Conditions to Increase Sample Clauses

Conditions to Increase. Unless otherwise terminated in accordance with Section 7 below prior to such time, the Increase shall become effective on the first date (the “First Increase Effective Date”) following the Agreement Effective Date on which each of the following conditions have been satisfied (or waived in accordance with Section 11.2 of the Credit Agreement), and the making of the First Increase Initial Term Loans on the First Increase Effective Date shall be subject solely to the satisfaction (or waiver in accordance with Section 11.2 of the Credit Agreement) of the following conditions on such date (it being agreed that the making of any Revolving Loans on the First Increase Effective Date, under the Increase or otherwise, shall be subject to the conditions set forth in Section 3.2 of the Credit Agreement): (a) The Specified Representations shall be true and correct in all material respects (or in all respects if qualified by materiality) immediately prior to, and immediately after giving effect to, the initial borrowing of First Increase Initial Term Loans; (b) The Acquisition shall have been consummated substantially concurrently with the funding of the First Increase Initial Term Loans on the First Increase Effective Date in accordance with, in all material respects, the Acquisition Agreement and there shall not have been any amendment or waiver to the Acquisition Agreement by the Borrower or any of its Subsidiaries that is materially adverse to the Lenders unless consented to by the Administrative Agent (such consent not to be unreasonably withheld, conditioned or delayed), it being understood and agreed that a reduction in the consideration payable under the Acquisition Agreement shall be deemed not to be materially adverse to the Lenders so long as any such reduction in cash consideration shall be applied to reduce the aggregate amount of the Increase on a dollar-for-dollar basis, with such aggregate reduction to be applied on a pro rata basis among the Additional Lenders based on the aggregate respective amounts of the Increase to be provided by each such Lender as set forth Schedule I and further applied as to any Additional Lender to reduce its Increased Initial Term Loan Commitment (if any) and Increased Revolving Commitment (if any) on a pro rata basis; (c) The Agent shall have received, from the Target and each of its subsidiaries, in each case that is a Material Subsidiary (other than any Excluded Subsidiary) (the “Target Entities”), the documentation requir...
View SourceView Similar (6)
Conditions to Increase. Each of the applicable conditions to a Commitment Increase set forth in Section 2.06(e)(i) of the Credit Agreement are satisfied as of the Effective Date. The Borrower is making the certification set forth in this Section 3(e) in satisfaction of the certificate requested under Section 2.06(e)(ii)(A) of the Credit Agreement.
View SourceView Similar (4)
Conditions to Increase. The following conditions to the increase of the Revolving Credit Commitment shall have been satisfied or waived to the Administrative Agent's reasonable satisfaction: (i) On any date of proposed increase in the Revolving Credit Commitment, the representations and warranties contained in Article IV hereof are true and correct on such date in all material respects, as though made on and as of such date, except to the extent expressly made only as of a prior date; (ii) On any date of a proposed increase in the Revolving Credit Commitment, no Default or Event of Default shall exist on any such date, and no Default or Event of Default would result from such increase in the Revolving Credit Commitment and the subsequent Revolving Credit Advances to the Borrower, up to the amount of the Revolving Credit Commitment (as increased); (iii) The Administrative Agent shall have received a certificate from the Borrower to the effect that (A) such increase has received all Necessary Authorizations, if necessary, and is in compliance with all material Applicable Laws, (ii) no other approvals or consents from any Person are required by any such Person except to the extent they have been received or are immaterial, and (iii) such increase in the Revolving Credit Commitment does not conflict with, or result in violation of, any material agreement or instrument to which the Borrower or any of its Subsidiaries, or any of their respective properties, is subject; (iv) The Administrative Agent shall have delivered to each Lender evidence of new Revolving Credit Specified Percentages and Total Specified Percentages adjusted to give effect to the increase in the Revolving Credit Commitment and any reallocation required in order for each Lender with a Revolving Credit Specified Percentage to have a proportionate share of the Revolving Credit Advances; (v) Each new Lender being added to this Agreement shall deliver to the Borrower and the Administrative Agent documentation acceptable to the Administrative Agent evidencing such new Lender's acceptance of this Agreement and all the other Loan Documents in form and substance reasonably acceptable to the Administrative Agent (and making such Lender a party to this Agreement and the other Loan Documents); (vi) The Administrative Agent on behalf of each Lender shall have received all amendments to any Loan Documents as the Administrative Agent shall deem reasonably necessary; and (vii) The Administrative Agent shall have delivered to the Bo...
View SourceView Similar (2)
