Conditions of Borrowings. During the Revolving Credit Period, Borrowings, other than Borrowings made at the request of Agent Bank for the purpose of funding repayment of Swingline Outstandings and/or L/C Reimbursement Obligations as hereinafter provided, will only be made so long as Borrower is in full compliance with each of the requirements and conditions precedent set forth in Article III B of this Credit Agreement. Provided, however, upon the consent of Requisite Lenders, Lenders shall advance Borrowings notwithstanding the existence of less than full compliance with the requirements of Article III B and Borrowings so made shall be deemed to have been made pursuant to this Credit Agreement.
Conditions of Borrowings. The obligation of each Lender to make any Loans hereunder, is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date:
Conditions of Borrowings. Borrowings will only be made so long as Borrowers are in full compliance with each of the requirements and conditions precedent set forth in Article III B of this Credit Agreement. Provided, however, Lender may advance Borrowings notwithstanding the existence of less than full compliance with the requirements of Article III B and Borrowings so made shall be deemed to have been made under the Credit Facility.
Conditions of Borrowings. 62 SECTION 3.01 Conditions Precedent to Initial Borrowing..............62 SECTION 3.02 Conditions Precedent to All Borrowings.................62
Conditions of Borrowings. During the Revolving Credit Period, Borrowings, other than Borrowings made at the request of Agent Bank for the purpose of funding repayment of Swingline Outstandings as hereinafter provided, will only be made so long as Borrowers are in full compliance with each of the requirements and conditions precedent set forth in Article III B of this Credit Agreement. Provided, however, upon the consent of Requisite Lenders, Lenders shall advance Borrowings notwithstanding the existence of less than full compliance with the requirements of Article III B and Borrowings so made shall be deemed to have been made pursuant to this Credit Agreement.
Conditions of Borrowings. During the Revolving Credit Period, Borrowings will only be made so long as Borrowers are in full compliance with each of the requirements and conditions precedent set forth in Article III B of this Credit Agreement. Provided, however, upon the consent of the Requisite Lenders, Lenders shall advance Borrowings notwithstanding the existence of less than full compliance with the requirements of Article III B and Borrowings so made shall be deemed to have been made pursuant to this Credit Agreement.
Conditions of Borrowings. ...............................................................15
Conditions of Borrowings. 16 5.01. Conditions Precedent to Initial Borrowing................................................... 16 5.02. Conditions Precedent to All Borrowings...................................................... 18 5.03. Delivery of Schedule of Financed Student Loans.............................................. 19 ARTICLE VI
Conditions of Borrowings. 30 Section 2.05. The Revolving Credit Note and Interest Rate Options 30 Section 2.06. Security for the Credit Facility 33 Section 2.07. Place and Manner of Payment 33 Section 2.08. The Swingline Facility 35 Section 2.09. Issuance of Letters of Credit 36 Section 2.10. Fees 38 Section 2.11. Late Charges and Default Rate 39 Section 2.12. Net Payments 39 Section 2.13. Increased Costs 40 Section 2.14. Mitigation; Exculpation. 40 Section 2.15. Guaranty Agreement 41 ARTICLE III - CONDITIONS PRECEDENT TO THE CLOSING DATE 41 A. Closing Conditions 41 Section 3.01. Credit Agreement 41 Section 3.02. The Notes and Guaranty 41 Section 3.03. Security Documentation 41 Section 3.04. Other Loan Documents 42 Section 3.05. Articles of Incorporation, Bylaws, Corporate Resolutions, Certificates of Good Standing and Closing Certificate 42 Section 3.06. Opinion of Counsel 42 Section 3.07. Title Policy 42 Section 3.08. Survey 42 Section 3.09. Payment of Taxes 43 Section 3.10. Insurance 43 Section 3.11. Payment of Fees and Existing Bank Loan 43 Section 3.12. Reimbursement for Expenses and Fees 43 Section 3.13. Schedules of Spaceleases and Equipment Leases and Contracts 43 Section 3.14. Phase I Environmental Site Assessments 43 Section 3.15. Evidence of Right to Occupancy of Hotel/Casino Facility 43 Section 3.16. Gaming Permits 44 Section 3.17. Financial Statements, Pricing Certificate and Leverage Ratio Certification 44 Section 3.18. Schedule of all Significant Litigation 44 Section 3.19. No Injunction or Other Litigation 44 Section 3.20.Additional Documents and Statements 44 B. Conditions Precedent to all Borrowings 44 Section 3.21. Notice of Borrowing 45 Section 3.22. Certain Statements 45 Section 3.23. Gaming Permits 45 C. Additional Conditions Precedent to Commitment Increase 45 Section 3.24. Guaranty Affirmation 45 Section 3.25. Amendments to Security Documents 45 Section 3.26. Revolving Credit Note 46 Section 3.27. Opinion of Counsel - Commitment Increase 46 Section 3.28. Endorsement of Title Insurance Policy 46 Section 3.29. Reimbursement for Expenses and Fees 46 Section 3.30. Pro Forma Financial Compliance 46 Section 3.31. Additional Documents and Statements 46 ARTICLE IV - REPRESENTATIONS AND WARRANTIES 46 Section 4.01. Organization; Power and Authorization 46 Section 4.02. No Conflict With, Violation of or Default Under Laws or Other Agreements 47 Section 4.03. Litigation 47 Section 4.04. Agreements Legal, Binding, Valid and Enforceable 47 Section 4.05. Information and Fi...
Conditions of Borrowings. During the Revolving Credit Period, Borrowings will only be made so long as Borrowers are in full compliance with each of the requirements and conditions precedent set forth in Article III B of the Existing Credit Agreement and with respect to the initial disbursement of the Commitment Increase, so long as Borrowers have complied with each of the requirements and conditions precedent set forth in Article III D as set forth in the Second Amendment. Provided, however, upon the consent of the Requisite Lenders, Lenders shall advance Borrowings notwithstanding the existence of less than full compliance with the requirements of Articles III B or III D and Borrowings so made shall be deemed to have been made pursuant to this Credit Agreement.
