Conditions to Each Credit Extension. The obligation of each Lender to make any Credit Extension (other than the conversion or continuation of a Loan) on any Credit Date, including the Closing Date (except as otherwise specified), is subject to the satisfaction, or waiver in accordance with Section 10.5, of the following conditions precedent: (i) the Administrative Agent shall have received a fully executed and delivered Funding Notice, if applicable; (ii) the L/C Issuer shall have received fully executed and delivered Letter of Credit Application(s) (with copies to the Administrative Agent), if applicable; (iii) as of such Credit Date, the representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects (except such representations and warranties that by their terms are qualified by materiality or a Material Adverse Effect, which representations and warranties shall be true and correct in all respects) on and as of that Credit Date, to the same extent as though made on and as of that date (or to the extent such representations and warranties specifically relate to an earlier date, on and as of such earlier date); and (iv) as of such Credit Date, no event shall have occurred and be continuing or would result from the consummation of the applicable Credit Extension or the use of proceeds thereof that would constitute an Event of Default or a Default. The Administrative Agent shall be entitled, but not obligated, to request and receive, prior to the making of any Credit Extension, additional information reasonably satisfactory to the Administrative Agent confirming the satisfaction of any of the foregoing if, in the good faith judgment of the Administrative Agent, such request is warranted under the circumstances.
Appears in 6 contracts
Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)
Conditions to Each Credit Extension. The obligation of each Lender to make any Credit Extension (other than the conversion or continuation of a Loan) on any Credit Date, including the Closing Date (except as otherwise specified), is subject to the satisfaction, or waiver in accordance with Section 10.5, of the following conditions precedent:
(i) the Administrative Agent shall have received a fully executed and delivered Funding Notice, if applicable;
(ii) the L/C Issuer shall have received fully executed and delivered Letter of Credit Application(s) (with copies to the Administrative Agent), if applicable;
(iii) as of such Credit Date, the representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects (except such representations and warranties that by their terms are qualified by materiality or a Material Adverse Effect, which representations and warranties shall be true and correct in all respects) on and as of that Credit Date, Date to the same extent as though made on and as of that date (or to the extent such representations and warranties specifically relate to an earlier date, date on and as of such earlier date); and
(iv) as of such Credit Date, no event shall have occurred and be continuing or would result from the consummation of the applicable Credit Extension or the use of proceeds thereof that would constitute an Event of Default or a Default. The Administrative Agent shall be entitled, but not obligated, to request and receive, prior to the making of any Credit Extension, additional information reasonably satisfactory to the Administrative Agent confirming the satisfaction of any of the foregoing if, in the good faith judgment of the Administrative Agent, such request is warranted under the circumstances.
Appears in 1 contract
Sources: Revolving Credit and Guaranty Agreement (Cit Group Inc)
Conditions to Each Credit Extension. The obligation of each the Lender to make any Credit Extension (other than the conversion or continuation of a Loan) on any Credit Date, including the Closing Date (except as otherwise specified)Date, is subject to the satisfaction, or waiver in accordance with Section 10.5, satisfaction of the following conditions precedent:
(ia) the Administrative Agent Lender shall have received a fully executed and delivered Funding Notice or Conversion/Continuation Notice, if applicable;
(iib) the L/C Issuer shall have received fully executed and delivered Letter of Credit Application(s) (with copies to the Administrative Agent), if applicable;
(iii) as of such Credit Date, the representations and warranties of the Credit Parties contained herein and in the other Credit Documents shall be true and correct in all material respects (except such representations and warranties that by their terms are or all respects if qualified by materiality or a Material Adverse Effect, which representations and warranties shall be true and correct in all respectsmateriality) on and as of that such Credit Date, Date to the same extent as though made on and as of that date (or date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects (or all respects if qualified by materiality) on and as of such earlier date); and;
(ivc) as no Default or Event of such Credit Date, no event Default shall have occurred and be continuing as of such Credit Date or would result from the consummation Credit Extension made on such Credit Date; and
(d) the Borrower shall have Liquidity in an aggregate amount equal to or greater than one and a half (1.5) times the aggregate outstanding principal amount of all Revolving Loans (calculated after giving effect to the requested Credit Extension) as of (i) the date of such Funding Notice, as certified by the Borrower in the applicable Funding Notice and demonstrated by reasonably detailed calculations attached to such Funding Notice (together with supporting documents or other information as may be reasonably requested by the Lender) and (ii) the Credit Date of the applicable Credit Extension or the use of proceeds thereof that would constitute an Event of Default or a Default. The Administrative Agent shall be entitled, but not obligated, to request and receive, prior to the making of any Credit Extension, additional information reasonably satisfactory to as certified by the Administrative Agent confirming the satisfaction of any of the foregoing if, Borrower in the good faith judgment of the Administrative Agent, such request is warranted under the circumstancesapplicable Funding Notice.
Appears in 1 contract
Sources: Credit Agreement (Citizens, Inc.)
