Common use of Notice of Borrowing or Issuance Clause in Contracts

Notice of Borrowing or Issuance. The Agent or the Issuing Bank shall have received a fully executed Notice of Borrowing or L/C Application, as appropriate, in respect of the Loans to be made or Letters of Credit to be Issued, respectively, on such date. The acceptance of the proceeds of each Loan and of the Issuance of each Letter of Credit shall constitute a representation and warranty by the Borrower to the Agent and each of the Lenders that all of the conditions required to be satisfied under this Section 4 in connection with the making of such Loan or the Issuance of such Letter of Credit have been satisfied. All of the Notes, certificates, agreements, legal opinions and other documents and papers referred to in this Section 4, unless otherwise specified, shall be delivered to the Agent for the account of each of the Lenders and, except for the Notes, in sufficient counterparts for each of the Lenders, and shall be satisfactory in form and substance to the Agent and each Lender in its sole discretion.

Appears in 3 contracts

Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)

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Notice of Borrowing or Issuance. The Administrative Agent or the Issuing Bank shall have received a fully executed Notice of Borrowing or L/C Application, as appropriate, in respect of the Loans to be made or Letters of Credit to be Issued, respectively, on such date. The acceptance of the proceeds of each Loan and of the Issuance of each Letter of Credit shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all of the conditions required to be satisfied under this Section 4 in connection with the making of such Loan or the Issuance of such Letter of Credit have been satisfied. All of the Notes, certificates, agreements, legal opinions and other documents and papers referred to in this Section 4, unless otherwise specified, shall be delivered to the Administrative Agent for the account of each of the Lenders and, except for the Notes, in sufficient counterparts for each of the Lenders, and shall be satisfactory in form and substance to the Administrative Agent and each Lender in its sole discretion.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Notice of Borrowing or Issuance. The Agent or the Issuing Bank shall have received a fully executed Notice of Borrowing or L/C Application, as appropriate, in respect of the Revolving Loans to be made or Letters of Credit to be Issued, respectively, on such date. The acceptance of the proceeds of each Revolving Loan and of the Issuance of each Letter of Credit shall constitute a representation and warranty by the Borrower to the Agent and each of the Lenders that all of the conditions required to be satisfied under this Section 4 in connection with the making of such Revolving Loan or the Issuance of such Letter of Credit have been satisfied. All of the Revolving Notes, certificates, agreements, legal opinions and other documents and papers referred to in this Section 4, unless otherwise specified, shall be delivered to the Agent for the account of each of the Lenders and, except for the Revolving Notes, in sufficient counterparts for each of the Lenders, and shall be satisfactory in form and substance to the Agent and each Lender in its sole discretion.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

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Notice of Borrowing or Issuance. The Agent or the Issuing Bank shall have received a fully executed Notice of Borrowing or L/C Application, as appropriate, in respect of the Loans to be made or Letters of Credit to be Issued, respectively, on such date. The acceptance of the proceeds of each Loan and of the Issuance of each Letter of Credit shall constitute a representation and warranty by the Borrower to the Agent and each of the Lenders that all of the conditions required to be satisfied under this Section 4 in connection with the making of such Loan or the Issuance of such Letter of Credit have been satisfied. CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT All of the Notes, certificates, agreements, legal opinions and other documents and papers referred to in this Section 4, unless otherwise specified, shall be delivered to the Agent for the account of each of the Lenders and, except for the Notes, in sufficient counterparts for each of the Lenders, and shall be satisfactory in form and substance to the Agent and each Lender in its sole discretion.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

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