Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that: (a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and (b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 21 contracts
Sources: Revolving Credit and Term Loan Agreement (Inogen Inc), Revolving Credit and Term Loan Agreement (Inogen Inc), Revolving Credit and Term Loan Agreement (Quinstreet, Inc)
Continuing Conditions. The obligations of each Lender the Banks to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender Bank to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 8 contracts
Sources: Revolving Credit and Term Loan Agreement (MSC Software Corp), Revolving Credit Agreement (Multimedia Games Inc), Credit Agreement (Olympic Steel Inc)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement to provide other credit accommodations and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 5 contracts
Sources: Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.), Revolving Credit and Term Loan Agreement (Montauk Renewables, Inc.), Revolving Credit Agreement (2U, Inc.)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement or to provide other credit accommodations and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 3 contracts
Sources: Credit Agreement (Warby Parker Inc.), Credit Agreement (Accolade, Inc.), Credit Agreement (Accolade, Inc.)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:
(a1) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b2) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Dragonwave Inc), Revolving Credit Agreement (Dragonwave Inc)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement or to provide other credit accommodations and the obligation of the Issuing Lender Lenders to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 2 contracts
Sources: Credit Agreement (Manitex International, Inc.), Credit Agreement (Manitex International, Inc.)
Continuing Conditions. The obligations of each Lender Bank to make Advances (including the initial Advance) under this Agreement to provide other credit accommodations and the obligation of the Issuing Lender Bank to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 1 contract
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance), but excluding any conversion of any borrowings pursuant to Section 2.3 or 2.4 hereof and any advance deemed to have been made in respect of a Letter of Credit under Section 3.6(c) under this Agreement hereof to provide other credit accommodations and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 1 contract
Sources: Credit Agreement (Bazaarvoice Inc)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) Advance of the Revolving Credit and the Term Loan Advance under this Agreement and the obligation of discretionary issuance by the Issuing Lender to issue of any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Neophotonics Corp)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance, but excluding any conversion of any Advances pursuant to Section 2.3, 2.4 or 4.4 hereof and any Advance deemed to have been made in respect of a Letter of Credit under Section 3.6(c) hereof) under this Agreement and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Rocket Fuel Inc.)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than (1) any representation or warranty that expressly speaks only as of a different datedate and (2) such exceptions and qualifications to such representations and warranties that are disclosed in writing to and approved by Agent and the Majority Lenders, with such approval not to be unreasonably withheld).
Appears in 1 contract
Sources: Revolving Credit Agreement (Bridgepoint Education Inc)
Continuing Conditions. The obligations of each Lender to make Advances (including the initial Advance) under this Agreement ), and the obligation of the Issuing Lender to issue any Letters of Credit under this Agreement shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter of Credit (as the case may be) as if made on and as of such date (other than any representation or warranty that expressly speaks only as of a different date).
Appears in 1 contract
Continuing Conditions. The obligations of each Lender the Banks to make Advances (including the initial Advance) under this Agreement and the obligation of the Issuing Lender Bank to issue any Letters of Credit shall be subject to the continuing conditions that:
(a) No Default or Event of Default shall exist as of the date of the Advance or the request for the Letter of Credit, as the case may be; and
(b) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the Advance or Letter (unless such representation and warranty expressly indicates that it is being made as of Credit (as the a specific date in which case may be) as if made on such representation and warranty shall be true and correct in all material respects as of such date (other than any representation or warranty that expressly speaks only as of a different specific date).
Appears in 1 contract