Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 4 contracts
Sources: Credit Agreement (Roadway Express Inc), Credit Agreement (Clark/Bardes Holdings Inc), Credit Agreement (Clark/Bardes Holdings Inc)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured Default.; and
(ii) The representations and warranties contained in Article ARTICLE V are true and correct as of such Borrowing Date with respect to Borrower and to any Subsidiary in existence on such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been be true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections SECTIONS 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 4 contracts
Sources: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to such Advance:
(i) There exists no Default or Unmatured Default.; and
(ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, date (in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to and except for changes in factual circumstances not prohibited under the making of such Advance shall be satisfactory to the Lenders and their counselLoan Documents. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 4 contracts
Sources: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date:
(ia) There exists no Default or Unmatured Default.
(iib) The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iiic) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i4.2(a) and (iib) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B A as a condition to making an Advance.
Appears in 3 contracts
Sources: Credit Agreement (Rli Corp), Credit Agreement (First Cash Financial Services Inc), Credit Agreement (First Cash Financial Services Inc)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured Default.; and
(ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to Borrower and to any Subsidiary in existence on such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been be true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 3 contracts
Sources: Secured Term Loan Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured Default.
(ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date (excluding the representation in Section 5.5) except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Torchmark Corp), Credit Agreement (Torchmark Corp)
Each Advance. The Lenders shall not be required to make any Advance Advance, excluding continuations and conversions of existing Advances, unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured Default.; and
(ii) The representations and warranties contained in Article V (other than Section 5.5) are true and correct in all material respects as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 2 contracts
Sources: Credit Agreement (Wrigley Wm Jr Co), Credit Agreement (Wrigley Wm Jr Co)
Each Advance. The Lenders shall not be required to make any Advance Advance, unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured DefaultDefault and no Default or Unmatured Default shall occur upon giving effect to the application of the proceeds of such Advance.
(ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to for changes in the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier dateSchedules hereto reflecting transactions permitted by this Agreement.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 2 contracts
Sources: Credit Agreement (FDX Corp), Credit Agreement (FDX Corp)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to such Advance:
(i) There exists no Default or Unmatured Default.; and
(ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date or date of issuance, except to the extent any such representation or warranty is stated to relate solely to an earlier date, date (in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to and except for changes in factual circumstances not prohibited under the making of such Advance shall be satisfactory to the Lenders and their counselLoan Documents. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 2 contracts
Sources: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Retail Properties of America, Inc.)
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured Default.
(ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice Notice, with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections Section 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 1 contract
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Datedate of such Advance:
(i) There exists no No Default or Unmatured DefaultDefault exists or will result after giving effect to such Advance.
(ii) The representations and warranties contained in Article V (other than Section 5.10) are true and correct in all material respects as of the date of such Borrowing Date Advance except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date.
(iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 1 contract
Sources: Credit Agreement (Portland General Electric Co /Or/)
Each Advance. The Lenders shall not be required to make any Advance Advances unless on the applicable Borrowing Datesuch date:
(ia) There exists no Default or Unmatured DefaultDefault (and none will result after giving effect to such Advance).
(iib) The representations and warranties contained in Article V 5 are true and correct as of such Borrowing Date date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iiic) All legal matters incident to No event shall have occurred which could have a Material Adverse Effect upon the making of such Advance shall be satisfactory to the Lenders and their counselBorrower. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) 4.1 and (ii) 4.2 have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 1 contract
Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date:
(i1) There exists no Default or Unmatured Default.
(ii2) The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii3) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making an Advance.
Appears in 1 contract
Sources: Credit Agreement (Integra Bank Corp)