Conditions to Each Borrowing Sample Clauses

Conditions to Each Borrowing. The election of each Conduit Investor to fund, and the obligation of each Committed Note Purchaser to fund, any Borrowing on any day (including the initial Borrowing following the Restatement Effective Date) shall be subject to the following conditions on the date of the Borrowing, (both before and after giving effect thereto and to the application of any proceeds therefrom): (a) (i) the representations and warranties of ZVF set out in this Agreement (other than Section 6.01(a) (solely to the extent relating to any Series of Notes other than the Series 2010-1 Notes), Section 6.01(b) and Section 6.01(d)), (ii) the representations and warranties of Zipcar set out in this Agreement (other than Section 6.02(a), which shall have been true and accurate on the dates specified therein), and (iii) the representations and warranties of ZVF, the Servicer, the Administrator and the Lessee set out in the Related Documents (other than (x) this Agreement and (y) any Series Supplements and Related Documents relating solely to a Series of Indenture Notes other than the Series 2010-1 Notes) to which each is a party, in each such case, shall be true and accurate as of the date of the Borrowing with the same effect as though made on that date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date; (b) the Series 2010-1 Rapid Amortization Period shall not have commenced; (c) the Series 2010-1 Commitment Termination Date shall not have occurred; (d) the related Funding Agent shall have received (i) an executed advance request in the form of Exhibit A hereto (each such request, an “Advance Request”) certifying as to the current Aggregate Asset Amount and the Series 2010-1 Enhancement Amount and the other amounts set forth therein and (ii) in the case of any Borrowing occurring on or after the date the Monthly Noteholder Statement relating to the May 2010 Payment Date is required to be delivered, the Monthly Noteholders’ Statement for the Series 2010-1 Notes for the Related Month immediately preceding the date of such Borrowing; (e) all conditions to making the related Advances in connection with such Borrowing specified in Section 2.02(a) of this Agreement shall have been satisfied; (f) each Series 2010-1 Related Document shall be in full force and effect; and (g) ZVF shall have acquired and shall be maintaining in force one or more Series 2010-1 Interest Rate Caps in accordance with...

Conditions to Each Borrowing. The obligation of Lender to fund the first Borrowing (in the case of (f)) and each Borrowing, if applicable (in the case of (a) – (e)) shall be subject to following conditions precedent: (a) With respect to each Borrowing, each of the representations and warranties made by Borrower in or pursuant to the Loan Documents shall be true and correct in all material respects (except where already qualified as to materiality) on and as of the date of the making of such Borrowing as if made on and as of the date of such Borrowing, except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects only as of such earlier date; (b) no Default or Event of Default shall have occurred and be continuing on the date of on such Borrowing or immediately after giving effect to such Borrowing; (c) Lender shall have received a fully executed Borrowing Request; (d) Lender shall have received evidence that SLS Lender has disbursed (or will disburse contemporaneously with the Borrowing), all SLS Tranche 2 Approved Funds as of the date of the Borrowing and that all escrowed funds (other than any holdback amounts consisting of 10% of the capital contribution of any Investing Member whose I-526 Petition has not yet been approved) have been released to SLS Lender and constitute SLS Tranche 2 Non-Approved Funds (which evidence may consist of a certification by the Borrower included in the Borrowing Request); provided that in the event the amount of the Borrowing exceeds the amount of SLS Tranche 1 Approved Funds as of the date of the Borrowing, then Lender shall have received evidence that SLS Lender has disbursed (or will disburse contemporaneously with the Borrowing) all SLS Tranche 2 Non-Approved Funds as of the date of the Borrowing; (e) With respect to any Borrowing, if the aggregate principal amount outstanding of all prior Borrowings plus the requested amount of such Borrowing exceeds $150,000,000, Lender shall have received an endorsement to the Title Policy delivered pursuant to Section 4.01(q) having the effect of increasing the amount of the Title Policy to an amount that is equal to our greater than the sum of the aggregate principal amount outstanding of all prior Borrowings plus the requested amount of such Borrowing; and (f) Lender shall have received prior to the First Disbursement Date confirmation of the amounts on deposit in the First Li...