Conditions to Increase. The following conditions to the increase of the Revolving Credit Commitment shall have been satisfied or waived to the Administrative Agent's reasonable satisfaction: ON ANY DATE OF PROPOSED INCREASE IN THE REVOLVING CREDIT COMMITMENT, THE REPRESENTATIONS AND WARRANTIES CONTAINED IN ARTICLE 4 HEREOF ARE TRUE AND CORRECT ON SUCH DATE IN ALL MATERIAL RESPECTS, AS THOUGH MADE ON AND AS OF SUCH DATE, EXCEPT TO THE EXTENT EXPRESSLY MADE ONLY AS OF A PRIOR DATE; ON ANY DATE OF A PROPOSED INCREASE IN THE REVOLVING CREDIT COMMITMENT, NO DEFAULT OR EVENT OF DEFAULT SHALL EXIST ON ANY SUCH DATE, AND NO DEFAULT OR EVENT OF DEFAULT WOULD RESULT FROM SUCH INCREASE IN THE REVOLVING CREDIT COMMITMENT AND THE SUBSEQUENT REVOLVING CREDIT ADVANCES TO THE BORROWER, UP TO THE AMOUNT OF THE REVOLVING CREDIT COMMITMENT (AS INCREASED); THE ADMINISTRATIVE AGENT SHALL HAVE RECEIVED A CERTIFICATE FROM THE BORROWER TO THE EFFECT THAT (A) SUCH INCREASE HAS RECEIVED ALL NECESSARY AUTHORIZATIONS, IF NECESSARY, AND IS IN COMPLIANCE WITH ALL MATERIAL APPLICABLE LAWS, (B) NO OTHER APPROVALS OR CONSENTS FROM ANY PERSON ARE REQUIRED BY ANY SUCH PERSON EXCEPT TO THE EXTENT THEY HAVE BEEN RECEIVED OR ARE IMMATERIAL, AND (C) SUCH INCREASE IN THE REVOLVING CREDIT COMMITMENT DOES NOT CONFLICT WITH, OR RESULT IN VIOLATION OF, ANY MATERIAL AGREEMENT OR INSTRUMENT TO WHICH THE BORROWER OR ANY OF ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE PROPERTIES, IS SUBJECT; THE ADMINISTRATIVE AGENT SHALL HAVE DELIVERED TO EACH LENDER EVIDENCE OF NEW REVOLVING CREDIT SPECIFIED PERCENTAGES AND TOTAL SPECIFIED PERCENTAGES ADJUSTED TO GIVE EFFECT TO THE INCREASE IN THE REVOLVING CREDIT COMMITMENT AND ANY REALLOCATION REQUIRED IN ORDER FOR EACH LENDER WITH A REVOLVING CREDIT SPECIFIED PERCENTAGE TO HAVE A PROPORTIONATE SHARE OF THE REVOLVING CREDIT ADVANCES; EACH NEW LENDER BEING ADDED TO THIS AGREEMENT SHALL DELIVER TO THE BORROWER AND THE ADMINISTRATIVE AGENT DOCUMENTATION ACCEPTABLE TO THE ADMINISTRATIVE AGENT EVIDENCING SUCH NEW LENDER'S ACCEPTANCE OF THIS AGREEMENT AND ALL THE OTHER LOAN DOCUMENTS IN FORM AND SUBSTANCE REASONABLY ACCEPTABLE TO THE ADMINISTRATIVE AGENT (AND MAKING SUCH LENDER A PARTY TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS); THE ADMINISTRATIVE AGENT ON BEHALF OF EACH LENDER SHALL HAVE RECEIVED ALL AMENDMENTS TO ANY LOAN DOCUMENTS AS THE ADMINISTRATIVE AGENT SHALL DEEM REASONABLY NECESSARY; AND THE ADMINISTRATIVE AGENT SHALL HAVE DELIVERED TO THE BORROWER A NOTICE OF THE COST OF ANY LIBO...
View Source
Conditions to Increase the Total Commitment AmountThe increase of the Total Commitment Amount from $35,000,000 to the Increased Total Commitment Amount is subject to the satisfaction of each of the following conditions on or prior to December 31, 2004: (a) the NYPSC Order shall have been issued and shall be in full force and effect and the Agent and each Bank shall have received a copy thereof; (b) the second installment of the Upfront Fee shall have been paid as set forth in the Agent’s Fee Letter; (c) the increase in the Total Commitment Amount will not contravene any Applicable Law applicable to the Agent or any Bank; (d) the Notes payable to the order of each Bank shall have been amended to reflect the increased Commitment of each Bank as of the Commitment Increase Date; and (e) the Issuing Bank Agreement between the Borrower and Calyon shall have been amended to reflect the Total Commitment Amount.
View Source
Conditions to Increase. The increase of the Total Revolving Facility Commitments will only be effected in accordance with clauses 9.20 to 9.22 (Increase of Total Revolving Facility Commitments) if:
View Source
Conditions to Increase. The effectiveness of each Incremental Revolving Loan Commitment shall be in the sole discretion of Lender (pursuant to Section 4.7(c)) and shall be subject to the following conditions that on and as of such Incremental Amount Date: (i) No Default would occur or be continuing before or after giving effect to such Incremental Revolving Loan Commitment. (ii) Both before and after giving effect to the consummation of the Incremental Revolving Loan Commitment, and the transactions related thereto, each of the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects to the same extent as though made on and as of that 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 (provided that if a representation and warranty is qualified as to materiality, the materiality qualifier set forth above shall be disregarded with respect to such representation and warranty for purposes of this condition). (iii) The Borrower shall deliver or cause to be delivered any legal opinions or other documents reasonably requested by Lender in connection with any such transaction (iv) A certificate of a Responsible Officer shall be delivered to Lender stating that the conditions with respect to such Incremental Revolving Loan Commitment under this Section 4.7(b) have been satisfied.
View Source
Conditions to Increase. Each of the following shall be conditions precedent to any Increase of the Revolver Commitments: (i) Borrower has obtained the commitment of either Bank or one or more other prospective lenders reasonably satisfactory to Bank to provide the applicable Increase; (ii) if such Increase is not provided by Bank in full, any new lenders shall duly execute and deliver a joinder agreement or amendment to this Agreement, in form and substance reasonably satisfactory to Bank, to which such lenders, Borrower and Bank are party; (iii) each of the conditions precedent set forth in Section 3.2(b) and (c) have been satisfied; (iv) Borrower shall have paid all increase and closing fees as may be required by Bank or any other applicable lender as a condition to such Increase; (v) Borrower shall arrange for the delivery of all Loan Documents, certificates and other items as Bank or other lender may reasonably require in connection with such Increase; and (vi) no Event of Default has occurred and is continuing.
View Source

