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Utilisation meaning

What does Utilisation mean?
In finance practice, utilisation describes the borrower taking funds or activating a non‑cash facility under a facility agreement—for example, drawing a term loan or revolving credit facility, or arranging the issue of a letter of credit or bank guarantee. It is a contractual concept (commonly defined in LMA‑style facility agreements) rather than a term found in legislation or case law. Key features typically include: a utilisation request specifying the amount, currency, purpose and (for loans) the interest period; satisfaction of conditions precedent; no continuing default or drawstop; and compliance with notice and business day requirements. The utilisation date is when funds are advanced or the instrument is issued, from which interest and relevant fees accrue. A utilisation reduces available commitments by the utilised amount; under a revolving credit facility, amounts may usually be repaid and redrawn within the availability period. For non‑loan facilities, utilisation occurs through the issuance or extension of instruments (for example, a standby letter of credit), with the exposure counting towards the facility limit. Use and terminology are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. “drawdown” is often used interchangeably with utilisation for cash loans; “issue” or “utilise” is used for ancillary and documentary facilities.
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NEWS
Weekly energy law update: security package, market codes, renewables, LDES, hydrogen/CCUS, nuclear reforms, planning rights and climate levy—key consultations, statutory instruments and practitioner deadlines

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials DESNZ announces accelerated measures to boost UK energy security DESNZ has unveiled a suite of actions to reinforce and speed up the UK’s energy security in light of events in the Middle East. For the first time, ‘plug-in solar’ will be permitted in the UK. The department plans to advance the next annual renewables auction to July 2026 and has confirmed that the government will adopt the Fingleton Review’s recommendations to hasten delivery of nuclear power stations. It has also moved to safeguard consumers, working...

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NEWS
Year-end banking and finance regulatory highlights: ESG, benchmarks, listing regime, FCA portfolio letters, derivatives, MiCAR cryptoassets, AI, securitisation and moveable transactions—19 December 2024

In this issue: Sustainable finance and ESG weekly round-up Moveable Transactions (Scotland) Act 2023 Football Governance Bill LIBOR and benchmarks Sustainable finance Debt capital markets Derivatives Regulation for derivatives lawyers Technology in banking & finance transactions Structured products and securitisation Regulation for banking lawyers Banking & Finance Highlights 2024/2025 Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG weekly round-up For this week’s coverage of Sustainable finance and ESG developments, please see: Sustainable finance and ESG weekly round–up—19 December 2024. Moveable Transactions (Scotland) Act 2023 Moveable Transactions (Scotland) Act 2023 (Commencement) Regulations 2024 SSI 2024/378: From 1 April 2025, the outstanding provisions of the Moveable Transactions (Scotland) Act 2023 (the Act) will come into effect. See: LNB News 17/12/2024 9. Moveable Transactions (Forms) (Scotland) Regulations 2024 SSI 2024/379: These prescribe the forms to be used for the purposes set out...

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NEWS
Environmental law and policy roundup: climate, energy, buildings, nuclear, case law, information rights, ESG, chemicals, marine, biodiversity, waste and water—weekly updates, 12 June 2025

In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental information ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content United Kingdom Environmental Law Association (UKELA) Annual Conference Air emissions and climate change DESNZ releases evaluations of CCUS and Industrial Fuel Switching and Hydrogen Supply innovation programmes The Department for Energy Security and Net Zero (DESNZ) has issued two independent evaluations of its Energy Innovation Programme (EIP). The first evaluation reviews the Carbon Capture and Utilisation Demonstration (CCUD) innovation programme, the Carbon Capture, Usage and Storage (CCUS) Innovation programme, and the Accelerating CCS Technologies (ACT) programme, spanning 2016–21. The second evaluation examines the £21m Industrial Fuel Switching and £33m Hydrogen Supply programmes. Both evaluations consider...

