Conditions Precedent to Borrowings Sample Clauses
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Conditions Precedent to Borrowings. The agreement of each Lender to make Extensions of Credit requested to be made by it is subject solely to the satisfaction, in each case on or before the Certain Funds Termination Date, of the applicable conditions precedent set forth in this Section 4.02:
(a) The Effective Date shall have occurred.
(b) With respect to the initial Extension of Credit hereunder, Administrative Agent shall have received a Target Acquisition Certificate.
(c) Administrative Agent shall have received evidence that all fees required to be paid on or prior to the date of such Extension of Credit pursuant to the Fee Letter have been or shall be paid on or prior to such date (or other arrangements satisfactory to Administrative Agent and the Arrangers shall have been made with respect to the payment of such fees).
(d) No Major Event of Default shall have occurred and be continuing or would result from the proposed Extension of Credit to be made on such date.
(e) It shall not be illegal for any Lender to lend and there is no injunction, restraining order or equivalent prohibiting any Lender from funding its portion of such Loans; provided, that such Lender has used commercially reasonable efforts to fund its such Loans through an Affiliate of such Lender not subject to such legal restriction; provided, further, that the occurrence of such event in relation to one Lender shall not relieve any other Lender of its obligations hereunder.
Conditions Precedent to Borrowings. 5.1 Conditions Precedent to the Initial Borrowing of TBC 37 5.2 Conditions Precedent to Each Committed Borrowing of TBC 38 5.3 Conditions Precedent to Each Bid Borrowing of TBC 38 5.4 Conditions Precedent to the Initial Borrowing of a Subsidiary Borrower 39 5.5 Conditions Precedent to Each Committed Borrowing of a Subsidiary Borrower 39 5.6 Conditions Precedent to Each Bid Borrowing of a Subsidiary Borrower 40
Conditions Precedent to Borrowings. 25 4.01 Conditions of Initial Borrowing....................................................... 25 4.02 Conditions to the Assumption.......................................................... 26 4.03 Conditions to all Borrowings.......................................................... 27 4.04
Conditions Precedent to Borrowings. No Lender is obligated to fund the initial Borrowing or issue any LC unless Agent, in its reasonable discretion, determines as of the Closing Date that no material adverse condition exists in the financial or capital markets generally affecting the potential syndication of the Revolving Facility and Agent has received all of the items described in PART A on SCHEDULE 6. In addition, no Lender is obligated to fund (as opposed to continue or convert) any Borrowing or issue any LC unless on the applicable Borrowing Date or issue date (and after giving effect to the requested Borrowing or LC), as the case may be: (a) Agent (and the Issuing Lender, if applicable) timely receives a Borrowing Request or LC Request (together with the applicable LC Agreement), as the case may be; (b) the Issuing Lender receives any applicable LC fee then due and payable; (c) all of the representations and warranties of the Companies in the Loan Documents are true and correct in all material respects (unless they speak to a specific date or are based on facts which have changed by transactions contemplated or expressly permitted by this agreement); (d) no Material Adverse Event, Default, or Potential Default exists; (e) none of the matters disclosed in any amendments to SCHEDULES 7.9 or 7.11 are objected to by Determining Lenders; and (f) no limitation in SECTION 2.1 OR 2.3 is exceeded. Each Borrowing Request and LC Request, however delivered, constitutes Borrower's representation and warranty that the conditions in CLAUSES (c) through (f) above are satisfied. Upon Agent's or any Lender's reasonable request, Borrower shall deliver to Agent or such Lender evidence substantiating any of the matters in the Loan Documents that are necessary to enable Borrower to qualify for the Borrowing or LC, as the case may be. Each condition precedent in this agreement (including, without limitation, those on SCHEDULE 6) is material to the transactions contemplated by this agreement, and time is of the essence with respect to each condition precedent.
Conditions Precedent to Borrowings. The obligation of the Intercompany Lender to make any Loan hereunder on the Closing Date (but not thereafter) is subject to the satisfaction on or before the date of any such borrowing of the following conditions precedent:
Conditions Precedent to Borrowings. Section 4.01
Conditions Precedent to Borrowings. 5.01 Conditions of Initial Borrowings 47 §–5.02 Conditions to all Borrowings 48
Conditions Precedent to Borrowings. The obligation of the Lenders to make a Loan on the occasion of any Borrowing (including on the occasion of the initial Borrowings hereunder), is subject to the satisfaction of the following conditions, it being understood that the conditions are included for the exclusive benefit of the Lenders and may be waived in writing in whole or in part by the Lenders at any time:
(a) the representations and warranties of the Borrower requesting the Borrowing will be true and correct on and as of the date of each such Borrowing, as if made on such date unless such representations and warranties expressly refer to a different date;
(b) at the time of and immediately after giving effect to such Borrowing, no Default or Event of Default will have occurred and be continuing; and
(c) the Lenders will have received a Borrowing Request in the manner and within the time period required by Section 2.3.
Conditions Precedent to Borrowings. The obligation of each Lender to fund any Loan on the occasion of any Borrowing (including the initial Borrowing) shall be subject to the satisfaction of each of the conditions precedent set forth in this Section 5.2.
Conditions Precedent to Borrowings. The effectiveness of this Agreement and the obligation of each Lender to make available any Borrowing requested to be made available by it pursuant to this Agreement are subject to and conditional upon the satisfaction of the following conditions as of the Closing Date: (1)