Conditions to Each Advance Sample Clauses

Conditions to Each Advance. The agreement of Lenders to make any Advance requested to be made on any date (including the initial Advance), is subject to the satisfaction of the following conditions precedent as of the date such Advance is made:

Conditions to Each Advance. The agreement of Lender to make any Advance requested to be made on any date (including, without limitation, the initial Advance), is subject to the satisfaction of the following conditions precedent as of the date such Advance is made:

Conditions to Each Advance. The obligations of Lender to make any Advance, including, without limitation, the Initial Advance, (or otherwise extend credit hereunder) are subject to the satisfaction, in the sole judgment of Lender, of the following additional conditions precedent: (a) Borrower shall have delivered to Lender a Borrowing Certificate for the Advance executed by an authorized officer of Borrower, which shall constitute a representation and warranty by Borrower as of the Borrowing Date of such Advance that the conditions contained in this Section 6.2 have been satisfied; provided however, that any determination as to whether to fund Advances or extensions of credit shall be made by Lender in its Permitted Discretion; (b) each of the representation and warranties made by Credit Parties in or pursuant to this Agreement, or under the other Loan Documents or which are contained in any certificate, document or financial or other statement furnished in connection herewith, shall be true and correct, before and after giving effect to such Advance; (c) no Default or Event of Default shall have occurred or be continuing or would exist after giving effect to the Advance on such date; (d) immediately after giving effect to the requested Advance, the aggregate outstanding principal amount of Advances shall not exceed the lesser of the Availability and the Facility Cap; (e) at the time of making such requested Advance, no Material Adverse Change has occurred or is continuing; and (f) Lender shall have received all fees, charges and expenses payable to Lender on or prior to such date pursuant to the Loan Documents.

Conditions to Each Advance. Notwithstanding any other provision of this Agreement and without affecting in any manner the rights of the Lenders hereunder, the Lenders shall not be obligated to make any Advances (including the initial Advance) unless at the time of the Advance, all of the following conditions shall, in each Lender’s sole determination, be satisfied: (a) All of the representations and warranties of the Borrowers in all of the Loan Documents shall be true and correct on and as of the date of such Advance as though they were made on and as of such date and the Borrowers shall have performed all of their obligations contained in the Loan Documents required to be performed as of such date; (b) The making of the Advance will not cause or constitute an Event of Default or Pre-Default Event; (c) There shall have been no material adverse change in the financial condition of DTCG; (d) No claim has been asserted or proceeding commenced challenging this Agreement or Lenders’ rights under this Agreement, and no claim has been asserted which if true would be a breach of a representation and warranty in the Loan Documents; (e) No Event of Default shall have occurred and still be in existence, and no Pre-Default Event shall have occurred and still be in existence; (f) Lenders have a first priority perfected security interest in the Collateral. None of the Collateral is subject to any Lien, except for Permitted Liens; (g) The Inventory Advance Value Certificate and all other reports delivered by the Borrowers and the Borrowers’ records of operations have been satisfactory to the Lenders; (h) The Borrowers shall have provided such additional information and documents as the Lenders may reasonably request; and (i) The aggregate outstanding principal amount of the Advances shall not exceed the Inventory Advance Value.

Conditions to Each Advance. The obligations of Lenders to make any Advance under the Loan (including, without limitation, the Initial Advance) are subject to the satisfaction, in the sole discretion of Agent and each Lender, of the following conditions precedent: (a) Borrower shall have previously complied with all conditions set forth in Section 4.1 as of the Closing Date or such conditions shall have been previously waived; (b) at least two (2) Business Days prior to the proposed Borrowing Date, Borrower shall have delivered to Agent a Request for Advance (which Request for Advance shall include representations and warranties by Borrower as to (i) the Fair Value of each Underlying Loan to be pledged in connection with such Advance, (ii) the Enterprise Value of the Underlying Borrower in relation to each such Underlying Loan and (iii) whether each such Underlying Loan is an Eligible Covenant-Lite Loan, Eligible Junior Secured Loan, Eligible Junior Secured Subordinated Loan, Eligible Secured Subordinated Loan, Eligible Senior Secured Last-Out Loan or Eligible Senior Secured Loan, Eligible Allowed Affiliated Interest Loan, Eligible Allowed Controlling Interest Loan, Eligible Agreed Asset Loan (secured by Agreed Asset Collateral located in the United States or Canada), or Eligible Agreed Asset Loan (secured by Agreed Asset Collateral located in a Permitted Foreign Jurisdiction), as applicable) and Borrowing Certificate, accompanied by all necessary supporting documentation and executed by a Responsible Officer of Borrower, which shall constitute a representation and warranty by Borrower as of the Borrowing Date that the conditions contained in this Section 4.2, have been satisfied; (c) each of the representations and warranties made by Borrower in or pursuant to the Loan Documents (including the Administration Agreement) shall be accurate before and after giving effect to the making of such Advance (except for those representations and warranties made as of a specific date), Borrower shall be in full compliance with all covenants, agreements and obligations under each Loan Document, and no Default or Event of Default shall have occurred or be continuing or would exist after giving effect to the requested Advance on such Borrowing Date; (d) immediately after giving effect to the requested Advance, the aggregate outstanding principal amount of Advances under the Loan shall not exceed Availability; (e) there shall be no liabilities or obligations with respect to Borrower of any nature wha...

Conditions to Each Advance. The obligation of the Lender to honor any request for an Advance is subject to the satisfaction or waiver of the following conditions precedent as of the date of such Advance:

Conditions to Each Advance. Unless waived in writing by Requisite Lenders, the obligation of any Lender to make any Advance (including the initial Advance) is subject to the satisfaction of the following further conditions precedent:

Conditions to Each Advance. Each Lender’s obligation to contribute to any Advance is subject to the following conditions precedent: (a) that the payment of any Project Cost (including Reimbursement Payments) being paid from such Advance is due on or before or within thirty (30) days after the relevant Drawdown Date (together with confirmation from the Builder that all previous installments of the Contract Price due and payable to it under the relevant Construction Contract have been paid); (b) that both at the date of each Drawdown Notice and at each Drawdown Date: (i) no Default or Event of Default has occurred and is continuing or would result from drawdown of the relevant Advances; (ii) the Repeating Representations and Warranties to be made by each Obligor are true and correct in all material respects if repeated on each of those dates (except to the extent such Repeating Representations and Warranties reference an earlier date, in which case such Repeating Representations and Warranties shall be true and correct in all material respects as of such earlier date) with reference to the circumstances then existing, before and after giving effect to such borrowing or issuance and to the application of the proceeds therefrom or, in the case of the representation and warranty in Section 11.9 (No withholding Taxes), would be true and correct in all material respects if the replacement Schedule 9 (Exceptions to Representations) attached to the Drawdown Notice is substituted for the Schedule 9 attached this Agreement; and (c) that all Advances and other financing to be made pursuant to this Agreement shall be in full compliance with all applicable requirements; (d) that since December 31, 2011, there shall not have occurred and be continuing any Material Adverse Effect; and (e) that at each Drawdown Date all fees payable pursuant to this Agreement on that Drawdown Date have been paid (or will be out of proceeds of the relevant Advances) to the extent invoiced five (5) Business Days prior to such Drawdown Date.

Conditions to Each Advance. CoBank’s obligation under each Supplement to make any Loan or advance to the Borrower thereunder is subject to the further conditions set forth in such Supplement and the following conditions precedent: