Conditions Precedent to Initial Utilisation. (a) The Lender shall make available a Loan under the requested Facility in compliance with Section 5.4 (Lender’s Participation) if, on the date of the proposed Utilisation: (i) there is no Event of Default or any continuing Event of Default; (ii) all of the Representations, Warranties and covenants are valid and effective, or have otherwise been waived by the Lender (as the case may be); (iii) the Lender has received all of the documents and other evidence listed in and appearing to comply with the requirements of Part A of Schedule 2.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Aleris Ohio Management, Inc.), Facility Agreement (Aleris Ohio Management, Inc.)
Conditions Precedent to Initial Utilisation. (a) The Lender shall make available a Loan under the requested Facility in compliance with Section 5.4 (Lender’s ParticipationDisbursement of Loan) if, on the date of the proposed Utilisation:
(ia) there is no Event of Default or any continuing Event of Default;
(iib) all of the Representations, Warranties Representations and covenants are valid and effective, or have otherwise been waived by the Lender (as the case may be);; and
(iiic) the Lender has received (or, where applicable, waived) all of the documents and other evidence listed in and appearing to comply with the requirements of Part A of Schedule 21 (Conditions Precedent).
Appears in 2 contracts
Sources: Revolving Loan Facility Agreement, Facility Agreement (Aleris Corp)