Common use of Conditions to Credit Extensions Clause in Contracts

Conditions to Credit Extensions. The obligation of the Lenders to make each Revolving Loan and of the Issuing Banks to issue each Letter of Credit (other than any Existing Letter of Credit) is also subject to the following conditions precedent (provided that the conditions precedent described in clauses (b) and (c) below shall not apply to the initial Credit Events on the Closing Date): (a) The Administrative Agent shall have received a notice with respect to such Borrowing or issuance, as the case may be, as required by Article 2, and in the case of the issuance of a Letter of Credit, the applicable Issuing Bank shall have received notice with respect thereto in accordance Section 2.15. (b) All representations and warranties contained in this Agreement and the other Credit Documents or otherwise made in writing in connection herewith or therewith (including in any Borrowing Base Certificate) shall be true and correct in all material respects on and as of the date of each Borrowing or the issuance of each Letter of Credit hereunder with the same effect as if made on and as of such date, other than representations and warranties that relate solely to an earlier date and other than representations and warranties which are qualified by “materiality” or “Material Adverse Effect”, each of which shall be true and correct in all respects. (c) On the date of each Borrowing hereunder and the issuance of each Letter of Credit and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing. The request by the Lead Borrower for, and the acceptance by any Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Credit Parties that the conditions specified in this Section 7.1 have been satisfied at that time and that, after giving effect to such extension of credit, the Borrowers shall continue to be in compliance with the Borrowing Base.

Appears in 1 contract

Sources: Credit Agreement (Del Monte Foods Co)

Conditions to Credit Extensions. The obligation of after the Lenders to make each Revolving Loan and of the Issuing Banks to issue each Letter of Credit (other than any Existing Letter of Credit) is also subject to the following conditions precedent (provided that the conditions precedent described in clauses (b) and (c) below shall not apply to the initial Credit Events on the Closing 2021 Amendment Effective Date):. (a) The Administrative Agent shall have received a notice with respect to such Borrowing or issuance, as the case may be, as required by Article 2, and in the case of the issuance of a Letter of Credit, the applicable Issuing Bank shall have received notice with respect thereto in accordance Section 2.15. (b) All representations and warranties contained of each Loan Party set forth in this Agreement Article V and the each Loan Party in each other Credit Documents or otherwise made in writing in connection herewith or therewith (including in any Borrowing Base Certificate) Loan Document shall be true and correct in all material respects on and as of the date of each Borrowing or the issuance of each Letter of such Credit hereunder Extension with the same effect as if though made on and as of such date, other than except to the extent such representations and warranties that expressly relate solely to an earlier date and other than representations and warranties date, in which are qualified by “materiality” or “Material Adverse Effect”, each of which case they shall be true and correct in all respectsmaterial respects as of such earlier date; provided, that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates. (b) No Default shall exist or would result from such proposed Credit Extension or from the application of the proceeds therefrom. (c) On The Administrative Agent and, if applicable, the relevant L/C Issuer or Alternative L/C Issuer or the Swing Line Lender, as applicable, shall have received a Request for Credit Extension in accordance with the requirements hereof. (d) It shall not be unlawful in any applicable jurisdiction for that Lender to perform its obligations to make the relevant Credit Extension on the date of each Borrowing hereunder such Credit Extension, as applicable. Each Request for Credit Extension after the 2021 Amendment Effective Date (other than (i) with respect to a Limited Condition Transaction (ii) a Committed Loan Notice requesting only a conversion of Loans to the other Type, or a continuation of Eurocurrency Rate Loans or SOFR Loans, as applicable and (iii) any Additional Facility Loans (unless the issuance of each Letter of Credit and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing. The request by the Lead Borrower for, and the acceptance applicable Additional Facility Joinder Agreement specifies that this Section 4.03 applies to such Additional Facility Loans)) submitted by any Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Credit Parties that the conditions specified in this Section 7.1 Sections 4.03(a) and (b) have been satisfied at that time on and that, after giving effect to such extension as of credit, the Borrowers shall continue to be in compliance with date of the Borrowing Baseapplicable Credit Extension.

Appears in 1 contract

Sources: Credit Agreement (Liberty Latin America Ltd.)

