(IV)
THE PROPOSED INTEREST PERIOD COMPLIES WITH CLAUSE 13 (INTEREST PERIODS
AND TERMS).
(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 THE BASE
CURRENCY OR, IN CASE OF THE REVOLVING FACILITY, THE BASE CURRENCY OR AN OPTIONAL
CURRENCY.
(B)
THE AMOUNT OF THE PROPOSED UTILISATION MUST BE:
(I)
FOR FACILITY A1, AN AMOUNT EQUAL TO USD 150,000,000 OR, IF LESS, THE
AVAILABLE FACILITY; OR
(II)
FOR FACILITY A2, AN AMOUNT EQUAL TO EURO 275,000,000 OR, IF LESS, THE
AVAILABLE FACILITY; OR
(III)
FOR THE REVOLVING FACILITY, A MINIMUM AMOUNT OF USD 1,000,000 (AND
THEREAFTER INTEGRAL MULTIPLES OF USD 500,000) (OR IF AN OPTIONAL CURRENCY
(SUBJECT TO PARAGRAPH (B) OF CLAUSE 4.4 (CONDITIONS RELATING TO OPTIONAL
CURRENCIES)) ITS EQUIVALENT) OR, IF LESS, THE AVAILABLE FACILITY.
(C)
FOR THE AVOIDANCE OF DOUBT, NONE OF THE REQUIREMENTS IN
PARAGRAPH (B) ABOVE SHALL APPLY TO ANY ANCILLARY FACILITY.
5.4
LENDERS' PARTICIPATION
(A)
IF THE CONDITIONS SET OUT IN THIS AGREEMENT FOR THE RELEVANT
FACILITY HAVE BEEN MET, EACH LENDER SHALL MAKE ITS PARTICIPATION IN EACH LOAN
AVAILABLE BY THE UTILISATION DATE THROUGH ITS FACILITY OFFICE.
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(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 REVOLVING LOAN WHICH IS TO BE MADE IN AN OPTIONAL CURRENCY AND SHALL NOTIFY
EACH LENDER OF THE AMOUNT OF EACH LOAN AND THE AMOUNT OF ITS PARTICIPATION IN
THAT LOAN BY THE SPECIFIED TIME.
5.5
LIMITATION ON UTILISATIONS
The Revolving Facility shall not be utilised on the Closing Date unless Facility
A1 and Facility A2 are drawn in full at the same time.
6.
UTILISATION BY WAY OF BANK GUARANTEES
6.1
THE REVOLVING FACILITY
(A)
THE REVOLVING FACILITY MAY BE UTILISED BY WAY OF BANK GUARANTEES.
(B)
OTHER THAN CLAUSE 5.5 (LIMITATIONS ON UTILISATIONS), CLAUSE 5
(UTILISATION OF LOANS) DOES NOT APPLY TO UTILISATION BY WAY OF BANK GUARANTEES.
6.2
DELIVERY OF A UTILISATION REQUEST FOR BANK GUARANTEES
A Borrower may request a Bank Guarantee or the renewal of an existing Bank
Guarantee by delivery to the Facility Agent of a duly completed Utilisation
Request in the form of Part IB of Schedule 3 (Utilisation Request Bank
Guarantees) not later than the Specified Time.
6.3
COMPLETION OF A UTILISATION REQUEST FOR BANK GUARANTEES
Each Utilisation Request for a Bank Guarantee is irrevocable and will not be
regarded as having been duly completed unless:
(A)
IT SPECIFIES THAT IT IS FOR A BANK GUARANTEE;
(B)
THE PROPOSED UTILISATION DATE IS A BUSINESS DAY WITHIN THE
AVAILABILITY PERIOD APPLICABLE TO THE REVOLVING FACILITY;
(C)
THE CURRENCY AND AMOUNT OF THE BANK GUARANTEE COMPLY WITH CLAUSE
6.4 (CURRENCY AND AMOUNT);
(D)
THE FORM OF BANK GUARANTEE IS ATTACHED;
(E)
THE EXPIRY DATE OF THE BANK GUARANTEE FALLS ON OR