Utilisation Conditions for the Facility. 3.2.1 Save as otherwise provided herein, the Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (a) no later than 10.00 a.m. three Business Days before the proposed Utilisation Date, the Agent has received a duly completed Utilisation Request from the Borrower; (b) the proposed Utilisation Date is a Business Day falling within the Availability Period; (c) on and as of the proposed Utilisation Date: (i) no Default is continuing or would result from the proposed Loan; and (ii) the Representations are true in all material respects; and (d) the currency and amount of the Utilisation comply with Clause 3.4 (Currency and Amount). 3.2.2 The Banks will not be obliged to satisfy the Utilisation Request unless the Fixed Rate has been agreed hereunder.
Appears in 2 contracts
Sources: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)
Utilisation Conditions for the Facility. 3.2.1 Save as otherwise provided herein, the Utilisation Request is irrevocable and will not be regarded as having been duly completed unless:
(a) no later than 10.00 a.m. three two Business Days before the proposed Utilisation Date, the Agent has received a duly completed Utilisation Request from the Borrower;
(b) the proposed Utilisation Date is a Business Day falling within the Availability Period;
(c) on and as of the proposed Utilisation Date:
(i) no Default is continuing or would result from the proposed Loan; and
(ii) the Representations are true in all material respects; and
(d) the currency and amount of the Utilisation comply with Clause 3.4 (Currency and Amount).
3.2.2 The Banks will not be obliged to satisfy the Utilisation Request unless the Fixed Rate has been agreed hereunder.
Appears in 1 contract
Sources: Credit Agreement (Ace LTD)