Conditions Precedent to Drawdown. The obligation of the Lenders to make each Drawdown under the Credit Facility shall be subject to satisfaction of the following conditions precedent on or before the relevant Drawdown Date: (a) the Agent shall have received a Notice of Drawdown in respect of such Drawdown in accordance with Section 2.4; (b) on the relevant Drawdown Date, no Default or Event of Default shall have occurred and be continuing and no Default or Event of Default shall occur as a result of the making of such Drawdown; (c) on the relevant Drawdown Date, all the representations and warranties of the Borrower and the Restricted Subsidiaries in Section 7.1 are true and correct as though made on such date (and for such purposes the reference to the Effective Date in the first and second lines of Section 7.1 shall not apply); (d) since the date of the most recent Financial Statements delivered to the Agent, no event, act or condition has occurred that would have a Material Adverse Effect; and (e) the Borrower cannot request such Drawdown unless, after the making of such Drawdown, the Borrower shall be in compliance with the negative pledges contained in the Public Indentures.
Appears in 3 contracts
Sources: Credit Agreement (Nova Chemicals Corp /New), Credit Agreement (Nova Chemicals Corp /New), Credit Agreement (Nova Chemicals Corp /New)