Additional Conditions Precedent Clause Samples

Additional Conditions Precedent. No Lender has any obligation to make any Loan (including its first), and LC Issuer has no obligation to issue any Letter of Credit (including its first), unless the following conditions precedent have been satisfied: (a) All representations and warranties made by any Restricted Person in any Loan Document shall be true on and as of the date of such Loan or the date of issuance of such Letter of Credit as if such representations and warranties had been made as of the date of such Loan or the date of issuance of such Letter of Credit except to the extent that such representation or warranty was made as of a specific date or updated, modified or supplemented as of a subsequent date with the consent of Majority Lenders. (b) No Default shall exist at the date of such Loan or the date of issuance of such Letter of Credit. (c) No Material Adverse Change shall have occurred to, and no event or circumstance shall have occurred that could cause a Material Adverse Change to, Plains MLP's or Borrower's Consolidated financial condition or businesses since the date of the Initial Financial Statements. (d) Each Restricted Person shall have performed and complied with all agreements and conditions required in the Loan Documents to be performed or complied with by it on or prior to the date of such Loan or the date of issuance of such Letter of Credit. (e) The making of such Loan or the issuance of such Letter of Credit shall not be prohibited by any Law and shall not subject any Lender or any LC Issuer to any penalty or other onerous condition under or pursuant to any such Law. (f) Administrative Agent shall have received all documents and instruments which Administrative Agent has then requested, in addition to those described in Section 4.1 (including opinions of legal counsel for Restricted Persons and Administrative Agent; corporate documents and records; documents evidencing governmental authorizations, consents, approvals, licenses and exemptions; and certificates of public officials and of officers and representatives of Borrower and other Persons), as to (i) the accuracy and validity of or compliance with all representations, warranties and covenants made by any Restricted Person in this Agreement and the other Loan Documents, (ii) the satisfaction of all conditions contained herein or therein, and (iii) all other matters pertaining hereto and thereto. All such additional documents and instruments shall be satisfactory to Administrative Agent in form, substance an...

Additional Conditions Precedent. The obligations of the Banks to make any Loan (including, without limitation, issuing Letters of Credit or creating Documentary Banker's Acceptances) shall be subject to the further conditions precedent (which shall be in addition to, and shall not be deemed to limit or modify, any of the other terms and conditions hereunder) that on the date of such Loan the following statements shall be true: (i) with respect to any Loan made to the Borrower on the date hereof, the representations and warranties contained in Article 6 hereof are true and correct on and as of the date hereof, and (ii) with respect to any Loan made after the date hereof, the representations and warranties contained in Article 6 hereof, which for purposes of this Section, shall be deemed to relate to the Borrower and to each Guarantor as if each such Person were the subject of each such representation and warranty, are true and correct in all material respects on and as of the date of such Loan as though made on and as of such date (except when such representation or warranty by its terms relates to the date hereof or another specific date); (b) no Default or Event of Default has occurred and is continuing or would result from any such Loan; and (c) no material adverse change shall have occurred in the business, properties, financial condition or operations of the Borrower or any Guarantor or in the ability of the Borrower or any Guarantor to perform any of its obligations under this Agreement or under any of the Facility Documents with respect to any Loan since the date of the then most recent (i.e., most recent to the date of the relevant Loan) financial statements of the Borrower delivered or required to be delivered to the Banks hereunder or in connection herewith.

Additional Conditions Precedent. In addition to the conditions in paragraphs (a), (b) and (c) above, each Substitution shall be subject to the satisfaction of the following conditions precedent:

