Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such Borrowing.
Appears in 4 contracts
Sources: Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit initial Borrowing specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, and such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such the initial Borrowing.
Appears in 3 contracts
Sources: Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Holdings GP, L.P.), Credit Agreement (Alliance Resource Partners Lp)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit Effective Date, specifying its objection thereto andthereto, if the Initial Extension of Credit consists of a Borrowing, and such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Trident Resources Corp), Credit Agreement (Trident Resources Corp)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit Closing Date specifying its objection thereto andthereto, and if a Borrowing occurs on the Initial Extension of Credit consists of a BorrowingClosing Date, such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such Borrowing.
Appears in 2 contracts
Sources: 364 Day Bridge Facility and Guaranty Agreement (Dana Inc), Term Facility Credit and Guaranty Agreement (Dana Holding Corp)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents this Agreement shall have received notice from such Lender prior to the Initial Extension of Credit proposed Effective Date, as notified by the Borrower to the Lenders, specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, such Lender shall not have made available to the thereto. The Administrative Agent shall promptly notify the Borrower and the other Lenders of the occurrence of any such Lender’s ratable portion objection. The Administrative Agent shall promptly notify the Borrower and the Lenders of such Borrowingthe Effective Date.
Appears in 2 contracts
Sources: Credit Agreement (United Parcel Service Inc), Credit Agreement (United Parcel Service Inc)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, and such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such the applicable Borrowing.
Appears in 1 contract
Sources: Revolving Credit Agreement (Digital Realty Trust, L.P.)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit Closing Date specifying its objection thereto andthereto, and if a Borrowing occurs on the Initial Extension of Credit consists of a BorrowingClosing Date, such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such the Borrowing.
Appears in 1 contract
Sources: Term Facility Credit and Guaranty Agreement (Capmark Financial Group Inc.)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, and such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Ntelos Holdings Corp)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Credit Documents shall have received written notice from such Lender prior to the Initial Extension of Credit Borrowings hereunder specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, and such Lender shall not have made available to the Administrative Agent such Lender’s 's ratable portion of such BorrowingBorrowings.
Appears in 1 contract
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit Effective Date specifying its objection thereto and, if the Initial Extension of Credit consists of a Term C Borrowing, such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such Term C Borrowing.
Appears in 1 contract
Sources: Second Lien Credit Agreement (US Power Generating CO)
Determinations Under Section 3.01. For purposes of determining compliance with the conditions specified in Section 3.01, each Lender shall be deemed to have consented to, approved or accepted or to be satisfied with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the Initial Extension of Credit Effective Date specifying its objection thereto and, if the Initial Extension of Credit consists of a Borrowing, such Lender shall not have made available to the Administrative Agent such Lender’s ratable portion of such Borrowing.
Appears in 1 contract
Sources: Second Lien Credit and Guaranty Agreement (US Power Generating CO)