Conditions Precedent to Each Subsequent Advance. The obligation of Lender to make any Advance hereunder after the Initial Advance shall be subject to the reasonable determination of Lender that each of the following conditions precedent have been fulfilled; provided that, in the event that any such condition precedent is not met, then Lender may waive the requirement that such condition precedent be satisfied and fund the applicable Advance:
Conditions Precedent to Each Subsequent Advance. The right of Borrower to request the issuance of additional Advances from a Lender shall be subject to further conditions precedent such that on the date of any subsequent Advance:
Conditions Precedent to Each Subsequent Advance. The obligation of each Lender or the DSR LC Issuer, as the case may be, to make Advances subsequent to the Initial Advance or to issue the DSR Letter of Credit (such advances or issuance, "Subsequent Advances") shall be subject to the conditions precedent (or waiver by the Required Lenders) with respect to the Borrower and any Benefiting Project Company that (i) since the date of the financial statements of the Borrower and the other Persons delivered pursuant to Section 5.01(h), no Material Adverse Effect shall have occurred, provided, however, that for purposes of this clause (i) only, events resulting from changes or developments in the gas, oil or NEPOOL power markets generally (including changes in market prices) shall not be deemed to have a Material Adverse Effect, (ii) all equity contributions required to be made on or prior to the making of such Advance pursuant to the Equity Contribution Agreement shall have been contributed to the Borrower and (iii) the Administrative Agent shall have received, on or before the day of the making of such Advance or the issuance of the DSR Letter of Credit, the following, each dated such day, in form and substance satisfactory to the Administrative Agent (except that the Notice of Borrowing shall not be required for the issuance of the DSR Letter of Credit) (for purposes of this provision the issuance of the DSR Letter of Credit shall be deemed to benefit all Project Companies): A Notice of Borrowing in accordance with the terms of this Agreement. Certificates from a Representative of the Borrower and a Representative of the Benefiting Project Company (the statements contained in which shall be true and, to the extent the matter to which the certification is made relates to unaffiliated third parties, may be based on knowledge of the Representative) that: The representations and warranties contained in Section 6.01 of this Agreement (other than in clause (k) thereof) are correct on and as of the date of such Advance or issuance of the DSR Letter of Credit, before and after giving effect to such Advance or issuance of such Letter of Credit and to the application of the proceeds, if any, therefrom, as though made on and as of such date (except where failure of such representation or warranty to be true and correct could not reasonably be expected to have a Material Adverse Effect); The representations and warranties contained in Section 3.01 of the Project Company Guarantee (other than in clause (i) thereof) with re...
Conditions Precedent to Each Subsequent Advance. The Facility Lenders will only be obliged to make an Advance (other than the first Advance, the Delivery Commercial Facility Advance and the final Advances) if:
Conditions Precedent to Each Subsequent Advance. The agreement of the Lender to make subsequent advances under the Loan is subject to the satisfaction of the following conditions precedent:
