Conditions Precedent to Each Credit Extension. The obligation of each Lender Party to make a loan, issue a letter of credit, bankers' acceptance or other credit extension pursuant to any Covered Facility and the right of any Loan Party to request a borrowing, the issuance of a letter of credit, bankers' acceptance or to request any other credit extension, shall be, in addition to the conditions precedent present in the applicable Covered Facility, subject to the further conditions precedent that on the date of such borrowing, issuance or other credit extension (a) the following statements shall be true (and the acceptance by such Loan Party of the proceeds of such borrowing, issuance or other credit extension shall constitute a representation and warranty by Group and such Loan Party that on the date of such borrowing, issuance or other credit extension such statements are true):
Appears in 2 contracts
Samples: General Provisions Agreement (Warnaco Group Inc /De/), General Provisions Agreement (Warnaco Group Inc /De/)
Conditions Precedent to Each Credit Extension. The obligation of each Lender Party Bank to make a loanLoan, issue issue, rollover, extend or replace a letter Letter of credit, Credit or bankers' acceptance or other credit extension pursuant to any Covered Facility Credit Documents (each of the foregoing being a "Credit Extension") and the right of any Loan Party to request a borrowing, the issuance of a letter of credit, bankers' acceptance or to request any other credit extensionCredit Extension, shall be, in addition to the conditions precedent present in the applicable Covered Bank Facility, subject to the further conditions precedent that that, on the date of such borrowingCredit Extension, including, without limitation, delivery by such Loan Party of a borrowing notice or request for issuance or other credit extension (a) thereunder, in each case in the form prescribed therein, the following statements shall be true (and the acceptance by such Loan Party of the proceeds of such borrowing, issuance or other credit extension Credit Extension shall constitute a representation and warranty by Group USI and such Loan Party that that, on the date of such borrowingCredit Extension, issuance or other credit extension such statements are true):
Appears in 2 contracts
Samples: General Provisions and Intercreditor Agreement (Us Industries Inc /De), Provisions and Intercreditor Agreement (Us Industries Inc /De)