Conditions to Each Credit Extension. The obligation of each Lender to make fund its Revolving Commitment Percentage of any Credit Extension (other than the conversion or continuation of a Loan) on any Credit Date, including the Closing Date (except as otherwise specified)Date, is are subject to the satisfaction, or waiver in accordance with Section 10.511.4, of the following conditions precedent:
(ia) the Administrative Agent shall have received a fully executed and delivered Funding Notice, if applicabletogether with the documentation and certifications required therein with respect to each Credit Extension;
(ii) the L/C Issuer shall have received fully executed and delivered Letter of Credit Application(s) (with copies to the Administrative Agent), if applicable;
(iiib) as of such Credit Date, the representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects (except such representations and warranties that by their terms are qualified by materiality or a Material Adverse Effect, which representations and warranties shall be true and correct in all respects) on and as of that Credit Date, Date to the same extent as though made on and as of that date (or date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct on and as of such earlier date); and;
(ivc) as of such Credit Date, no event shall have occurred and be continuing or would result from the consummation of the applicable Credit Extension or the use of proceeds thereof that would constitute an Event of Default or a Default. The Administrative Agent shall be entitled;
(d) if the applicable Borrower is a Designated Borrower, but not obligated, to request and receive, prior then the conditions of Section 2.18 to the making designation of any Credit Extension, additional information reasonably satisfactory such Borrower as a Designated Borrower shall have been met to the Administrative Agent confirming the satisfaction of any of the foregoing if, in the good faith judgment of the Administrative Agent, such request is warranted under the circumstances.; and
Appears in 1 contract
Sources: Credit Agreement (Earthlink Inc)
Conditions to Each Credit Extension. The obligation of each Lender to make fund its Revolving Commitment Percentage of any Credit Extension (other than the conversion or continuation of a Loan) on any Credit Date, including the Closing Date (except as otherwise specified)Date, is are subject to the satisfaction, or waiver in accordance with Section 10.511.4, of the following conditions precedent:
(ia) the Administrative Agent shall have received a fully executed and delivered Funding Notice, if applicabletogether with the documentation and certifications required therein with respect to each Credit Extension;
(iib) after making the Credit Extension requested on such Credit Date, the Total Revolving Outstandings shall not exceed the lesser of (x) the L/C Issuer shall have received fully executed Inventory Availability Amount and delivered Letter of Credit Application(s(y) (with copies to the Administrative Agent), if applicable;Aggregate Revolving Commitments then in effect.
(iiic) as of such Credit Date, the representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects (except such representations and warranties that by their terms are qualified by materiality or a Material Adverse Effect, which representations and warranties shall be true and correct in all respects) on and as of that Credit Date, Date to the same extent as though made on and as of that date (or date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date); and;
(ivd) as of such Credit Date, no event shall have occurred and be continuing or would result from the consummation of the applicable Credit Extension or the use of proceeds thereof that would constitute an Event of Default or a Default. The Administrative Agent or the Required Lenders shall be entitled, but not obligatedobligated to, to request and receive, prior to the making of any Credit Extension, additional information reasonably satisfactory to the Administrative Agent requesting party confirming the satisfaction of any of the foregoing if, in the reasonable good faith judgment of the Administrative AgentAgent or Required Lenders, such request is warranted under the circumstances.
Appears in 1 contract
Sources: Credit Agreement (Hibbett Inc)
Conditions to Each Credit Extension. The obligation of each Lender the Lenders to make any Credit Extension (other than the conversion or continuation of a Loan) Loan on any Credit Date, including the Closing Date (except as otherwise specified)Date, is subject to the satisfaction, or waiver in accordance with Section 10.5, 9.5 of the following conditions precedent:
(i) the Administrative Agent shall have received a fully executed and delivered Funding Notice, if applicable;
(ii) the L/C Issuer shall have received fully executed and delivered Letter of Credit Application(s) (with copies to the Administrative Agent), if applicable;
(iii) as of such Credit Date, the representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects (except such representations and warranties that by their terms are qualified by materiality or a Material Adverse Effect, which representations and warranties shall be true and correct in all respects) on and as of that Credit Date, to the same extent as though made on and as of that date (or to the extent such representations and warranties specifically relate to an earlier date, on and as of such earlier date); and
(iv) as of such Credit Date, no event shall have occurred and be continuing or would result from the consummation of the applicable Credit Extension or the use of proceeds thereof that would constitute an Event of Default or a Default;
(ii) there have been no material changes to the Credit Policies and the Servicing Policy that have not been approved by the Administrative Agent;
(iii) as of such Credit Date, the representations and warranties contained in this Agreement and in the other Credit Documents shall be true and correct in all material respects on and as of that Credit Date, to the same extent as though made on and as of that date, except, in each case, to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all respects on and as of such earlier date;
(iv) the Administrative Agent shall have received a fully executed and delivered Funding Notice attaching a Borrowing Base Certificate, evidencing sufficient Revolving Availability with respect to the requested Revolving Loan; and
(v) after making the Credit Extensions requested on such Credit Date, the Facility Amount shall not exceed the Borrowing Base. The Administrative Each Agent shall be entitled, but not obligated, to request and receive, prior to the making of any Credit Extension, additional information reasonably satisfactory to the Administrative Agent requesting party confirming the satisfaction of any of the foregoing if, in the good faith judgment of the Administrative Agentsuch Agents, as applicable, such request is warranted under the circumstances.
Appears in 1 contract