Availability Date. The obligation of each Lender to make Loans hereunder (which obligation, for the avoidance of doubt, shall be subject to the additional conditions set forth in Section 4.04) shall not become effective until the first date (the “Availability Date”) on which each of the following conditions have been satisfied (or waived in accordance with Section 9.02): (a) The Commitment Effectiveness Date shall have occurred. (b) The Outside Date shall not have occurred. (c) The representations and warranties of the Borrower and each Loan Party set forth in this Agreement shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representation or warranty to the extent that it is already qualified or modified by materiality in the text thereof) on and as of such date (except to the extent any such representation or warranty expressly relates to an earlier date, in which case, such representation or warranty shall be true and correct in all materials respects (or all respects, as applicable) as of such earlier date). (d) No Default or Event of Default hereunder shall have occurred and be continuing. (e) The Hercules Debt Repayment shall have been, or, substantially concurrently with the occurrence of the Availability Date, shall be, consummated. (f) The Administrative Agent shall have received from a Responsible Officer of the Borrower (i) notice confirming that the Availability Date has occurred and (ii) a certificate certifying that each of the conditions specified in clauses (c), (d) and (e) of this Section 4.03 has been satisfied.
Appears in 3 contracts
Sources: Credit Agreement (Voyager Technologies, Inc./Tx), Credit Agreement (Voyager Technologies, Inc./Tx), Credit Agreement (Voyager Technologies, Inc./De)