Conditions Precedent to Drawdown. Upon satisfaction of all of the following conditions, the Lenders will provide the Loan Fund through the Agent Bank according to applicable Contribution Ratio pursuant to Article 8.1 of this Agreement. (1) The Agent Bank receives an original of the Drawdown Notice issued by the Borrower under Article 4.1 of this Agreement no later than 11:00 (Beijing time) on the morning of the 7th Business Day prior to the expected Drawdown Date provided in the Drawdown Notice. (2) All of the presentations of the Borrower in Article 12 of this Agreement are true and accurate as of the date of the Drawdown Notice, and remain true and accurate as of the expected Drawdown Date provided in the Drawdown Notice. (3) The Borrower has provided a document affixed with its common seal evidencing that it has performed the obligations in Article 13.1.7 of this Agreement as of the date of the Drawdown Notice and the expected Drawdown Date provided in the Drawdown Notice. (4) Subject to Article 13.1.9, the Borrower will perform all of its warranties before issuing the Drawdown Notice, for which the Guarantor will issue a letter of guaranty.
Appears in 2 contracts
Sources: Syndicated Loan Agreement, Syndicated Loan Agreement (Daqo New Energy Corp.)