Continuing Conditions. The obligations of Bank to make Advances (including the initial Advance) 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; 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 (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).
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Sources: Credit Agreement, Credit Agreement (Brooklyn Cheesecake & Desert Com), Credit Agreement (Brooklyn Cheesecake & Desert Com)
Continuing Conditions. The obligations of Bank the Banks to make Advances (including the initial Advance) 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; 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 (unless such representation and warranty expressly indicates that it is being made as the of 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).
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