Additional Conditions Precedent. The obligation of the Banks to make any Loan shall be subject to the further conditions precedent (which shall be in addition to, and shall not be deemed to limit or modify, any of the other terms and conditions hereunder) that on the date of such Loan, the Agent shall have received the following: (a) a certificate executed by the Chief Financial Officer of each of the Co-Borrowers, dated as of such date, stating that (i) the representations and warranties contained in Article 4 hereof, which for purposes of this Section, shall be deemed to relate to the Co-Borrowers and to each Subsidiary as if each such Person were the subject of each such representation and warranty, are true and correct in all material respects on and as of the date of such Loan as though made on and as of such date (except when such representation or warranty by its terms relates to the date hereof or another specific date); and (ii) no Default or Event of Default has occurred and is continuing or would result from any such Loan; (b) a certificate executed by the Chief Financial Officer of each of the Co-Borrowers, dated as of such date, in form and substance satisfactory to the Agent stating that the Aggregate Outstandings after giving effect to the proposed borrowing will not exceed the Commitment and demonstrating compliance, after giving effect to the proposed borrowing, the aggregate principal balance of loans made for the account of PDK shall not exceed PDK Sublimit and the aggregate principal balance of loans made for the account of Futurebiotics shall not exceed the Futurebiotics Sublimit; (c) copies of all invoices, bills, contracts and paid receipts in connection with any capital expenditure to be purchased, made or financed with the proceeds of any Loan; and (d) all other instruments and legal and corporate proceedings in connection with the transactions contemplated by this Agreement shall be satisfactory in form and substance to the Agent and its counsel, and the Agent shall have received copies of all documents which it may have reasonably requested in connection therewith.

Additional Conditions Precedent. (i) The Commercial Development Project, the Redevelopment Project and the Station Development Project shall be further subject to the due satisfaction of each of the Conditions Precedent set forth in the SCDA.

Additional Conditions Precedent. The obligations of the Facility Manager in respect of the SFM Project shall be subject to the due satisfaction by Authority of each of the Conditions Precedent set forth in SCSFMA.

Additional Conditions Precedent. (a) The SFM Project shall be subject to the due satisfaction by Facility Manager of each of the Conditions Precedent set forth in SCSFMA.

Additional Conditions Precedent. In addition to the conditions set forth in Article II and Section 9.2 above, the following additional conditions apply to the making of each subsequent Advance under the Loan: (a) Borrower will deliver to the Administrative Agent an Advance Request substantially in the form of Exhibit C; (b) if applicable, any necessary Governmental Authority will have consented in writing to the granting of the Liens and other rights contemplated by the Mortgages, and that written consent will be reasonably satisfactory in form and substance to the Administrative Agent; (c) Upon the Administrative Agent’s reasonable request and to the extent not previously provided, Borrower will obtain and deliver to the Administrative Agent any other documents, including Lien waivers, additional Subordination Agreements, certificates, consents and other approvals required from third parties, all in form and substance acceptable to the Administrative Agent, necessary to the preservation of the Administrative Agent’s first-priority Lien on all of the Borrower’s assets; (d) For each Well for which Borrower is the Operator, Borrower and Operator will execute and deliver to the Administrative Agent the Operating Agreements for each Well that is the subject of any pending Advance, and each of those agreements (including the C▇▇▇▇ provisions) will be in form and substance reasonably satisfactory to the Administrative Agent; (e) To the extent not previously delivered to the Administrative Agent, including in connection with any additional Properties acquired by Borrower after the Closing Date, Borrower will deliver to the Administrative Agent such documents as the Administrative Agent may reasonably request, including supplemental or additional title opinions, permits or consents required by any Governmental Authority; (f) To the extent not previously delivered to the Administrative Agent or its designee and acknowledged in writing by the Administrative Agent, Borrower will have provided evidence satisfactory to the Administrative Agent that all seismic and other geological, geophysical, engineering and well data relating to the Properties and owned by Borrower and has been or will be assigned to Borrower free of any encumbrance except for existing third party agreements; (g) To the extent not previously delivered to the Administrative Agent, Borrower will deliver to the Administrative Agent an opinion or opinions of counsel to Borrower covering any Loan Document executed and delivered to the A...

Additional Conditions Precedent. The obligations of the Lenders to make any Loans is subject to the further condition precedent that: (a) no Default or Event of Default shall exist as of the date of the making of such Loans or would exist immediately after giving effect thereto; and (b) the representations and warranties made or deemed made by the Parent, the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall be true and correct in all material respects on and as of the date of the making of such Loan with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Credit Event shall constitute a certification by the Parent and the Borrower to the effect set forth in the preceding sentence (both as of the date of the giving of notice relating to such Credit Event and, unless the Borrower otherwise notifies the Agent prior to the date of such Credit Event, as of the date of the occurrence of such Credit Event). In addition, if such Credit Event is the making of a Loan, the Parent and the Borrower shall be deemed to have represented to the Agent and the Lenders at the time such Loan is made that all conditions to the occurrence of such Credit Event contained in this Article V have been satisfied.