Additional Conditions Precedent Clause Samples

Additional Conditions Precedent. No Lender has any obligation to make any Loan (including its first), and LC Issuer has no obligation to issue any Letter of Credit (including its first), unless the following conditions precedent have been satisfied: (a) All representations and warranties made by any Restricted Person in any Loan Document shall be true on and as of the date of such Loan or the date of issuance of such Letter of Credit as if such representations and warranties had been made as of the date of such Loan or the date of issuance of such Letter of Credit except to the extent that such representation or warranty was made as of a specific date or updated, modified or supplemented as of a subsequent date with the consent of Majority Lenders. (b) No Default shall exist at the date of such Loan or the date of issuance of such Letter of Credit. (c) No Material Adverse Change shall have occurred to, and no event or circumstance shall have occurred that could cause a Material Adverse Change to, Plains MLP's or Borrower's Consolidated financial condition or businesses since the date of the Initial Financial Statements. (d) Each Restricted Person shall have performed and complied with all agreements and conditions required in the Loan Documents to be performed or complied with by it on or prior to the date of such Loan or the date of issuance of such Letter of Credit. (e) The making of such Loan or the issuance of such Letter of Credit shall not be prohibited by any Law and shall not subject any Lender or any LC Issuer to any penalty or other onerous condition under or pursuant to any such Law. (f) Administrative Agent shall have received all documents and instruments which Administrative Agent has then requested, in addition to those described in Section 4.1 (including opinions of legal counsel for Restricted Persons and Administrative Agent; corporate documents and records; documents evidencing governmental authorizations, consents, approvals, licenses and exemptions; and certificates of public officials and of officers and representatives of Borrower and other Persons), as to (i) the accuracy and validity of or compliance with all representations, warranties and covenants made by any Restricted Person in this Agreement and the other Loan Documents, (ii) the satisfaction of all conditions contained herein or therein, and (iii) all other matters pertaining hereto and thereto. All such additional documents and instruments shall be satisfactory to Administrative Agent in form, substance an...

Additional Conditions Precedent. The obligation of the Lender to make any Loan hereunder is subject to the further conditions precedent that on the date of any Borrowing of a Loan the following statements shall be true: (a) the representations and warranties made by the Borrowers in Article 7 hereunder and in each of the other Facility Documents are true and correct in all material respects on and as of the date of such Borrowing as though made on and as of such date; (b) No Default or Event of Default has occurred and is continuing, or would result from such Borrowing; (c) On the date of such Borrowing, the Interim Order or the Final Order, as the case may be, shall be in full force and effect and shall not have been reversed, stayed, modified or amended. Unless the Lender shall have joined in or expressly consented in writing to the same, there shall be no motion of the Borrowers pending: (i) to reverse, modify or amend the Interim Order or the Final Order, as the case may be, or (ii) to permit any administrative expense or unsecured claim against the Borrowers, now existing or hereafter arising, of any kind or nature whatsoever, to have administrative priority equal or superior to the priority of the Lender in respect of the Obligations, except for Carve-Out Expenses, or (iii) to grant or permit the granting of a Lien on any Collateral; (d) The aggregate unpaid principal amount of the Loans shall not exceed, and after giving effect to the requested Borrowing will not exceed, the Commitments then available; and (e) Up to fourteen days in advance of the date of a Borrowing, the Borrower may request a Borrowing, the amount of which shall not exceed the Borrowers' anticipated ordinary course expenses as set forth in the Budget for the fourteen day period following the date of such Borrowing (i.e. two weeks in advance). In the event there is a dispute between the parties as to whether the Borrowers are in compliance with the Budget, the Lender shall continue to fund Loans into a segregated account of the Borrowers that may not be drawn upon except pursuant to an order of the Bankruptcy Court or an agreement of the parties hereto. Without limiting any other provision of this Agreement, Lender shall inform the Borrower, either orally or in writing within 3 business days of a request for Borrowing whether the Borrowers are in compliance with the Budget.

