CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the BANK to make any Loan and make disbursements and advances of the proceeds of the same to the BORROWER is subject to the satisfaction by the BORROWER or its representatives of the following conditions precedent with respect to such Loan: (1) BORROWER has executed and delivered all of the Loan Documents deemed appropriate and necessary by the BANK, in form and substance satisfactory to the BANK, including, but not limited to, the documents described on the Closing Agenda attached hereto as Schedule C; (2) the BORROWER's warranties and representations ---------- as contained herein and in the Loan Documents shall be accurate and complete and BANK has received satisfactory evidence of the same, including, at BANK's option, an opinion of BORROWER's legal counsel to that effect; and (3) the BORROWER shall not be in default under any of the covenants, warranties, representations, terms, or conditions contained in this Agreement or in the Loan Documents as of the date of entering into such Loan and as of the date of each disbursement and advance thereunder.
CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the Lender to make any Loan and make disbursements of the proceeds of the same to the Borrower is subject to the satisfaction by the Borrower or its representatives of the following conditions precedent with respect to such Loan: (1) the Borrower and the Guarantors have executed and delivered all of the Loan Documents deemed appropriate and necessary by the Lender, in form and substance satisfactory to the Lender; (2) the Borrower’s and Guarantors’ warranties and representations as contained herein and in the Loan Documents shall be accurate and complete and Lender has received satisfactory evidence of the same, including, at Lender’s option, an opinion of Borrower’s legal counsel to that effect; and, (3) the Borrower and Guarantors shall not be in default under any of the covenants, warranties, representations, terms or conditions contained in this Agreement or in the Loan Documents as of the date of entering into such Loan and as of the date of each disbursement thereunder. Lender’s obligations to extend any Loan to Borrower under this Agreement shall be subject to the completion of a reasonable due diligence review, satisfactory to the Lender in all respects, including inspection of the Borrower’s financial control systems and management prepared financial statements, and the subordination of all debt of Borrower. In addition to the foregoing, any material adverse change in the financial condition, operating status or general business prospects of the Borrower shall void the Lender’s commitment to extend any Loan to the Borrower.
CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the Lender to make the initial Loans is subject to the following conditions precedent having been satisfied in a manner satisfactory to the Lender:
CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the BANK to make any Loan and make disbursements and advances of the proceeds of the same to the
CONDITIONS PRECEDENT TO MAKING OF LOANS on the Closing Date. ------------------------------------------------------------
CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the BANK to make any Loan and make disbursements of the proceeds of the same to the BORROWER is subject to the satisfaction by the BORROWER or its representatives of the following conditions precedent with respect to such Loan: (1) the BORROWER has executed and delivered all of the Loan Documents deemed appropriate and necessary by the BANK, in form and substance satisfactory to the BANK; (2) the BORROWER's warranties and representations as contained herein and in the Loan Documents shall be accurate and complete and the BANK has received satisfactory evidence of the same, including, at BANK's option, an opinion of BORROWER's legal counsel to that effect; and (3) the BORROWER shall not be in default under any of the covenants, warranties, representations, terms, or conditions contained in this Agreement or in the Loan Documents as of the date of entering into such Loan and as of the date of each disbursement thereunder.
CONDITIONS PRECEDENT TO MAKING OF LOANS on or after the Closing Date. The obligation of the Lender to make the initial Revolving Loans on or after the Closing Date, and the obligation of the Lender to cause the Letter of Credit Issuer to issue any Letter of Credit on or after the Closing Date, are subject to the following conditions precedent having been satisfied in a manner satisfactory to the Lender:
CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the Lenders to make Loans hereunder shall be subject to the satisfaction of the following conditions precedent on or prior to the Closing Date:
CONDITIONS PRECEDENT TO MAKING OF LOANS. The obligation of the Lender to make any Loan and make disbursements of the proceeds of the same to the Borrower is subject to the satisfaction by the Borrower or its representatives of the following conditions precedent with respect to such Loan: (1) the Borrower has executed and delivered all of the Loan Documents deemed appropriate and necessary by the Lender, in form and substance satisfactory to the Lender; (2) the Borrower’s warranties and representations as contained herein and in the Loan Documents shall be accurate and
CONDITIONS PRECEDENT TO MAKING OF LOANS on and after the Restructuring Date. The obligation of the Lenders to make Revolving Loans on and after the Restructuring Date and to make the Restructuring Date Term Loans, and the obligation of the Agent to cause to be issued any Letter of Credit on or after the Restructuring Date and the obligation of the Lenders to participate in Letters of Credit issued on or after the Restructuring Date, are subject to the following conditions precedent having been satisfied on or prior to August 20, 1997 in a manner satisfactory to the Agent and the Lenders:
