Utilisation of the Facilities Clause Samples

The 'Utilisation of the Facilities' clause defines the terms and conditions under which a party may access and use specific facilities provided under an agreement. It typically outlines the procedures for requesting use, any limitations or requirements for approval, and the responsibilities of the user while utilizing the facilities. For example, it may specify advance notice periods, permitted purposes, or compliance with operational rules. This clause ensures that the use of the facilities is orderly, transparent, and consistent with the agreement’s objectives, thereby preventing misuse and clarifying expectations for all parties involved.
Utilisation of the Facilities. 42 6.1 Delivery of a Drawdown Request............................... 42 6.2
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Utilisation of the Facilities. 4.1 To the extent that all the conditions precedent set out in (S)5 are satisfied, the Facilities may be drawn on and subject to the following terms and conditions by the delivery to the Paying Agent, with a copy to the Agent, of a written Drawdown Notice to be received by the Paying Agent, in the case of the first Drawdown Notice at least ten (10) Banking Days before the drawdown date and, in the case of any other Drawdown Notice five (5) Banking Days before the drawdown date, set out in such notice: 4.1.1 Facility A ---------- Prior to Completion, advances shall be made up to the cumulative limit in each Project Phase set out in the Drawdown Schedule in accordance with the Project Schedule. Such limit and any advances drawn after Completion shall not, however, without the prior written consent of the Guarantors, be greater than the maximum guaranty amount for any calendar year prescribed by the Guarantors pursuant to Schedule 63. Advances shall be in minimum amounts of DM 15,000,000 and in integral multiples of DM 5,000,000 or in an equal amount to the undrawn portion of Facility A. No more than one advance may be made in any calendar month. Drawdowns in any Project Phase are permitted only in the amount of Project Costs which have been incurred during the same Project Phase, as the same are documented by invoices and other supporting evidence to be furnished together with the Drawdown Notice, as required below. Drawdowns in a current Project Phase are however permitted in respect of Project Costs which are shown to have been incurred in respect of an invoice for goods or services performed or delivered, submitted in the last thirty days prior to the end of a prior Project Phase and which have been included in full in the first Drawdown Notice of such current Project Phase. The preceding two sentences shall not apply to drawdowns requested following Completion. Drawdown Notices, and the confirmation contained therein from AMD Saxonia in the form set out in Schedule 3, shall be furnished to the Agent and ---------- the Paying Agent at the same time. The following documents shall be furnished to the Agent together with relevant Drawdown Notice: (i) written confirmation of the Managing Directors (Geschaftsfuhrung) of AMD Saxonia and an authorised representative of AMD Inc. that the conditions precedent referred to in (S)(S) 5.2.2 to 5.2.4 with respect to it have been satisfied at the time of the Drawdown Notice; (ii) in respect of drawdowns requested prior ...
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Utilisation of the Facilities. In the event that the Facilities or part of it shall for whatever reason be unutilised after three (3) months from the date of the relevant Letter of Offer or after such other period as the Lender may stipulate at its absolute discretion, the Lender shall be at liberty at its absolute discretion to withdraw the Facilities in which event the Borrower(s) shall reimburse all costs, fees and expenses including legal fees incurred by the Lender or to vary the terms of the Facilities.