Related to Conditions to Increase

  • Conditions to Initial Advance Lender shall have no obligation to make the Initial Advance of funds to Borrower unless and until Contractor has furnished Borrower and Lender the Bond permitted by this Contract, and the following conditions have been satisfied: (a) Borrower and Contractor have executed and delivered to Lender this Agreement, the Contract, the Note, the Deed of Trust, an Owner-Occupied Rehabilitation Loan Program Contract, Affidavit of Commencement and other documents securing the loan evidenced by the Note; (b) Borrower and Contractor have furnished Lender all documents required by Lender to evidence compliance with Subchapter K, Chapter 53, Texas Property Code; (c) To the extent applicable, Contractor has furnished Lender evidence that Contractor has established a construction account in compliance with Chapter 162, Texas Property Code; (d) Contractor has provided Lender a copy of the final plans and specifications for the construction of the Improvements acceptable to Lender, along with a timetable and budget for completion of the Improvements as required by this Agreement and the Contractor's accepted bid; (e) Contractor has provided Lender a copy of the building permit for the Improvements; (f) Contractor has provided Borrower and Lender a list of all subcontractors used or to be used for completion of the Improvements, and executed partial release and lien waivers from subcontractors, suppliers and Contractor for all amounts to be disbursed to Contractor against the Amount Available for Construction; (g) Contractor has provided Lender a copy of all insurance policies, which Contractor is required to maintain under the Contract, or in lieu thereof, a certificate of insurance which confirms Contractor has obtained all insurance required under the Contract; (h) Contractor has provided Lender evidence that Contractor is in compliance with Chapter 416, Texas Property Code; and (i) Borrower and Contractor have provided Lender such other items as Lender shall reasonably require.

