Conditions of Lending Sample Clauses
The "Conditions of Lending" clause defines the specific requirements that must be satisfied before a lender is obligated to provide funds to a borrower. These conditions may include the delivery of certain documents, evidence of compliance with legal or financial covenants, or the fulfillment of other pre-agreed obligations by the borrower. By setting out these prerequisites, the clause ensures that the lender's risk is minimized and that the borrower meets all necessary standards before receiving the loan, thereby protecting both parties and promoting clarity in the lending process.
POPULAR SAMPLE Copied 1 times
Conditions of Lending. The obligations of (a) the Lenders (including the Swingline Lender) to make Loans and (b) any Issuing Bank to issue, amend, extend or renew Letters of Credit or increase the stated amounts of Letters of Credit hereunder (each, a “Credit Event”) are subject to the satisfaction (or waiver in accordance with Section 9.08) of the following conditions:
Conditions of Lending. The obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder are subject to the satisfaction of the following conditions:
Conditions of Lending. The obligation of each Bank to make Loans and of the Issuing Banks to issue Letters of Credit hereunder is subject to the performance by the Borrowers of their Obligations to be performed hereunder at or prior to the making of any such Loans or issuance of such Letters of Credit and to the satisfaction of the following further conditions:
Conditions of Lending. The obligations of the 2018 Repricing Term Lenders to make 2018 Repriced Term Loans and of the 2018 Increase Lenders to make Additional Term Loans, in each case on the Effective Date, are subject (at the time of or substantially concurrently with the making of such Loans) to the satisfaction (or waiver in accordance with Section 9.09 of the Existing Credit Agreement or by a majority of the 2018 Repricing Term Lenders and 2018 Increase Lenders, collectively) of the following conditions (the date of such satisfaction or waiver, the “Effective Date”):
(a) The Administrative Agent (or its counsel) shall have received (i) from each Cashless Settlement Repricing Lender, each Post-Closing Repricing Lender, each 2018 Increase Lender and the other Lenders party hereto (that together constitute at least the Required Lenders) and (ii) from each of Holdings, the Borrower and the Subsidiary Loan Parties, either (x) a counterpart of this Agreement signed on behalf of such party (or a Repricing Consent) or (y) written evidence reasonably satisfactory to the Administrative Agent (which may include delivery of a signed signature page of this Agreement by facsimile or other means of electronic transmission (e.g., “pdf”)) that such party has signed a counterpart of this Agreement (or a Repricing Consent).
(b) The Borrower shall have paid to the Administrative Agent, for the ratable account of each Existing Term Lender immediately prior to the Effective Date, simultaneously with the making of the 2018 Repriced Term Loans, all accrued and unpaid interest on their Existing Term Loans to, but not including, the Effective Date.
(c) The Administrative Agent shall have received a certificate of the Secretary or Assistant Secretary or similar officer of each Loan Party dated the Effective Date.
(i) either (x) attaching a copy of the certificate or articles of incorporation, certificate of limited partnership, certificate of formation or other equivalent constituent and governing documents, including all amendments thereto, of such Loan Party, certified as of a recent date by the Secretary of State (or other similar official) of the jurisdiction of its organization or (y) with respect to any Loan Party other than the Borrower or Holdings, certifying there have been no changes to the certificate or articles of incorporation, certificate of limited partnership, certificate of formation or other equivalent constituent and governing documents of such Loan Party since the Closing Date,
(i...
Conditions of Lending. SECTION 3.01.
Conditions of Lending. The obligations of the Lenders to make Loans are subject to the satisfaction of the following conditions:
Conditions of Lending. SECTION 4.01.
Conditions of Lending. The obligation of each Lender to make Loans hereunder is subject to the performance by each of the Loan Parties of its Obligations to be performed hereunder at or prior to the making of any such Loans and to the satisfaction of the following further conditions:
Conditions of Lending. (a) The effectiveness of this Agreement, and the obligation to make the initial Advance or issue any initial Letter of Credit under the Commitment shall be subject to satisfaction of the following conditions precedent:
Conditions of Lending. The obligations of the Lenders to make Loans hereunder on the Closing Date are subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03.
(b) (i) The representations and warranties set forth in Sections 3.01, 3.02, 3.03, 3.11, 3.12, 3.19 (subject to paragraph (j) below) and 3.24 shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date and (ii) the condition relating to the accuracy of the representations and warranties of the Company in the Merger Agreement as are material to the interests of the Lenders shall have been satisfied.
(c) At the time of and immediately after the making of such Loans, no Default or Event of Default shall have occurred and be continuing.
(d) The Administrative Agent shall have received, on behalf of itself and the Lenders, a written opinion of (i) Weil, Gotshal & ▇▇▇▇▇▇ LLP, counsel for Holdings and the Borrower, substantially to the effect set forth in Exhibit F-1 and (ii) ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP, substantially to the effect set forth in Exhibit F-2, in each case (A) dated the Closing Date, (B) addressed to the Administrative Agent and the Lenders, and (C) covering such other matters relating to the Loan Documents and the Transactions as the Administrative Agent shall reasonably request, and Holdings and the Borrower hereby request such counsel to deliver such opinions.
(e) The Administrative Agent shall have received (i) a copy of the certificate or articles of incorporation (or other similar formation document), including all amendments thereto, of each Loan Party, certified as of a recent date by the Secretary of State (or equivalent) of the state of its organization, and a certificate of legal existence and, if available in such jurisdiction, certificate as to the good standing of each Loan Party as of a recent date, from such Secretary of State; (ii) a certificate of the Secretary or Assistant Secretary of each Loan Party dated the Closing Date and certifying (A) that attached thereto is a true and complete copy of the by-laws (or equivalent) of such Loan Party as in effect on the Closing Date and at all times since a date prior to the date of the resolutions described in clause (B) below, (B) that attached thereto is a true and complete copy of resolutions (or e...