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Utilisation of the Facilities. 6.1. Subject to clause 5.2 (Conditions to further Utilisation of Facility) above, the Borrower may utilise the Facilities during the Availability Period by delivering to the Facility Agent a duly completed Utilisation Request not later than 11am not less than 5 (five) Business Days prior to the proposed Utilisation Date. 6.2. Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: 6.2.1. the proposed Utilisation Date is a Business Day within the Availability Period; 6.2.2. the currency of the proposed Loan is ZAR; 6.2.3. the amount of the proposed Loan is a minimum amount of ZAR50 000 000 (fifty million Rand) (or, if less, the Available Facility); 6.2.4. in respect of any utilisation of Facility B, it specifies an Interest Period of three or six Months applicable to the proposed Loan; 6.2.5. it specifies a bank account in South Africa to which the Borrower wishes the proceeds of the Loan to be credited; and
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Utilisation of the Facilities. Drawdown Conditions for Advances An Advance will be made by the Banks to a Borrower in accordance with the provisions hereof if: no later than 10.00 a.m. (London time) and not more than ten nor less than three Business Days before the proposed date for the making of such Advance, the Agent has received a completed Notice of Drawdown from such Borrower; the proposed date for the making of such Advance is (a) in the case of a Tranche A Advance, a Business Day falling one month or more before the Tranche A Termination Date or, (b) in the case of a Tranche B Advance, a Business Day falling one month or more before the Tranche B Termination Date; no more than one Tranche A Advance and one Tranche B Advance shall be made on the proposed date for the making of such Advance and after the making of such Advance there will be no more than 20 Advances outstanding; in the case of a Tranche A Advance, the proposed Original EURO Amount of such Advance is (a) (if less than the Available Tranche A Facility) an amount equal to or greater than euro 25,000,000 and an integral multiple of euro 5,000,000 or (b) equal to the amount of the Available Tranche A Facility; in the case of a Tranche B Advance, the proposed Original EURO Amount of such Advance is (a) (if less than the Available Tranche B Facility) an amount equal to or greater than euro 25,000,000 and an integral multiple of euro 5,000,000 or (b) equal to the amount of the Available Tranche B Facility; and the proposed Interest Period of the Advance requested is a period of one, two, three or six months or such other period as the Agent may, with the consent of all of the Banks to participate in such Advance, agree (a) in the case of a Tranche A Advance ending on or before the Tranche A Termination Date and (b) in the case of a Tranche B Advance, ending on or before the Tranche B Termination Date. Conditions for Drawing an Advance in an Optional Currency If a Borrower requests that an Advance be denominated in an Optional Currency but: no later than one hour after the time at which the rate is to be determined on the Quotation Date for such Advance, the Agent notifies the relevant Borrower and the Banks that the Agent is of the opinion that it is not feasible for such Advance to be denominated in such Optional Currency; or to give effect to such request would cause the Loan to be denominated in more than four Optional Currencies, the Agent shall notify the relevant Borrower and the Banks and such Advance shall be denom...
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Utilisation of the Facilities 
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Related to Utilisation of the Facilities