  • Conditions to Initial Loan At or prior to the making of the initial Loan hereunder to each Borrower, the following conditions precedent shall also have been satisfied: (a) the Lender shall have received the following (each to be properly executed and completed) and the same shall have been approved as to form and substance by the Lender: (i) this Agreement signed by such Borrower; (ii) a Note signed by such Borrower; (iii) copies (executed or certified, as may be appropriate) of all legal documents or proceedings taken in connection with the execution and delivery of this Agreement, such Borrower’s Note and the other Loan Documents by such Borrower; and (iv) an incumbency certificate containing the name, title and genuine signatures of such Borrower’s authorized representatives; (v) a copy of such Borrower’s Prospectus; (b) legal matters incident to the execution and delivery of this Agreement and the other Loan Documents by a Borrower and to the transactions contemplated hereby shall be satisfactory to the Lender and its counsel; and the Lender shall have received the favorable written opinion of counsel for such Borrower in the form attached hereto as Exhibit B in the case of a Domestic Borrower and in the form attached hereto as Exhibit C in the case of a Cayman Borrower; (c) the Lender shall have received a good standing certificate (or the equivalent in the case of each Cayman Borrower) for such Borrower (dated as of the date no earlier than 30 days prior to the date of this Agreement) from the offices of the secretary of state of the states of their respective organization or of the applicable office in the case of the Cayman Borrowers; and (d) the Lender shall be satisfied that the Loans and the use of proceeds thereof comply in all respect with Regulation U, and if required by Regulation U, the Lender shall have received a copy of FR Form U-1 duly executed and delivered by each Borrower.

  • Conditions to Initial Advances The agreement of Lenders to make the initial Advances requested to be made on the Closing Date is subject to the satisfaction, or waiver by Agent, immediately prior to or concurrently with the making of such Advances, of the following conditions precedent:

  • Conditions to Initial Loans The agreement of each Lender to make Loans hereunder and the effectiveness of this Agreement is subject to the satisfaction, prior to or on the Closing Date, of the following conditions precedent, which conditions precedent apply to and shall be satisfied by the Borrower:

  • Conditions to Issuance No Letter of Credit shall be issued (including the renewal or extension of any Letter of Credit previously issued) at the request and for the account of the Borrower unless, as of the date of issuance (or renewal or extension) of such Letter of Credit: (i) after giving effect to the Letter of Credit requested, the Letter of Credit Obligations do not exceed the Letter of Credit Maximum Amount; (ii) after giving effect to the Letter of Credit requested, the Letter of Credit Obligations on such date plus the aggregate amount of all Revolving Credit Loans and Swing Line Loans (including all Loans deemed disbursed by Administrative Agent under Section 2.07(f)(iii) in respect of the Borrower’s Reimbursement Obligations) hereunder requested or outstanding on such date do not exceed the least of (A) the Aggregate Maximum Credit Amounts, (B) the then applicable Borrowing Base and (C) the Aggregate Elected Commitment Amount; (iii) the conditions set forth in Section 6.02 have been satisfied; (iv) if requested by the Issuing Bank, the Borrower shall have delivered to the Issuing Bank at its Issuing Office the Letter of Credit Agreement related thereto, together with such other documents and materials as may be required pursuant to the terms thereof, and the terms of the proposed Letter of Credit shall be reasonably satisfactory to the Issuing Bank; (v) no order, judgment or decree of any court, arbitrator or Governmental Authority shall purport by its terms to enjoin or restrain Issuing Bank from issuing the Letter of Credit requested, or any Revolving Credit Lender from taking an assignment of its Applicable Revolving Credit Percentage thereof pursuant to Section 2.07(f), and no law, rule, regulation, request or directive (whether or not having the force of law) shall prohibit the Issuing Bank from issuing, or any Revolving Credit Lender from taking an assignment of its Applicable Revolving Credit Percentage of, the Letter of Credit requested or letters of credit generally; and (vi) there shall have been (x) no introduction of or change in the interpretation of any law or regulation, (y) no declaration of a general banking moratorium by banking authorities in the United States, New York or the respective jurisdictions in which the Revolving Credit Lenders, the Borrower and the beneficiary of the requested Letter of Credit are located, and (z) no establishment of any new restrictions by any central bank or other Governmental Authority on transactions involving letters of credit or on banks generally that, in any case described in this Section 2.07(b)(vi), would make it unlawful or unduly burdensome for the Issuing Bank to issue or any Revolving Credit Lender to take an assignment of its Applicable Revolving Credit Percentage of the requested Letter of Credit or letters of credit generally. Each Letter of Credit Agreement submitted to Issuing Bank pursuant hereto shall constitute the certification by Borrower of the matters set forth in Section 6.02. The Administrative Agent shall be entitled to rely on such certification without any duty of inquiry.