CONDITIONS TO LOANS AND ADVANCES. Lender’s obligation to make any Loan or Advance under this Agreement is subject to the following conditions precedent: (a) that as of the date of such Loan or Advance, no Default or Event of Default shall have occurred and be continuing; (b) that the representations set forth in ARTICLE 5 and in the other Loan Documents shall be true and complete on and as of the date of such Loan or Advance; and (c) that on and as of the date of such Loan or Advance Borrower shall have complied with all covenants and agreements set forth in ARTICLE 6, ARTICLE 7 and ARTICLE 8 and in the other Loan Documents. Borrower’s acceptance of each Loan or Advance under this Agreement shall constitute a confirmation by Borrower, as of the date of such Loan or Advance (i) of the accuracy and completeness of the representations set forth in ARTICLE 5 and in the other Loan Documents, (ii) of Borrower’s satisfaction of the covenants and agreements set forth in ARTICLE 6, ARTICLE 7 and ARTICLE 8 and in the other Loan Documents, and (iii) of the absence of any Default or Event of Default. Borrower shall confirm such matters by delivery to Lender of an Authenticated “Compliance Certificate” as provided in Section 6.4 and Section 6.5, and if requested by Lender by delivery of a Compliance Certificate with any “Notice of Borrowing” (as described in Section 2.5) requesting an Advance.
CONDITIONS TO LOANS AND ADVANCES. 21 Section 3.1. Conditions to First Advance..............................21 Section 3.2. Conditions to All Advances...............................24
CONDITIONS TO LOANS AND ADVANCES. 41 Section 3.1. Conditions to Initial Term Loans and............................
CONDITIONS TO LOANS AND ADVANCES. 20 Section 3.1 CONDITIONS TO THE TERM LOANS AND ALL ADVANCES 20 Section 3.2 CONDITIONS TO ADVANCES 24 Section 3.3 BUDGET COMPLIANCE 25 Section 3.4 PROCEDURES FOR ADVANCES 25
CONDITIONS TO LOANS AND ADVANCES. .. 27 Section 3.1. Conditions to First Revolving Credit Advance................................ 27 Section 3.2. Conditions to All Revolving Credit Advances................................. 29
CONDITIONS TO LOANS AND ADVANCES. The Lender’s obligation to make any Loan or Advance under this Agreement is subject to the following conditions precedent: (i) that as of the date of such Loan or Advance, no Event of Default shall have occurred and be continuing; (ii) that the representations set forth in Section 3 and in any other related note, document or instrument delivered by the Borrower to the Lender in connection with the Obligations (as defined below), the Loans, the Note, or any other indebtedness payable to the Lender in connection with the transactions contemplated by this Agreement (as the same may be amended, modified, supplemented, extended or restated from time to time, together, the “Loan Documents”) shall be true and complete on and as of the date of such Loan or Advance; and (iii) that on and as of the date of such Loan or Advance, the Borrower shall have complied with all covenants and agreements set forth in Sections 4, 5 and 6 and in the other Loan Documents. The Borrower’s acceptance of each Loan or Advance under this Agreement shall constitute a confirmation by the Borrower, as of the date of such Loan or Advance (A) of the accuracy and completeness of the representations set forth in Section 3 and in the other Loan Documents, (B) of the Borrower’s satisfaction of the covenants and agreements set forth in Sections 4, 5 and 6 and in the other Loan Documents, and (C) of the absence of any Event of Default. For the purposes of this Agreement, “Obligation” means a liability, obligation, covenant or duty owed or owing by the Borrower to the Lender, of any kind or nature, present or future, whether or not evidenced by any note, guaranty, supporting obligation or other agreement, document or instrument, whether arising under this Agreement, any other Loan Document or under any other agreement, document, instrument delivered to the Lender by the Borrower, or by operation of law, whether or not for the payment of money, whether arising in connection with an extension of credit to the Borrower or the Borrower’s opening, guaranteeing or confirming of a letter of credit, loan, guaranty, indemnification or other financial accommodation, whether direct or indirect (including those acquired by purchase or assignment), absolute or contingent, due or to become due, now or hereafter arising and howsoever acquired including, without limitation, each Loan, Advance, and other indebtedness payable to the Lender, all interest payable to the Lender with respect to each Loan, Advance and o...
CONDITIONS TO LOANS AND ADVANCES. Lender’s obligation to make any Loan or Advance under this Agreement is subject to the following conditions precedent: after giving effect to such Loan or Advance (a) that as of the date of such Loan or Advance, no Default or Event of Default shall have occurred and be continuing; (b) that the representations set forth in ARTICLE 5 and in the other Loan Documents shall be true and complete on and as of the date of such Loan or Advance; and (c) that on and as of the date of such Loan or Advance Borrower shall have complied with all covenants and agreements set forth in ARTICLE 6, ARTICLE 7 and ARTICLE 8
CONDITIONS TO LOANS AND ADVANCES. 40 2.1 Conditions to the Initial Interim Loan Advances.....................40 2.2 Conditions to Basic Loans...........................................45 2.3 Conditions to All Loans and Advances................................46
CONDITIONS TO LOANS AND ADVANCES. The obligations of the Lenders to make the Interim Loan Advances and the Basic Loans to be made by them hereunder are subject to the satisfaction of the following conditions.
CONDITIONS TO LOANS AND ADVANCES. 32 Section 3.1. CONDITIONS TO TERM LOANS AND FIRST REVOLVING CREDIT ADVANCE.................................................32 Section 3.2. CONDITIONS TO ALL LOANS.................................34
