Common use of Conditions Precedent to Each Borrowing and Issuance Clause in Contracts

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 4 contracts

Samples: Credit Agreement (Amf Bowling Inc), Credit Agreement (Amf Group Inc), Credit Agreement (Amf Bowling Inc)

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Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance such Issuance (aas the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 4 contracts

Samples: Credit Agreement (Avago Technologies LTD), Credit Agreement (Everest Re Group LTD), Credit Agreement (Everest Re Group LTD)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including excluding, however, the initial Borrowingmaking of any Advance pursuant to Section 2.13), and the obligation right of each Issuing Bank Borrower to issue a Letter request the issuance of Letters of Credit (including the initial issuance)under either Facility, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the relevant Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the such Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 3 contracts

Samples: Credit Agreement (Terra Industries Inc), Credit Agreement (Terra Industries Inc), Credit Agreement (Terra Industries Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Base Rate Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance Issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Competitive Bid Borrowing, Notice of Revolving Credit Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance Issuance such statements are true):

Appears in 3 contracts

Samples: Credit Agreement (Kroger Co), Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation obligations of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the such Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the such Borrower that both on the date of such notice and on the date of such Borrowing or such issuance such statements are true):

Appears in 3 contracts

Samples: Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance a Revolving Loan (other than a Letter of Credit Advance Revolving Loan made by an any Issuing Bank pursuant to Section 2.03(c) or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Closing Date shall have occurred and on the date of such Borrowing or issuance (a) such Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 2 contracts

Samples: Credit Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an the Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the such Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true)::

Appears in 2 contracts

Samples: Credit Agreement (Ipc Information Systems Inc), Credit Agreement (Ipc Information Systems Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance)Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit issuance shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or such issuance such statements are true):

Appears in 2 contracts

Samples: Five Year Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance and other than a Revolving Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c2.02(b)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation right of each Issuing Bank the Borrower to issue request a Letter Swing Line Borrowing or the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Notice of Swing Line Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 2 contracts

Samples: Credit Agreement (Authentic Fitness Corp), Credit Agreement (Authentic Fitness Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including excluding, however, the initial Borrowingmaking of any Advance pursuant to Section 2.13), and the obligation right of each Issuing Bank the Borrower to issue a Letter request the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 2 contracts

Samples: Credit Agreement (Adelphia Communications Corp), Credit Agreement (Terra Industries Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank pursuant to Section 2.03(c) or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) such Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank pursuant to Section 2.03(c) or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) such Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including excluding, however, the initial Borrowingmaking of any Advance pursuant to Section 2.15), and the obligation right of each Issuing Bank the Borrower to issue request a Swing Line Borrowing or the issuance of a Letter of Credit (including the initial issuance)Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Imation Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than an L/C Advance and other than a Letter of Credit Revolving Advance made by an Issuing Bank or a Working Capital Revolving Lender pursuant to Section 2.03(c2.02(f)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation right of each Issuing Bank the Borrower to issue request a Letter Swing Line Borrowing or the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Notice of Swing Line Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Revolving Credit Agreement (Foodmaker Inc /De/)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance and other than a Swing Line Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c2.13(c) and Section 2.02(b), respectively) on the occasion of each Borrowing (including the initial Borrowing), and the obligation right of each Issuing Bank the Borrowers to issue request a Letter Swing Line Borrowing or the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Notice of Swing Line Borrowing or Notice of Issuance and the acceptance by the relevant Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the such Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (General Nutrition Companies Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an a Loan or Advance (other than a Letter of Credit an Advance made by an Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue or increase the face amount of a Letter of Credit (including the initial issuance)Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit issuance shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or such issuance such statements are true):

Appears in 1 contract

Samples: Five Year Credit Agreement (Packaging Corp of America)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an the Issuing Bank or a Working Capital Revolving Credit Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance issuance, (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue Issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance such Issuance (as the case may be) (a) the Agent shall have received a Notice of Borrowing or Notice of Issuance and (b) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such Issuance that such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Dollar Tree, Inc.)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Revolving Credit Advance made by an any Issuing Bank or a Working Capital any Revolving Credit Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Polyone Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank pursuant to Section 2.03(c) or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Amendment Effective Date shall have occurred and on the date of such Borrowing or issuance (a) such Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 1 contract

Samples: The Credit Agreement (Eastman Kodak Co)

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Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Incremental Term Advance, an Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) and other than any Conversion) on the occasion of each Borrowing (including the initial Borrowing), ) and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall each be subject to the further conditions precedent that the Closing Date shall have occurred and on the date of such Borrowing or issuance (a) such Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Tribune Co)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an the Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including on the initial BorrowingSecond Restatement Date), and the obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be were and are subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Glenoit Asset Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (aas the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance Issuance, and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or date of such issuance such statements are true):

Appears in 1 contract

Samples: Year Credit Agreement (Pinnacle West Capital Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance), ) shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing Borrowing, Notice or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Carlyle Industries Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (aas the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit issuance shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or such issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Emc Corp)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Base Rate Advance made by an any Issuing Bank or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent (which may be waived pursuant to Section 8.01) that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance Issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Kroger Co)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Revolving Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Massic Tool Mold & Die Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):): 111

Appears in 1 contract

Samples: Credit Agreement (Amf Group Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including excluding, however, the initial Borrowingmaking of any Advance pursuant to Section 2.13), and the obligation right of each Issuing Bank the Company to issue a Letter request the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower Company of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Allied Waste Industries Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than an L/C Advance and other than a Letter of Credit Revolving Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c2.02(f)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation right of each Issuing Bank the Borrower to issue request a Letter Swing Line Borrowing or the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Notice of Swing Line Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Schedules and Exhibits (Smart & Final Inc/De)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an L/C Advance made by an Issuing the L/C Bank or a Working Capital Lender pursuant to Section 2.03(c3.3 and other than an Advance made by a Revolving Lender pursuant to Section. 2.2(b)(ii)(B)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation right of each Issuing Bank the Borrower to issue a Letter request the Issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance Issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Uscs International Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an Issuing Bank or a Working Capital any Revolving Credit Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Five Year Credit Agreement (Packaging Corp of America)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Mediq Inc)

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