A Borrower (or the Parent on its behalf) may utilise a Facility by delivery to the Agent of a duly completed Utilisation Request not later than 10.00 a.m. one Business Day prior to the proposed Utilisation Date.
Multiple Utilisations may be requested in a Utilisation Request where the proposed Utilisation Date is the date of this Agreement. Only one Utilisation may be requested in each subsequent Utilisation Request.
The Lenders will only be obliged to comply with Clause 6.4 (Lenders' participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
"Utilisation Request" means a notice substantially in the form set out in (Requests).
Each Utilisation Request for a Loan is irrevocable and will not be regarded as having been duly completed unless:
A Borrower (or the Parent) may not deliver a Utilisation Request if as a result of the proposed Utilisation seven or more Term Loans would be outstanding, four or more Facility C Loans would be outstanding or seven or more Facility D Loans would be outstanding.
funding, or making arrangements to fund, its participation in a Utilisation requested by a Borrower in a Utilisation Request but not made by reason of the operation of any one or more of the provisions of this Agreement (other than by reason of default or negligence by that Finance Party alone);
Request Notice. If at any time during the Lease Term Tenant desires to assign this Lease or sublet all or any part of the Premises, in each case other than to an Affiliate or Permitted Transferee, then in connection with Tenants request to Landlord for Landlords consent thereto, Tenant shall give notice to Landlord at least thirty (30) days prior to the date on which Tenant desires such assignment or sublease to become effective (Tenants Request Notice) containing: the identity of the proposed assignee, subtenant or other party and a general description of its business and the proposed use of the Premises; the basic business and economic terms of the proposed assignment, subletting or other transaction; the commencement date of the proposed assignment or subletting (the Proposed Sublease or Assignment Commencement Date); a description of the premises proposed to be sublet (the Proposed Sublet Space); the most recent financial statement or other evidence of financial responsibility of such proposed assignee, or subtenant (subject to Landlords execution and delivery of a commercially reasonable non-disclosure agreement); and a certification executed by Tenant stating whether or not any premium or other consideration is being paid for the assignment, sublease or other transaction. No later than twenty-one (21) days after Landlords receipt of the Tenants Request Notice meeting the requirements set forth above, Landlord shall, in accordance with the terms of this Lease, provide Tenant written notice of its approval or disapproval of the proposed transaction.
Loan Request. As set forth in that certain Loan Request Additional Term Loan dated December 4, 2015, executed and delivered by Borrowers to Lenders and attached hereto as Annex A, Borrowers have requested that Lenders make the First Amendment Date Additional Term Loan on the First Amendment Date.
Borrower Request. Borrower may by written notice to the Administrative Agent elect to request the establishment of one or more new Term Commitments (each, an Incremental Term Loan Commitment) or, prior to the Revolving Facility Commitment Termination Date, one or more increases in the Revolving Commitments (any such increase, an Incremental Revolving Commitment and, together with the Incremental Term Loan Commitments, the Incremental Loan Commitments) so long as before and after giving effect to any such Incremental Loan Commitments on a Pro Forma Basis, the Secured Leverage Ratio does not exceed 1.25 to 1.00 (calculated # as if any Incremental Revolving Commitments were fully drawn on the effective date thereof and # excluding (for purposes of cash netting) any cash constituting proceeds of any Incremental Loan Commitments or concurrent Incremental Equivalent Indebtedness) and the aggregate principal amount of such Class of Incremental Loan Commitments is not less than $25,000,000 individually, and in incremental multiples of $1,000,000 in excess thereof, or otherwise equal to the remaining available balance of the applicable Commitments; provided that at the option of the Borrower in connection with any Incremental Term Loans the proceeds of which are used to finance permitted acquisitions or other permitted investments (including the repayment of any Indebtedness of an acquired person or secured by any acquired assets), compliance with the foregoing Secured Leverage Ratio test may be determined on the last day of the fiscal quarter ended immediately preceding the date on which a binding contract for such acquisition or investment is entered into. Each such notice shall specify # the date (each, an Increase Effective Date) on which the Borrower proposes that the increased or new Commitments shall be effective, which shall be a date not less than 10 Business Days after the date on which such notice is delivered to the Administrative Agent and # the identity of each person (which much be a person to whom Loans are permitted to be assigned pursuant to Section 9.04(b)) to whom the Borrower proposes any portion of such increased or new Commitments be allocated and the amounts of such allocations; provided that any existing Lender approached to provide all or a portion of the increased or new Commitments may elect or decline, in its sole discretion, to provide such increased or new Commitment.
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