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

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender to make an Advance (other than a Letter of Credit Advance made by the Issuing Bank or a Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter 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 or the renewal 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 or renewal such statements are true):

Appears in 2 contracts

Samples: Revolving Credit Agreement (Andrews Group Inc /De/), Term Credit Agreement (Andrews Group Inc /De/)

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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 Advance made by the an Issuing Bank or a Tranche A Revolving Credit Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing Borrowing, Notice of Issuance or Notice of Issuance Renewal and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (PHP Healthcare 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 the an Issuing Bank or a 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 the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing Borrowing, Notice of Issuance or Notice of Issuance Renewal and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Afa Products Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender Party to make an Advance (other than a Letter of Credit Advance made by the an Issuing Bank or a Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), ) and the obligation of the each Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of 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 or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice Request for Letter of Credit Issuance or notice of renewal and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Qualcomm Inc/De)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender and each Swing Line Bank to make an Advance (other than (x) a Letter of Credit Swing Line Advance made by the a Lender pursuant to Section 2.02(b) or (y) an Advance made by any Issuing Bank or a any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of the each Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, 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 Revolving Credit 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 or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Ryland Group Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance a Loan (other than a Revolving Letter of Credit Advance Loan made by the a Revolving Issuing Bank or a Revolving Credit Lender pursuant to Section 2.03(c)) ), or deem to make any Term B Loan on the occasion of each Borrowing (including the initial Borrowing), and the obligation of the each Revolving Issuing Bank to issue a Revolving Letter of Credit or refinance an Existing Letter of Credit (including on the initial issuanceEffective Date) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) other extension of credit the following statements shall be true and the Administrative Agent shall have received for the account of such Lender or such Revolving Issuing Bank a certificate signed by a duly authorized officer of the Borrower, dated the date of such Borrowing or extension of credit, stating that (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 or the renewal of such Revolving 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 or renewal such statements are true):that

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Talen Energy Supply, LLC)

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 the Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing Borrowing, Notice of Issuance or Notice of Issuance Renewal and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal 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 Borrowing, issuance or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Applebees International Inc)

Conditions Precedent to Each Borrowing and Issuance. (a) The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by the Issuing Bank or a Revolving Credit Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) or renewal 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 or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Triple Crown Media, 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 Advance made by the an Issuing Bank or a Revolving Credit Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial BorrowingInitial Extension of Credit), and the obligation of the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing Borrowing, Notice of Issuance or Notice of Issuance Renewal and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (PHP Healthcare 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 the Issuing Bank or a Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of the any Issuing Bank to issue a any Working Capital Letter of Credit (including the initial issuance) or renew a Working Capital Letter of Credit and or the right of the Borrower to request the issuance or renewal of a Letter of CreditSwing Line Borrowing, shall be subject to the further conditions precedent that (a) the Administrative Agent shall have received a Notice of Borrowing or Notice of Issuance, as applicable, in accordance with the requirements hereof and (b) 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 or the renewal of such Working Capital 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 or renewal such statements are true):

Appears in 1 contract

Samples: First Lien Credit Agreement (Dynegy Inc /Il/)

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 the an Issuing Bank or a Revolving Credit Lender pursuant to Section 2.03(c2.04 and a Swing Line Advance made by a Revolving Credit Lender pursuant to Section 2.02(b)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of the each Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of CreditSwing Line Borrowing, 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 or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Neustar Inc)

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender Party to make an Advance (other than a Letter of Credit Advance made by the Issuing Bank or a Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial Borrowing), ) and the obligation of the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of 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 or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice Request for Letter of Credit Issuance or notice of renewal and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal 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 or renewal such statements are true):

Appears in 1 contract

Samples: Credit Agreement (Consolidated Freightways Corp)

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