Common use of Other Conditions Precedent Clause in Contracts

Other Conditions Precedent. The occurrence of each Credit Event (including the making of each Advance by Lessor and the funding of each Advance by the Participants) is subject to the further conditions that, on the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct: (a) The representations and warranties of Lessee set forth in Paragraph 4.01 and in the other Operative Documents are true and correct in all material respects as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true as of such date); (b) No Default has occurred and is continuing or will result from such Credit Event; and (c) All of the Operative Documents are in full force and effect. The submission by Lessee to Lessor and Agent of each Advance Request, each Notice of Rental Period Selection and a Notice of Marketing Option Exercise shall be deemed to be a representation and warranty by Lessee that each of the statements set forth above in this Paragraph 3.03 is true and correct as of the date of such request and notice.

Appears in 5 contracts

Sources: Participation Agreement (Novellus Systems Inc), Participation Agreement (Novellus Systems Inc), Participation Agreement (Novellus Systems Inc)

Other Conditions Precedent. The occurrence of each Credit Event (including the making of each Advance by Lessor and the funding of each Advance by the Participants) is subject to the further conditions that, on the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct: (a) The representations and warranties of Lessee set forth in Paragraph 4.01 and in the other Operative Documents are true and correct in all material respects as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true as of such date); ; (b) No Default has occurred and is continuing or will result from such Credit Event; and and (c) All of the Operative Documents are in full force and effect. The submission by Lessee to Lessor and Agent of each Advance Request, each Notice of Rental Period Selection and a Notice of Marketing Option Exercise shall be deemed to be a representation and warranty by Lessee that each of the statements set forth above in this Paragraph 3.03 is true and correct as of the date of such request and notice.

Appears in 1 contract

Sources: Participation Agreement (Etec Systems Inc)

Other Conditions Precedent. The occurrence of each Credit Event (including the making of each Advance by Lessor and the funding of each Advance by the Participants) is subject to the further conditions that, on the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct: (a) The representations and warranties of Lessee set forth in Paragraph 4.01 and in the other Operative Documents are true and correct in all material respects as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true as of such date); (b) No Default has occurred and is continuing or will result from such Credit Event; and (c) All of the Operative Documents are in full force and effect. The submission by Lessee to Lessor and Agent of each Advance Request, each Notice of Rental Period Selection and a Notice of Marketing Option Exercise shall be deemed to be a representation and warranty by Lessee that each of the statements set forth above in this Paragraph 3.03 3.04 is true and correct as of the date of such request and notice.

Appears in 1 contract

Sources: Participation Agreement (Novellus Systems Inc)

Other Conditions Precedent. The occurrence of each Credit Event (including the making of each the Acquisition Advance by Lessor and the funding of each the Acquisition Advance by the Participants) is subject to the further conditions that, on the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct: (a) The representations and warranties of Lessee set forth in Paragraph 4.01 and in the other Operative Documents are true and correct in all material respects as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true as of such date); (b) No Default has occurred and is continuing or will result from such Credit Event; and (c) All of the Operative Documents are in full force and effect. The submission by Lessee to Lessor and Agent of each Advance Request, each Notice of Rental Period Selection the Acquisition Request and a Notice of Marketing Return Option Exercise shall be deemed to be a representation and warranty by Lessee that each of the statements set forth above in this Paragraph 3.03 3.02 is true and correct as of the date of such request and notice.

Appears in 1 contract

Sources: Participation Agreement (Silicon Valley Group Inc)

Other Conditions Precedent. The occurrence of each Credit Event (including the making of each Advance by Lessor and the funding of each Advance by the Participants) is subject to the further conditions that, on the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct: (a) The representations and warranties of Lessee set forth in Paragraph 4.01 and in the other Operative Documents are true and correct in all material respects as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true as of such date); (b) No Default has occurred and is continuing or will result from such Credit Event; and (c) All of the Operative Documents are in full force and effect. The submission by Lessee to Lessor and Agent of each Advance Request, each Notice of Rental Period Selection Request and a Notice of Marketing Option Exercise shall be deemed to be a representation and warranty by Lessee that each of the statements set forth above in this Paragraph 3.03 3.04 is true and correct as of the date of such request and notice.

Appears in 1 contract

Sources: Participation Agreement (Kla Tencor Corp)