in 1 contract

Sources: Facilities Agreement (Borse Dubai LTD)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the 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: (ia) no Event of Default is continuing or would result from the proposed Loan; and and (iib) the Repeating Representations to be made by each Obligor are true in all material respects.

Appears in 1 contract

Sources: Sustainability Linked Revolving Credit Facility Agreement (ICL Group Ltd.)

Further conditions precedent. Subject to the provisions of Clause 4.3 (Certain Funds), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) in relation to a Utilisation (other than one to which Clause 4.4 (Utilisations during the Certain Funds Period) applies) if on the date of the Utilisation Request and on the proposed Utilisation Date: (ia) no Default is continuing or would result from the proposed Loan; and (iib) the Repeating Representations to be made by each Obligor the Borrower are true in all material respects.

Appears in 1 contract

Sources: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)