CONDITIONS TO BORROWINGS. The obligations of each Lender to make Advances to Borrower hereunder is subject to the satisfaction of the following conditions:
CONDITIONS TO BORROWINGS. 29 SECTION 3.01. Conditions to First Borrowing...........................29 SECTION 3.02. Conditions to All Borrowings............................31
CONDITIONS TO BORROWINGS. 40 Section 4.01. Conditions Precedent to Initial Loans and Letters of Credit.................................................................40
CONDITIONS TO BORROWINGS. SECTION 4.01.
CONDITIONS TO BORROWINGS. The obligation of the Lender to fund any requested Borrowing of Delayed Draw Term Loans is subject to the satisfaction or waiver by the Lender of the following conditions precedent as of the date of Borrowing such requested Delayed Draw Term Loan:
CONDITIONS TO BORROWINGS. The obligation of each Lender to make the Loans is subject to the satisfaction of the following conditions precedent on or before the Availability End Date:
CONDITIONS TO BORROWINGS. 24 SECTION 3.01. Conditions to First Borrowing. . . . . . . . . . . . . . . 24 SECTION 3.02. Conditions to All Borrowings . . . . . . . . . . . . . . . 25 ARTICLE IV
CONDITIONS TO BORROWINGS. The obligation of each Lender to make a Borrowing available (including its initial Borrowing) is additionally subject to the satisfaction (or waiver in accordance with Section 9.02) of the following conditions (and, in the case of each document specified in this Section to be received by the Administrative Agent, such document shall be in form and substance satisfactory to the Administrative Agent and each Lender):
CONDITIONS TO BORROWINGS. The availability of the Term Loans under the Exit Credit Agreement will be subject solely to satisfaction (or waiver) of the following conditions (the date on which such conditions are satisfied (or waived) being the “Effective Date”): · execution and delivery of the Definitive Documentation to be delivered at closing; · delivery of promissory notes to the Lenders, if requested at least two (2) Business Days before the Effective Date; · delivery of board resolutions and organizational documents of the Loan Parties; · delivery of incumbency/specimen signature certificate of the Loan Parties; · delivery of customary legal opinions by counsel to the Borrowers; · there shall not have occurred since the Petition Date any event or condition that has had or would be reasonably expected, either individually or in the aggregate, to have a Material Adverse Effect (for purposes of this condition, defined in a manner based on the Prepetition Term Loan Credit Agreement but including a proviso stating that in determining whether a “Material Adverse Effect” has occurred or exists under clause (a) thereof, the impacts of the chapter 11 cases and of COVID-19 on the assets, business, financial condition or results of operations on the Loan Parties or any of their respective Subsidiaries will be disregarded (provided that this exception shall not apply to the extent that it is materially disproportionately adverse to the Parent Borrower and its Restricted Subsidiaries, taken as a whole, as compared to other companies in the same industry in which the Parent Borrower and its Restricted Subsidiaries operate)); · the Administrative Agent shall have received a certificate (in substantially the same form as the corresponding certificate delivered in connection with the Prepetition Term Loan Credit Agreement) of the chief financial officer (or financial officer in a similar role) of the Parent Borrower, stating that it and its subsidiaries, taken as a whole, as of the Effective Date, are solvent, in each case, after giving effect to the consummation of the Plan; · all fees due to the Administrative Agent, Collateral Agent and Lenders including advisors to the Consenting Stakeholders, Gxxxxxxxx & Co. and Milbank LLP, shall have been paid (or shall have been caused to be paid), and all expenses to be paid or reimbursed to the Administrative Agent, Collateral Agent and Lenders that have been invoiced at least three (3) Business Days prior to the Effective Date shall have been paid (o...
CONDITIONS TO BORROWINGS. SECTION 3.01. Conditions to First Borrowing SECTION 3.02. Conditions to All Borrowings