Conditions to Each Borrowing. The obligation of the Lender to make a Loan is subject to the satisfaction, unless waived in writing by the Lender, of the further conditions precedent that: (a) the Closing Date shall have occurred; (b) the Lender shall have received a Borrowing Notice in accordance with Section 2.2; (c) the representations and warranties of the Loan Parties set out in the Loan Documents shall be (A) if any such representation and warranty is qualified as to materiality or by reference to the existence of a Material Adverse Effect, true and correct (as so qualified) on and as of the Borrowing Date, or (B) if any such representation and warranty is not so qualified, true and correct in all material respects on and as of the Borrowing Date; provided, that for purposes of this Section 4.2(c), the representation and warranty of the Borrower contemplated in Section 3.1(a) shall be deemed to refer to the last day of the period covered by the most recent financial statements furnished to the Lender hereunder; (d) the sum of the outstanding principal amount of the Loans plus the amount of the requested Loan shall be equal to or less than the Aggregate Commitment Amount; and (e) immediately prior and after the borrowing of the Loan on the Borrowing Date, no Default or Event of Default shall have occurred and be continuing.

Conditions to Each Borrowing. The making of any Loan is subject to satisfaction of each of the following conditions: (i) subject to Section 2(b), the Administrative Agent must have received and approved an Approval Request for the Asset the Borrower intends to purchase with the proceeds of the Loan and such approval has not expired or been rescinded; (ii) the Collateral Manager, on behalf of the Borrower, must furnish the Administrative Agent with a Borrowing Request with respect to the Loan and a Portfolio Asset Buy Confirmation with respect to the Asset the Borrower intends to purchase with the proceeds of the Loan; (iii) [reserved]; (iv) the sum of (A) the amount of the proposed Loan, all other requested and unfunded Loans and (B) the Outstanding Principal Amount of all other Loans would not exceed the Maximum Facility Amount; (v) the Collateral Quality Test is satisfied as of the related Acquisition Date (or if not in compliance, the relevant tests are maintained or improved after giving effect to any purchase or sale effected on any such Business Day); (vi) no OC Ratio Breach or IC Ratio Breach has occurred and is continuing; (vii) each representation and warranty set forth in Section 8 shall be true and correct in all material respects (except for representations and warranties already qualified by materiality or Material Adverse Effect, which shall be true and correct in all respects) as if made on the date of such borrowing (or, if expressly stated to be made as of a specific date, on and as of such specific date);

Conditions to Each Borrowing. As a condition precedent to each borrowing (including the initial borrowing) of any Loan: (i) The Borrower must furnish the Lender with, as appropriate, a notice of borrowing; (ii) each representation and warranty set forth in Paragraph 4 below shall be true and correct in all material respects as if made on the date of such borrowing; and (iii) no Default shall have occurred and be continuing on the date of such borrowing. Each notice of borrowing shall be deemed a representation and warranty by the Borrower that the conditions referred to in clauses (ii) and (iii) above have been met.

Conditions to Each Borrowing. The obligations of the Lenders to make Loans on the occasion of any Borrowing are subject to the satisfaction of the following conditions: (a) the representations and warranties of the Borrower and each Subsidiary set forth in the Loan Documents shall be true and correct (i) in the case of the representations and warranties qualified as to materiality, in all respects and (ii) otherwise, in all material respects, in each case on and as of the date of such Borrowing except with respect to representations and warranties expressly made only as of an earlier date, in which case such representations and warranties were so true and correct on and as of such earlier date; (b) no event has occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom that constitutes a Default or an Event of Default, as applicable; and (c) receipt of a Borrowing Request in accordance with Section 2.03.

Conditions to Each Borrowing. Following the initial Funding Date, the obligation of each Lender to make one or more Loans hereunder, shall be subject to the satisfaction (or waiver in accordance with Section 14.2(a)) of each of the following conditions: (a)

Conditions to Each Borrowing. The obligation of each Lender to make a Loan as part of any Borrowing (including the first Borrowing) is also subject to satisfaction of the following further conditions precedent on the applicable Borrowing Date (provided that PIK Loans shall be deemed not to constitute a Loan for purposes of this Section 6.03), which shall have been satisfied or waived in writing by the Lenders:

Conditions to Each Borrowing. The obligation of each Lender to make a Loan (other than a PIK Loan) as part of any Borrowing hereunder is also subject to satisfaction of the following further conditions precedent on the applicable Borrowing Date: CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.