Additional Conditions Precedent. The obligations of the Lenders to provide any Revolving Credit Loan, or of Chase to issue a Letter of Credit, on or after the Third Closing Date, shall be subject to further conditions precedent that on the date of providing such Credit Facility: (a) after the making of such Revolving Credit Loan or issuance of such Letter of Credit (i) the Revolving Credit Loans shall be, and shall reasonably be expected to continue to be through the time period that any outstanding Letters of Credit may be drawn upon (based upon projections prepared by the Borrowers and provided to the Lenders that are in form and substance satisfactory to the Required Lenders) equal to or less than the lesser of (A) the Revolving Credit Loan Borrowing Base, and (B) the Revolving Credit Commitment, and (ii) the Outstanding Working Capital Obligations shall be and shall reasonably be expected to continue to be through the time period that any outstanding Letters of Credit may be drawn upon (based upon projections prepared by the Borrowers and provided to the Lenders that are in form and substance satisfactory to the Required Lenders) equal to or less than the Revolving Credit Commitment; (b) in the case of a Letter of Credit, there shall be orders for goods to be imported under such Letter of Credit in an aggregate amount and on terms satisfactory to the Required Lenders; (c) the following statements shall be true:

Additional Conditions Precedent. In addition to the conditions in paragraphs (a), (b) and (c) above, each Substitution shall be subject to the satisfaction of the following conditions precedent:

Additional Conditions Precedent. (i) The Commercial Development Project, the Redevelopment Project and the Station Development Project shall be further subject to the due satisfaction of each of the Conditions Precedent set forth in the SCDA.

Additional Conditions Precedent. The obligations of the Facility Manager in respect of the SFM Project shall be subject to the due satisfaction by Authority of each of the Conditions Precedent set forth in SCSFMA.

Additional Conditions Precedent. (a) The SFM Project shall be subject to the due satisfaction by Facility Manager of each of the Conditions Precedent set forth in SCSFMA.

Additional Conditions Precedent. Each Transfer shall be subject to ------------------------------- the further conditions precedent that: (a) on or prior to the date of such Transfer, the Collection Agent shall have delivered to the Administrative Agent, in form and substance satisfactory to the Administrative Agent, a completed Transferor Report dated within 30 days prior to the date of such Transfer together with a listing by Obligor of all Receivables and such additional information as may reasonably be requested by the Administrative Agent; (b) on the date of such Transfer the following statements shall be true (and acceptance of the proceeds of such Transfer shall be deemed a representation and warranty by the Transferor that such statements are then true): (i) The representations and warranties of the Transferor contained in Exhibit III are correct on and as of the date of such Transfer as though made on and as of such date; (ii) The representations and warranties of the Originator contained in the Transaction Documents are correct on and as of the date of such Transfer as though made on and as of such date; (iii) No event has occurred and is continuing, or would result from such Transfer, that constitutes a Trigger Event or Potential Trigger Event; II_3 (iv) The Facility Termination Date shall not have occurred or, in the case of PARCO, no PARCO Termination Event shall have occurred; (v) The Aggregate Capital does not exceed the Transfer Limit; (vi) The outstanding Outstanding Balance of all Eligible Receivables is not less than the Required Balance. (c) the Administrative Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) the Administrative Agent shall have received the list of the Related Contracts to be included in such Transfer that is required to be delivered pursuant to paragraph (j) of Exhibit IV hereof. II_4 EXHIBIT III

Additional Conditions Precedent. The obligations of the Lenders to make any Loans is subject to the further condition precedent that: (a) no Default or Event of Default shall exist as of the date of the making of such Loans or would exist immediately after giving effect thereto; and (b) the representations and warranties made or deemed made by the Parent, the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall be true and correct in all material respects on and as of the date of the making of such Loan with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Credit Event shall constitute a certification by the Parent and the Borrower to the effect set forth in the preceding sentence (both as of the date of the giving of notice relating to such Credit Event and, unless the Borrower otherwise notifies the Agent prior to the date of such Credit Event, as of the date of the occurrence of such Credit Event). In addition, if such Credit Event is the making of a Loan, the Parent and the Borrower shall be deemed to have represented to the Agent and the Lenders at the time such Loan is made that all conditions to the occurrence of such Credit Event contained in this Article V have been satisfied.