Conditions to Credit Extensions. The obligation of the Lenders to make each Revolving Loan and of the Issuing Banks to issue each Letter of Credit (other than any Existing Letter of Credit) is also subject to the following conditions precedent (provided that the conditions precedent described in clauses (b) and (c) below shall not apply to the initial Credit Events on the Closing Date):precedent: (a) The Administrative Agent shall have received a notice with respect to such Borrowing or issuance, as the case may be, as required by Article 2, and in the case of the issuance of a Letter of Credit, the applicable Issuing Bank shall have received notice with respect thereto in accordance Section 2.15. (b) All representations and warranties contained in this Agreement and the other Credit Documents or otherwise made in writing in connection herewith or therewith (including in any Borrowing Base Certificate) shall be true and correct in all material respects on and as of the date of each Borrowing or the issuance of each Letter of Credit hereunder with the same effect as if made on and as of such date, other than representations and warranties that relate solely to an earlier date and (other than representations and warranties which are qualified by “materiality” or “Material Adverse Effect”, each of in which case such representations and warranties shall be true and correct in all respects) with the same effect as though such representations and warranties had been made on and as of the date of such Credit Event (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects (other than any such representations and warranties which are qualified as to materiality, Material Adverse Effect or similar language, in which case such representations shall be true and correct in all respects) as of such earlier date. (c) On the date of each Borrowing hereunder and the issuance of each Letter of Credit and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing. The request by the Lead Borrower for, and the acceptance by any Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Credit Parties that the conditions specified in this Section 7.1 have been satisfied at that time and that, after giving effect to such extension of credit, the Borrowers shall continue to be in compliance with the Borrowing Base.

Appears in 1 contract

Sources: Credit Agreement (Big Heart Pet Brands)

Conditions to Credit Extensions. The obligation of the Lenders each Lender to make each Revolving Loan and of the Issuing Banks to issue each Letter of honor any Request for Credit Extension (other than any Existing Letter a Committed Loan Notice requesting only a conversion of CreditCommitted Loans to the other Type, or a continuation of Term SOFR Loans or Alternative Currency Term Rate Loans) is also subject to the following conditions precedent (provided that the conditions precedent described in clauses (b) and (c) below shall not apply to the initial Credit Events on the Closing Date):precedent: (a) The Administrative Agent shall have received a notice with respect to such Borrowing or issuance, as the case may be, as required by Article 2, and in the case of the issuance of a Letter of Credit, the applicable Issuing Bank shall have received notice with respect thereto in accordance Section 2.15. (b) All representations and warranties of the Borrowers and each other Loan Party contained in this Agreement Article V (other than those set forth and the contained in Sections 5.05(c) and 5.06) or any other Credit Documents Loan Document, or otherwise made which are contained in writing any document furnished at any time under or in connection herewith or therewith (including in any Borrowing Base Certificate) therewith, shall be true and correct in all material respects on and as of the date of each Borrowing or such Credit Extension, except to the issuance of each Letter of Credit hereunder with the same effect as if made on extent that such representations and warranties specifically refer to an earlier date, in which case they shall be so true and correct as of such earlier date, other than and except that for purposes of this Section 4.02, the representations and warranties that relate solely to an earlier date contained in subsections (a) and other than representations and warranties which are qualified by “materiality” or “Material Adverse Effect”, each (b) of which Section 5.05 shall be true deemed to refer to the most recent statements furnished pursuant to clauses (a) and correct in all respects(b), respectively, of Section 6.01. (cb) On the date of each Borrowing hereunder and the issuance of each Letter of Credit and after giving effect thereto, no No Default or Event of Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds thereof. (c) The Administrative Agent and, if applicable, the L/C Issuers or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. (d) In the case of a Credit Extension to be denominated in an Alternative Currency, there shall not have occurred and any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be continuingdenominated in an Alternative Currency) or the relevant L/C Issuer (in the case of any Letter of Credit to be denominated in an Alternative Currency) would make it impracticable for such Credit Extension to be denominated in the relevant Alternative Currency. The request Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Term SOFR Loans or Alternative Currency Term Rate Loans) submitted by the Lead Borrower for, and the acceptance by any Borrower of, each extension of credit hereunder Borrowers shall be deemed to be a representation and warranty by the Credit Parties that the conditions specified in this Section 7.1 Sections 4.02(b) and 4.02(c) have been satisfied at that time on and that, after giving effect to such extension as of credit, the Borrowers shall continue to be in compliance with date of the Borrowing Baseapplicable Credit Extension.

Appears in 1 contract

Sources: Credit Agreement (Verisk Analytics, Inc.)