Common use of New Swingline Loans/Letters of Credit Clause in Contracts

New Swingline Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the Swingline Lender shall not be required to fund any Swingline Loans unless it is satisfied that it will have no Fronting Exposure after giving effect to such Swingline Loan and (ii) the Issuing Lender shall not be required to issue, extend, renew or increase any Letter of Credit unless it is satisfied that it will have no Fronting Exposure after giving effect thereto. The delivery by the Borrower of any Notice of Borrowing or Letter of Credit Application shall be deemed to be a representation and warranty by the Borrower that the conditions specified in Sections 5.2(a) and (b) have been satisfied on and as of the date the applicable Loan is made or Letter of Credit is issued, as the case may be.

Appears in 4 contracts

Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)

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New Swingline Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the no Swingline Lender shall not be required to fund any Swingline Loans unless it is satisfied that it will have no Fronting Exposure after giving effect to such Swingline Loan and (ii) the no Issuing Lender shall not be required to issue, extend, renew or increase any Letter of Credit unless it is satisfied that it will have no Fronting Exposure after giving effect thereto. The delivery by the Borrower of any Each Notice of Borrowing or Borrowing, Letter of Credit Application Application, as applicable, submitted by the Borrowers shall be deemed to be a representation and warranty by the Borrower that the conditions specified in Sections 5.2(a6.2(a) and (b) have been satisfied on and as of the date of the applicable Loan is made or Letter Extension of Credit is issued, as the case may beCredit.

Appears in 2 contracts

Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)

New Swingline Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the Swingline Lender shall not be required to fund any Swingline Loans unless it is satisfied that it will have no Fronting Exposure after giving effect to such Swingline Loan and (ii) the no Issuing Lender shall not be required to issue, extend, renew or increase any Letter of Credit unless it is satisfied that it will have no Fronting Exposure after giving effect thereto. The delivery by the Borrower of any Each Notice of Borrowing or and Letter of Credit Application submitted by the Borrower shall be deemed to be a representation and warranty by the Borrower that the conditions specified in Sections 5.2(a6.02(a) and (b) have been satisfied on and as of the date of the applicable Loan is made Extension of Credit or issuance, extension or increase of a Letter of Credit is issued, as the case may beCredit.

Appears in 2 contracts

Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)

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New Swingline Loans/Letters of Credit. So long as any Lender is a Defaulting Lender, (i) the Swingline Lender shall not be required to fund any Swingline Loans unless it is satisfied that it will have no Fronting Exposure after giving effect to such Swingline Loan and (ii) the Issuing Lender Lenders shall not be required to issue, extend, renew or increase any Letter of Credit unless it is satisfied that it will have no Fronting Exposure after giving effect thereto. The delivery by the Borrower of any Each Notice of Borrowing or Letter of Credit Application Application, as applicable, submitted by the Borrower shall be deemed to be a representation and warranty by the Borrower that the conditions specified in Sections 5.2(a6.2(a) and (b) have been satisfied on and as of the date of the applicable Loan is made or Letter Extension of Credit is issued, as the case may beCredit.

Appears in 2 contracts

Samples: Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (Chuy's Holdings, Inc.)

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