Existing Credit Documents. Schedule I is a list of the Existing Credit Documents (other than the Notes, if any) delivered to the Successor Agent as of the date hereof, and as of the date hereof there have been no amendments, supplements, waivers or consents to the Existing Credit Documents, of which the Borrower has knowledge or to which it is a party, except as set forth in Schedule I.
Existing Credit Documents. The Administrative Agent shall have received sufficient evidence satisfactory to it indicating that simultaneously with the making of the initial Advances hereunder, (i) the Existing Indebtedness (including, without limitation, any obligations of any Loan Party in respect of guaranties and security agreements executed in connection with such Existing Indebtedness) shall have been terminated, and (ii) acceptable provisions have been made for the termination of the Liens securing the same.
Existing Credit Documents. (i) As of the date of this Agreement, no “Default” or “Event of Default” (as such terms are defined in each of the Existing Credit Documents) has occurred and is continuing under any of the Existing Credit Documents; and (ii) as of immediately prior to the Closing, there shall be no “Default” or “Event of Default” (as such terms are defined in each of the Existing Credit Documents) that has occurred and is continuing under any of the Existing Credit Documents.
Existing Credit Documents. Except as modified in connection with this Agreement, all of the terms and conditions of the Credit Documents remain in full and effect, and the Credit Parties hereby ratify and confirm all and singular, the terms and conditions thereof, and the warranties and representations set forth therein. Any and all collateral granted to the Agent for the ratable benefit of the Lenders continues to secure the Obligations as amended and restated by this Agreement.
Existing Credit Documents. 5.10 GAAP..................................................................3.5 Government Antitrust Entity........................................5.4(a) Governmental Entity...................................................3.4
Existing Credit Documents. The Company will use reasonable efforts to (i) assist Parent to negotiate, and (ii) to enter into, an arrangement with The Bank of Nova Scotia and the other lenders party to the Credit Agreement, dated as of May 8, 1997, and with the financial institutions and other parties party to the Participation and Credit Agreement dated as of May 8, 1997, which arrangements will permit the Company to terminate, on and as of the Closing Date, such agreements and all related loan and lease documentation (collectively, the "Existing Credit Documents"), upon payment in full of all obligations of the Company thereunder, without any requirement that the Company deliver irrevocable prior notices of termination under the Existing Credit Documents or to make any payment with respect to the Existing Credit Documents except upon the occurrence of the Merger.
Existing Credit Documents. The Company will use reasonable efforts to assist Parent to negotiate and to enter into arrangements with (i) First Security Bank, N.A. and Zions First National Bank and the other lenders party to the Loan Agreement with the Company dated as of April 15, 1999 (the "Primary Loan Agreement") and (ii) First Security Bank, N.A. and Zions First National Bank as parties to the Loan Agreement with the Company referenced in Section 5.1 of the Disclosure Schedule (the "Supplemental Loan Agreement"), which arrangements will permit the Company to terminate, on and as of the Closing Date, the Primary Loan Agreement, the Supplemental Loan Agreement and all related loan documentation (collectively, the "Existing Credit Documents"), upon payment in full of all obligations of the Company thereunder as of the Closing Date, without any requirement that the Company deliver irrevocable prior notices of termination under the Existing Credit Documents or to make any payment with respect to the Existing Credit Documents except upon the occurrence of the Merger.
Existing Credit Documents. The US Administrative Agent shall have received sufficient evidence indicating that simultaneously with the making of the initial Advances hereunder, (i) the obligations of the Credit Parties under the Existing Credit Agreement (including, without limitation, any obligations of any Credit Party in respect of guaranties and security agreements executed in connection with such Existing Credit Agreements) shall have been terminated, and (ii) acceptable provisions have been made for the termination of the Liens securing the same.
Existing Credit Documents. On or prior to the Closing Date, the Borrower shall have delivered a certified copy of all Senior Credit Documents and documents related to any existing Junior Financing to the Administrative Agent, and there shall be no default or event of default thereunder and the Borrower shall certify that such facilities have sufficient availability thereunder to pay Project Costs contemplated to be paid thereby under the Construction Budget and Schedule.
Existing Credit Documents. Each Borrower and Guarantor hereby acknowledges, confirms and agrees that: (a) the Existing Credit Documents have been duly executed and delivered by Borrowers and Guarantors and are in full force and effect as of the date hereof and (b) the agreements and obligations of Borrowers and Guarantors contained in the Existing Credit Documents constitute the legal, valid and binding obligations of Borrowers and Guarantors enforceable against each of them in accordance with their respective terms and Borrowers and Guarantors have no valid defense to the enforcement of such obligations and (c) Collateral Agent on behalf of the Secured Parties is entitled to all of the rights and remedies provided for in favor of Agent and Secured Parties in the Existing Credit Documents, as amended and restated by this Agreement.