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View the related Practice Notes about Utilisation

PRACTICE NOTES
UK corporation tax on foreign profits for UK-resident companies: treaty and unilateral credits, limits and unrelieved foreign tax, deduction option, permanent establishment attribution, foreign branch exemption, and loss utilisation

Many UK-resident companies are expected to operate solely within the UK, with their entire customer base and supplier network located here, so that all profits and gains arise from UK activity undertaken domestically within national borders. Nevertheless, this is not universal; for a sizeable proportion of UK companies, overall profits also comprise non-UK amounts earned from activities outside the UK...

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PRACTICE NOTES
UK CCUS Regulatory Framework: Storage Licences and Permits, Ofgem Transport and Storage Economic Licences, Environmental Permitting and Post-closure Duties

For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers an in-depth exploration of matters addressed in this Practice Note. What is carbon capture, usage and storage (CCUS)? The term CCUS is sometimes described as ‘carbon capture and storage’ (CCS); broadly, CCS represents a narrower subset within the same sector. CCS describes a range of processes that capture and store CO 2 emissions from industrial activities...

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PRACTICE NOTES
LMA REF multi-property investment facility agreement: commentary on structure, conditions precedent, repayment and prepayment, hedging, valuations, bank accounts, property undertakings, financial covenants, cure rider and events of default

Real estate finance (REF) transactions REF deals fall into two categories: investment finance and development finance. The difference depends on whether the property is bought as an investment that already produces income, or acquired with the intention that it will be developed. Investment finance transactions are encountered more frequently than development finance transactions. For a general introduction to investment facilities in real estate finance, see the following Practice Notes: Introduction to real estate finance—the lending structure Real estate finance—investment facilities—key features The Loan Market Association (LMA) has issued a recommended form of facility agreement for real estate finance investment transactions, accompanied by a user guide. Both are available to LMA members—see the Single Currency Term Facility Agreement for Real Estate Finance Multi-property Investment Transactions (LMA REF Investment Facility Agreement) and the related user guide on the LMA website. Real estate finance transactions can differ markedly, and the LMA acknowledges in its user guide that producing a genuine ‘standard form’ document for...

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PRECEDENTS
Subordination Deed (England and Wales): Single Company Borrower; Unsecured Senior and Junior Lenders; Payment Blockage, Turnover Trust and Enforcement Standstill

This Deed is entered into on [ insert day and month ] 20[ insert year ] Parties [ insert name of party ] of [ insert address ] (the Senior Lender); [ insert name of party ] of [ insert address ] (the Junior Lender ); [ insert name of party ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert registered office ] (the Borrower ). Recitals: The Senior Lender has agreed to make available to the Borrower a loan facility in accordance with the terms of the Senior Facility Agreement (as defined below). It is a condition precedent to the utilisation of the Senior Facility (as defined below) that the Junior Lender and the Borrower enter into this Deed with the Senior Lender. [ [ insert further details if required ] ] The parties agree: 1...

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PRECEDENTS
Precedent: Borrower drawdown (utilisation) notice for bilateral loan facility, including payment instructions and confirmations of no default and truth of representations and warranties

[ Printed on borrower letterheaded paper ] [ insert date ] To: [ insert name of lender ] (the Lender) From: [ insert name of borrower ] (the Borrower) Facility agreement between the Borrower and the Lender dated [ insert date ] (the Facility Agreement) Terms and references in the Facility Agreement have the same meaning. We request [ the OR a ] Loan under the Facility Agreement as follows: Amount of Loan: £[ insert amount ] Drawdown Date: [ insert date ] Purpose of Loan: [ insert purpose of loan ] Pay the Loan into: Bank: [ insert name of bank ] Account name: [ insert name of account ] Account number: [ insert account number ] Sort code: [ insert sort code ] We confirm that on the notice date and the Drawdown Date: no Event of Default or Potential Event of...

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PRECEDENTS
Precedent clause for commercial leases: requiring reasonable landlord consent to tenant environmental improvements and change of use, including common parts (Rosie’s Clause, The Chancery Lane Project)

Precedent green clauses These model sustainability clauses are specifically intended for inclusion in a commercial property lease and set terms that support modifications/upgrades which lessen buildings’ climate/environmental impacts and foster more effective utilisation of communal space...

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