Ongoing Loans Sample Clauses

Ongoing Loans. As conditions precedent to each Lender's ------------- obligation to make any Loan hereunder, including the first Loan and including the conversion of any Loan to another type of Loan or the continuation of any Eurodollar Loan after the end of the applicable Interest Period, at and as of the date of advance, conversion or continuance thereof; (1) There shall have been delivered to the Administrative Agent a Loan Request therefor; (2) The representations and warranties of the Companies contained in the Credit Documents shall be accurate and complete in all material respects as if made on and as of the date of such advance, conversion or continuance; (3) There shall not have occurred an Event of Default or Potential Default which has not been waived pursuant to Paragraph 11(b) hereof by the requisite number of Lenders; (4) Following the funding of the requested Loan: (i) the sum of the aggregate principal amount of Tranche A Loans outstanding plus the aggregate principal amount outstanding of Swing Line Loans which have been identified by the Companies in the applicable Loan Request as being scheduled for repayment by Tranche A Loans will not exceed the lesser of: a. the Aggregate Tranche A Credit Limit and b. the Collateral Value of the - - Tranche A Borrowing Base, (ii) the sum of the aggregate principal amount of Tranche B Loans outstanding plus the aggregate principal amount outstanding of Swing Line Loans which have been identified by the Companies in the applicable Loan Request as being scheduled for repayment by Tranche B Loans will not exceed the lesser of: a. the Aggregate Tranche B Credit - Limit and b. - the Collateral Value of the Tranche B Borrowing Base, (iii) the aggregate principal amount of Loans outstanding advanced by any Lender will not exceed its Maximum Commitment, and (iv) the aggregate principal amount of all Loans outstanding will not exceed the Aggregate Facility Commitment; (5) The Required Documents for the Mortgage Loans being funded with the proceeds of such Loan shall have been received by the Collateral Agent (except as otherwise provided in subparagraph (o) of the definition of "Eligible A/B Mortgage Loan"); (6) The maximum amount which may be outstanding at any time as Tranche A Loans and Tranche B Loans under the Facility II Agreement is outstanding; and (7) If the Administrative Agent is being requested to include any Mortgage Loan being funded with a Tranche A Loan or a Tranche B Loan as an Eligible A/B Mortgage Loan purs...

Ongoing Loans. As conditions precedent to any Lender's obligation to make any Loan hereunder, including the first Loan and including the conversion of any Loan to another type of Loan or the continuation of any Eurodollar Rate Loan after the end of an Interest Period, at and as of the date of advance, conversion or continuance thereof; (1) There shall have been delivered to the Administrative Agent a Loan Request therefor; (2) The representations and warranties of the Company and Guarantors contained in the Credit Documents shall be accurate and complete in all respects as if made on and as of the date of such advance, conversion or continuance; (3) There shall not have occurred an Event of Default or Potential Default, and the making of such Loan

Ongoing Loans. As conditions precedent to the Lender's obligation or agreement to make any Revolving Loan hereunder, including the first Revolving Loan, and to fund the Term Loan, and including the conversion of any Loan from or into a Eurodollar Loan or the continuation of any Eurodollar Loan after the end of the applicable Interest Period, at and as of the date of the funding, conversion or continuation: (1) There shall have been delivered to the Lender a Loan And/Or Interest Rate Election Request therefor; (2) The representations and warranties of the Company and the Parent contained in the Loan Documents shall be accurate and complete in all respects as if made on and as of the date of such funding, conversion or continuance; (3) There shall not have occurred an Event of Default or Potential Default; (4) In the case of the funding of each Revolving Loan, the Lender shall have determined that upon the funding thereof the Company will be in compliance with the limitation of Paragraph 1(a) above; and

Ongoing Loans. 19 5. Representations and Warranties of the Company.......................................................... 20 5.(a) Financial Condition........................................................................... 20 5.(b) No Change..................................................................................... 21 5.(c) Corporate Existence; Compliance with Law...................................................... 21 5.(d) Corporate Power; Authorization; Enforceable Obligations....................................... 21 5.(e) No Legal Bar.................................................................................. 21 5.(f) No Material Litigation........................................................................ 21 5.(g) Taxes......................................................................................... 22 5.(h) Investment Company Act........................................................................ 22 5.(i) Federal Reserve Board Regulations............................................................. 22 5.(j) ERISA......................................................................................... 22 5.(k) Assets........................................................................................ 22 5.(l) Securities Acts............................................................................... 23 5.(m) Consents, etc................................................................................. 23 5.(n) Ownership..................................................................................... 23

Ongoing Loans. Representations and Warranties of the Borrowers.......................

Ongoing Loans. As conditions precedent to any Lender's obligation to make any Loan hereunder, including the first Loan, at and as of the date of advance: (1) There shall have been delivered to the Administrative Agent a Loan Request therefor; (2) The representations and warranties of the Companies or any of them and the Guarantor contained in the Credit Documents shall be accurate and complete in all respects as if made on and as of the date of such advance; (3) There shall not have occurred an Event of Default or Potential Default, and the making of such Loan will not create or give rise to an Event of Default or a Potential Default; (4) Following the funding of the requested Loan (i) (A) the aggregate principal amount of Loans outstanding will not exceed the lesser of

Ongoing Loans. As conditions precedent to each Lender's obligation or agreement to make any Loan hereunder (other than any Tranche A Committed Loan advanced by the Lenders to repay Tranche C Loans), including the first Loan and including the conversion of any Loan from or into a Eurodollar Loan or the continuation of any Eurodollar Loan after the end of the applicable Interest Period, at and as of the date of the funding, conversion or continuation: 21 22 (1) There shall have been delivered to the Administrative Agent a Loan And/Or Interest Rate Election Request or, in the case of a Bid Loan, the Bid Loan Confirmation therefor;

Ongoing Loans. As conditions precedent to the Lender's obligation to make any Loan hereunder, including the first Loan, at and as of the date of advance thereof; (1) There shall have been delivered to the Lender a Loan Request therefor; (2) The representations and warranties of the Company contained in the Credit Documents shall be accurate and complete in all respects as if made on and as of the date of such advance, conversion or continuance; (3) There shall not have occurred an Event of Default or Potential Default; (4) Following the funding of the requested Loan, the aggregate principal amount of Loans outstanding will not exceed the lesser of: (i) the Credit Limit and (ii) the Collateral Value of the Borrowing Base; (5) There shall not have occurred any material adverse change in the financial condition, assets, nature of assets, operations or prospects of the Company from that represented in this Agreement, the other Credit Documents, or the documents or information furnished to the Lender in connection herewith or therewith; and (6) The Required Documents for the Mortgage Loan(s) being funded therewith shall have been received by the Lender.