  • Utilisation 4.1 Conditions to Utilisation Save as otherwise provided in this Agreement, an Advance will be made by the Lenders to a Borrower or a Documentary Credit will be issued by an L/C Bank at a Borrower’s (other than the US Borrower’s) request if: (a) in the case of an Advance, the Facility Agent has received from such Borrower a duly completed Utilisation Request in the relevant form, and in the case of a Documentary Credit, both the Facility Agent and the L/C Bank have received from a Borrower (other than the US Borrower) a duly completed Utilisation Request in the relevant form, in each case, no earlier than the day which is 10 Business Days and no later than 2:00 p.m. on the day which is 3 Business Days (or in the case of any Documentary Credit which is not or will not be in the form of Schedule 12 (Form of Documentary Credit), no later than 2:00 p.m. on the day which is 5 Business Days) prior to the proposed Utilisation Date for such Advance or Documentary Credit, receipt of which shall oblige such Borrower to utilise the amount requested on the Utilisation Date stated therein upon the terms and subject to the conditions contained in this Agreement; (b) the proposed Utilisation Date is a Business Day for the proposed currency of the Advance or Documentary Credit, as the case may be, which is or precedes the relevant Termination Date; (c) in the case of a Utilisation by way of Term Facility Advance, such Utilisation would result in the maximum principal amount of the Term Facility Advance being utilised, or in the case of a Utilisation by way of a Revolving Facility Advance, such Utilisation occurs on or after the maximum principal amount of the Term Facility being utilised and, the proposed Sterling Amount of such Revolving Facility Advance is (i) equal to the amount of the Available Revolving Facility Commitment at such time, or (ii) less than such amount but equal to a minimum of £5 million, or an integral multiple of £1 million; (d) in the case of a Utilisation by way of Documentary Credit, the proposed Sterling Amount of such Documentary Credit is (i) equal to the amount of the Available Revolving Facility or (ii) less than such amount but equal to or more than £1 million or such lesser amount as the L/C Bank may agree; (e) in the case of a Utilisation by way of a Revolving Facility Advance, immediately after the making of such Advance there will be no more than 10 Revolving Facility Advances then outstanding; (f) in the case of a Utilisation by way of a Documentary Credit, the proposed Term of the Documentary Credit ends on or before the Termination Date in respect of the Revolving Facility; (g) in the case of a Utilisation by way of a Revolving Facility Advance, the proposed Term of such Advance is a period of 1, 2, 3 or 6 months or such other period of up to 12 months as all the Lenders having a Revolving Facility Commitment may agree prior to submission of the relevant Utilisation Request, and ends on or before the Final Maturity Date in respect of the Revolving Facility provided that, save as the Bookrunners may otherwise agree, prior to the Syndication Date, the Term of each Revolving Facility Advance shall be 1 month (or, if less, such duration as is necessary to ensure that such Term ends on the Syndication Date); (h) in the case of a Utilisation by way of an Advance (other than a Rollover Advance), the interest rate applicable to such Advance’s first Interest Period or Term (as the case may be) will not have to be determined under Clause 15 (Market Disruption and Alternative Interest Rates); (i) in the case of a Utilisation by way of a Documentary Credit which is not substantially in the form set out in Schedule 12 (Form of Documentary Credit), the L/C Bank shall have approved the terms of such Documentary Credit (acting reasonably); and (j) in the case of any Utilisation, on the date of the Utilisation Request, the date of any Conversion Notice and the proposed Utilisation Date: (i) in the case of a Rollover Advance or a Documentary Credit which is being renewed pursuant to Clause 5.2 (Renewal of Documentary Credits), the Facility Agent shall not have received instructions from a Revolving Facility Instructing Group requiring the Facility Agent to refuse such rollover or renewal of a Documentary Credit by reason of an Event of Default having occurred which is continuing or would result from the proposed Rollover Advance or the renewal of that Documentary Credit; or (ii) in the case of any Utilisation other than that referred to in sub-paragraph (i): (A) in the case of the first Utilisation of any Facility, subject to the provisions of Clause 3.5 (Vanilla Certain Funds Period), all representations set out in Clause 21 (Representations and Warranties) made by each of the persons identified as making those representations are true in all material respects by reference to the circumstances then existing and no Default is continuing or would result from the proposed Utilisation; (B) in the case of any Utilisation under the A1 Facility and B1 Facility, subject to the provisions of Clause 3.6 (Baseball Certain Funds Period), the Repeating Representations made by the persons identified as making those representations are true in all material respects by reference to the circumstances then existing and no Default is continuing or would result from the proposed Utilisation; (C) in the case of any Utilisation under the B2 Facility, B3 Facility, B4 Facility, B5 Facility and B6 Facility, the Repeating Representations made by the persons identified as making those representations are true in all material respects by reference to the circumstances then existing and no Default is continuing or would result from the proposed Utilisation; or (D) in the case of any Utilisation under the C Facility, the Repeating Representations made by the persons identified as making those representations are true in all material respects by reference to the circumstances then existing and no Default is continuing or would result from the proposed Utilisation.

  • Completion of a Utilisation Request (a) Each Utilisation Request is irrevocable and will not be regarded as having been duly completed unless: (i) the proposed Utilisation Date is a Business Day within the Availability Period; (ii) the currency and amount of the Utilisation comply with Clause 5.3 (Currency and amount); and (iii) the proposed Interest Period complies with Clause 10 (Interest Periods). (b) Only one Loan may be requested in each Utilisation Request.

  • Conditions of Utilisation 4.1 Initial conditions precedent

  • The Facility Subject to the terms of this Agreement, the Lenders make available to the Borrower a term loan facility in an aggregate amount equal to the Total Commitments.

  • The Facilities Subject to the terms of this Agreement, the Lenders make available to the Borrower: (a) a sterling term loan facility in an aggregate amount equal to the Total Facility A Commitments; (b) a sterling term loan facility in an aggregate amount equal to the Total Facility B Commitments; and (c) a sterling term loan facility in an aggregate amount equal to the Total Facility C Commitments.