Common use of Conditions Precedent Conditions Subsequent Clause in Contracts

Conditions Precedent Conditions Subsequent. 9.1 Documents, fees and no default. Each Lender's obligation to contribute to the Loan is subject to the following conditions precedent: (a) that, on or before the date of signing of this Agreement, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyers; (b) that, on or before the date of drawdown of the Loan, the Lender receives the documents described in Part B in Schedule 3 in form and substance satisfactory to the Agent and its lawyers; (c) that, on or before the service of a Drawdown Notice, the Agent receives the fees payable pursuant to Clause 20.1 (a) and has received payment of the expenses referred to in Clause 20.2; (d) that at the date of each Drawdown Notice, at each Drawdown Date and on the first day of each Interest Period and on the date of each Compliance Certificate: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the Loan; (ii) the representations and warranties in Clause 10 and those of the Borrowers or any Security Party which are set out in the other Finance Documents would be true and not misleading in any material respect if repeated on each of those dates with reference to the circumstances then existing; (iii) none of the circumstances contemplated by Clause 5.5 has occurred and is continuing; (iv) there has not been a Material Adverse Change in the financial position or state of affairs of the Borrowers and/or the Group from that disclosed to the Agent prior to the date of this Agreement; (e) that, if the ratio set out in Clause 15.1 were applied immediately following the advancement of the Loan, the Borrowers would not be obliged to provide additional security or prepay part of the Loan under that Clause; and (f) that the Agent has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Agent (acting reasonably) may, with the authorisation of the Majority Lenders, request by notice to the Borrowers prior to a Drawdown Date.

Conditions Precedent Conditions Subsequent. 9.1 Documents, fees and no default. Each Lender's obligation to contribute to the Loan is subject to the following conditions precedent: (a) that, on or before the date of signing of this Agreement, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyers; (b) that, on or before the date of drawdown of the Loan, the Lender receives the documents described in Part B in Schedule 3 in form and substance satisfactory to the Agent and its lawyers; (c) that, on or before the service of a the Drawdown Notice, the Agent receives the fees payable pursuant to Clause 20.1 (a) and has received payment of the expenses referred to in Clause 20.2; (d) that at the date of each the Drawdown Notice, at each the Drawdown Date and on the first day of each Interest Period and on the date of each Compliance Certificate: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the Loan; (ii) the representations and warranties in Clause 10 and those of the Borrowers Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading in any material respect if repeated on each of those dates with reference to the circumstances then existing; (iii) none of the circumstances contemplated by Clause ▇▇▇▇▇▇ 5.5 has occurred and is continuing; (iv) there has not been a Material Adverse Change in the financial position or state of affairs of the Borrowers Borrower and/or the Group from that disclosed to the Agent prior to the date of this Agreement; (e) that, if the ratio set out in Clause 15.1 were applied immediately following the advancement of the Loan, the Borrowers Borrower would not be obliged to provide additional security or prepay part of the Loan under that Clause; and (f) that the Agent has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Agent (acting reasonably) may, with the authorisation of the Majority Lenders, request by notice to the Borrowers Borrower prior to a the Drawdown Date.