Conditions to First Borrowing. The obligation of each Bank to make a Loan on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 and receipt by the Agent of the following (as to the documents described in paragraphs (a),(c), (d)and (e) below, in sufficient number of counterparts for delivery of a counterpart to each Bank and retention of one counterpart by the Agent):
Conditions to First Borrowing. The obligation of each Bank to make a Loan on the occasion of the first Borrowing is subject to the satisfaction of the conditions set forth in Section 3.02 and the following additional conditions:
Conditions to First Borrowing. 40 SECTION 3.02. CONDITIONS TO ALL BORROWINGS....................................................41
Conditions to First Borrowing. The obligation of UBS to fund any Loans pursuant to the terms hereof and of the other Loan Documents is subject to the satisfaction, on or before the applicable Borrowing Date for the first Borrowing, of the following conditions:
Conditions to First Borrowing. 44 SECTION 4.02. Conditions to All Borrowings....................................46
Conditions to First Borrowing. The obligation of each Bank to make a Syndicated Loan on the occasion of the first Borrowing or of the Agent to issue the first Letter of Credit, whichever occurs first, is subject to the satisfaction of the conditions set forth in Section 4.02 and receipt by the Agent of the following (as to the documents described in paragraphs (a), (c),(d) and (e) below, in sufficient number of counterparts for delivery of a counterpart to each Bank and retention of one counterpart by the Agent), provided, that so long as the Consent and Reaffirmation of Guarantors set forth after the signature pages hereof is executed and delivered, for purposes hereof, the conditions set forth in paragraphs (b) (but only with respect to the Guaranty and the Contribution Agreement), (c), (d), (f), (h), and (i) (but only with respect to the fees payable pursuant to Section 3.08) shall be deemed to have been satisfied by the execution and delivery thereof in connection with the Original Agreement and need not be satisfied in connection with this Agreement, and such paragraphs are retained herein solely for historical reference and for purposes of Section 6.23 and references in the forms of Guaranty and Contribution Agreement to certain requirements contained in paragraph (f):
Conditions to First Borrowing. The following are conditions precedent which must be satisfied by the Contran Affiliates or waived by the Bank prior to the first Advance:
Conditions to First Borrowing. The obligation of the Bank to make any Loan on the Closing Date is subject to the satisfaction of the conditions set forth in Section 4.02 and the following additional conditions:
Conditions to First Borrowing. The obligation of each Bank to make a Loan on the occasion of the first Borrowing under the Original Credit Agreement (or any amendment thereof, as applicable) was satisfied by the satisfaction of each of the conditions set forth in Section 3.02 on the date of such first Borrowing (or amendment) and receipt by the Agent of the documents described below in this paragraph (a):
Conditions to First Borrowing. The obligation of the Banks to make Loans in connection with the first Borrowing hereunder is subject to the conditions precedent that (a) more than 90 days have elapsed since the Effective Date, (b) the Borrower shall have delivered to the Agent and the Banks copies of the most recent statement of operations required to be delivered under Section 5.1(m) of the Credit Agreement and such statement of operations shall show that EBITDA for the three months ending on the day as of which such statement was prepared was not less than negative $9,500,000, (c) the Borrower shall have delivered to the Agent and the Banks copies of the most recent report on trade payables required to be delivered under Section 5.1(k) of the Credit Agreement and such report (which report shall be as of a date not be more than 14 days prior to the date of such Borrowing) shall show that the aggregate amount of all trade payables arising out of the purchase of inventory of the Borrower and its Subsidiaries was not less than $300,000,000, (d) the conditions precedent set forth in Section 3.4 shall be satisfied and (e) the Agent shall have received a duly executed Note for the account of each Bank dated on or before the date of such Borrowing and otherwise complying with the provisions of Section 2.5.
