THE PROPOSED UTILISATION DATE IS A BUSINESS DAY WITHIN
THE AVAILABILITY PERIOD APPLICABLE TO THAT FACILITY;
(III)
THE CURRENCY AND AMOUNT OF THE UTILISATION COMPLY WITH
CLAUSE 5.3 (CURRENCY AND AMOUNT); AND
(IV)
THE PROPOSED INTEREST PERIOD COMPLIES WITH CLAUSE 13
(INTEREST PERIODS).
(B)
ONLY ONE UTILISATION MAY BE REQUESTED IN
EACH UTILISATION REQUEST.
5.3
CURRENCY AND AMOUNT
(A)
THE CURRENCY SPECIFIED IN A UTILISATION
REQUEST MUST BE:
(I)
IN RELATION TO THE TERM FACILITY THE BASE CURRENCY;
AND
(II)
IN RELATION TO THE REVOLVING FACILITY THE BASE CURRENCY
OR AN OPTIONAL CURRENCY.
(B)
THE AMOUNT OF THE PROPOSED UTILISATION
MUST BE AN AMOUNT WHOSE BASE CURRENCY AMOUNT IS NOT MORE THAN THE AVAILABLE
FACILITY AND WHICH IS:
(I)
IF THE CURRENCY SELECTED IS THE BASE CURRENCY, A
MINIMUM AMOUNT OF £5,000,000 FOR THE TERM FACILITY OR THE REVOLVING FACILITY OR
IN ANY CASE, IF LESS, THE AVAILABLE FACILITY;
(II)
IF THE CURRENCY SELECTED IS EURO, A MINIMUM OF EURO
7,500,000 FOR THE REVOLVING FACILITY OR IN ANY CASE, IF LESS, THE AVAILABLE
FACILITY; OR
(III)
IF THE CURRENCY SELECTED IS AN OPTIONAL CURRENCY, THE
MINIMUM AMOUNT SPECIFIED BY THE FACILITY AGENT FOR THE REVOLVING FACILITY
PURSUANT TO PARAGRAPH (B)(II) OF CLAUSE 4.3 (CONDITIONS RELATING TO OPTIONAL
CURRENCIES) OR, IF LESS, THE AVAILABLE FACILITY.
25
5.4
LENDERS' PARTICIPATION
(A)
IF THE CONDITIONS SET OUT IN THIS
AGREEMENT HAVE BEEN MET, EACH LENDER SHALL MAKE ITS PARTICIPATION IN EACH LOAN
AVAILABLE BY THE UTILISATION DATE THROUGH ITS FACILITY OFFICE.
(B)
THE AMOUNT OF EACH LENDER'S
PARTICIPATION IN EACH LOAN WILL BE EQUAL TO THE PROPORTION BORNE BY ITS
AVAILABLE COMMITMENT TO THE AVAILABLE FACILITY IMMEDIATELY PRIOR TO MAKING THE
LOAN.
(C)
THE FACILITY AGENT SHALL DETERMINE THE
BASE CURRENCY AMOUNT OF EACH LOAN WHICH IS TO BE MADE IN AN OPTIONAL CURRENCY
AND NOTIFY EACH LENDER OF THE AMOUNT, CURRENCY AND THE BASE CURRENCY AMOUNT OF
EACH LOAN AND THE AMOUNT OF ITS PARTICIPATION IN THAT LOAN BY THE SPECIFIED
TIME.
5.5
LIMITATIONS ON UTILISATIONS
The maximum aggregate amount of the actual and contingent liabilities of the
Issuing Bank under all Letters of Credit shall not exceed £20,000,000 (or its
equivalent in any other currency).
6.
UTILISATION - LETTERS OF CREDIT
6.1
THE REVOLVING FACILITY
(A)
THE REVOLVING FACILITY MAY BE UTILISED
BY WAY OF LETTERS OF CREDIT.
(B)
OTHER THAN CLAUSE 5.5 (LIMITATIONS ON
UTILISATIONS), CLAUSE 5 (UTILISATION OF LOANS) DOES NOT APPLY TO UTILISATION BY
WAY OF LETTERS OF CREDIT.
6.2
DELIVERY OF A UTILISATION REQUEST FOR LETTERS OF
CREDIT
A Borrower (or the Parent on its behalf) may request a Letter of Credit to be
issued
by delivery to the Facility Agent of a duly completed Utilisation
Request not later than the Specified Time.
6.3
COMPLETION OF A UTILISATION REQUEST FOR LETTERS OF
CREDIT
Each Utilisation Request for a Letter of Credit is irrevocable and will not be
regarded as having been duly completed unless:
(A)
IT SPECIFIES THAT IT IS FOR A LETTER OF
CREDIT;
(B)