Common use of 2Conditions Precedent to all Credit Extensions Clause in Contracts

2Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent: (a) timely receipt of (i) the Credit Extension request and any materials and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b); (b) the representations and warranties in this Agreement shall be true, accurate, and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, and on the Funding Date of each Credit Extension, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period, and no Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement remain true, accurate, and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period; and (c) Bank determines to its satisfaction that there has not been any material impairment in the general affairs, management, results of operation, financial condition or the prospect of repayment of the Obligations, nor any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank.

2Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent: (a) timely receipt of (i) the Credit Extension request and any materials and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b); (b) the representations and warranties in this Agreement shall be true, accurate, and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, and on the Funding Date of each Credit Extension, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period, and no Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement remain true, accurate, and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period; and (c) Bank determines to its satisfaction that there has not been any material impairment in the general affairs, management, results of operation, financial condition or the prospect of repayment of the Obligations, nor any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank.

2Conditions Precedent to all Credit Extensions. Bank’s obligations The obligation of each Lender to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent: (a) timely receipt satisfaction of (i) all Applicable Funding Conditions for the applicable Credit Extension as set forth in the Credit Extension request Facility Schedule, if any, in each case each in form and any materials substance satisfactory to Agent and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b)each Lender; (b) timely receipt by Agent and each Lender of an executed Credit Extension Form in the form attached hereto; (c) ​​ (i) for Credit Extensions made on the Closing Date, the representations and warranties in this Agreement Article 5 and elsewhere in the Financing Documents shall be true, accuratecorrect and complete in all material respects on the Closing Date; provided, however, that those representations and warranties expressly referring to a specific date shall be true, correct and complete in all material respects as of such date; provided, further, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and (ii) for Credit Extensions made after the Closing Date, if any, the representations and warranties in Article 5 and elsewhere in the Financing Documents shall be true, correct and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, Form and on the Funding Date of each Credit Extension, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period, and no Event of Default shall have occurred and be continuing or result from the Credit Extensiondate. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement Article 5 and elsewhere in the Financing Documents remain true, accurate, accurate and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date date; (d) no Default or Event of Default shall have occurred and be continuing or result from the Credit Extension; (e) payment in full of the fees owed to Agent and the Lenders in connection with respect the making of the applicable Credit Extensions, including pursuant to the Fee Letters; (f) Agent shall be satisfied with the results of any searches conducted under Section 3.5; (g) receipt by Agent of such time periodevidence as Agent shall reasonably request to confirm that the deliveries made in Section 3.1 remain current, accurate and in full force and effect, or if not, updates thereto, each in form and substance satisfactory to Agent; and (ch) Bank determines to its satisfaction that as determined in such Xxxxxx’s sole but reasonable discretion, there has not been any material impairment in the general affairs, management, results of operation, financial condition or the prospect of repayment of the Obligations, nor any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by BankMaterial Adverse Change.

2Conditions Precedent to all Credit Extensions. Bank’s obligations The obligation of each Lender to make each Credit Extension, including the initial Credit Extension, is subject only to the following conditions precedent:: ​ (a) timely receipt by the Lenders of (i) the Credit Extension request and any materials and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b)Disbursement Letter substantially in the form of Exhibit B attached hereto; (b) the representations and warranties in this Agreement Section 5 hereof shall be true, accurate, accurate and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, Disbursement Letter and on the Funding Date of each Credit Extension, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time perioddate, and no Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement remain Section 5 hereof are true, accurate, accurate and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions respects as of this Agreementsuch date; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period; anddate; (c) Bank determines to its satisfaction that in such Xxxxxx’s sole but reasonable discretion, there has not been any material impairment Material Adverse Change; (d) to the extent not delivered at the Effective Date, duly executed original Secured Promissory Notes, in number, form and content reasonably acceptable to each Lender, and in favor of each Lender according to its Commitment Percentage, with respect to each Credit Extension made by such Lender after the general affairs, management, results of operation, financial condition or the prospect of repayment Effective Date; and (e) payment of the Obligations, nor any material adverse deviation by Borrower from the most recent business plan of Borrower presented to fees and accepted by BankLenders’ Expenses then due as specified in Section 2.5 hereof.

2Conditions Precedent to all Credit Extensions. Bank’s obligations The obligation of each Lender to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent: (a) timely receipt by Collateral Agent of (i) the Credit Extension request and any materials and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b)Disbursement Letter in the form of Exhibit B attached hereto; (b) the representations and warranties in this Agreement Section 5 hereof shall be true, accurate, accurate and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, Disbursement Letter and on the Funding Date of each Credit Extension, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time perioddate, and no Event of Default shall have occurred and be continuing or would result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement remain Section 5 hereof are true, accurate, accurate and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period; anddate; (c) Bank determines to its satisfaction that in such Lender’s sole but reasonable discretion, there has not been any material impairment in the general affairs, management, results of operation, financial condition Material Adverse Change or the prospect of repayment of the Obligations, nor any material adverse deviation by Borrower from the most recent business plan Annual Projections of Borrower presented to and accepted by BankCollateral Agent and each Lender; (d) to the extent not delivered at the Effective Date, duly executed original Secured Promissory Notes, in number and form substantially similar to the Secured Promissory Note(s) issued on the Effective Date, and in favor of each Lender according to its Commitment Percentage, with respect to each Credit Extension made by such Lender after the Effective Date; and (e) payment of the fees and Lenders’ Expenses then due as specified in Section 2.5 hereof.

2Conditions Precedent to all Credit Extensions. Bank’s obligations The obligation of each Lender to make each Credit Extension, including the initial Credit Extension, is subject to the following conditions precedent: (a) timely receipt by Collateral Agent of (i) the Credit Extension request and any materials and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b)Disbursement Letter in the form of Exhibit B attached hereto; (b) the representations and warranties in this Agreement Section 5 hereof shall be true, accurate, accurate and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, Disbursement Letter and on the Funding Date of each Credit Extension, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time perioddate, and no Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement remain Section 5 hereof are true, accurate, accurate and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time perioddate; and​ (c) Bank determines to its satisfaction that in such Lender’s sole but reasonable discretion, there has not been any material impairment Material Adverse Change; (d) to the extent not delivered at the Effective Date, duly executed original Secured Promissory Notes, in number, form and content acceptable to each Lender, and in favor of each Lender according to its Commitment Percentage, with respect to each Credit Extension made by such Lender after the general affairs, management, results of operation, financial condition or the prospect of repayment Effective Date; and (e) payment of the Obligations, nor any material adverse deviation by Borrower from the most recent business plan of Borrower presented to fees and accepted by BankLenders’ Expenses then due as specified in Section 2.5 hereof.

2Conditions Precedent to all Credit Extensions. Bank’s obligations to make each Credit Extension, including the initial Credit Extension, is are subject to the following conditions precedent: (a) timely receipt of (i) the Credit Extension request and any materials and documents required by Section 3.4(a) and (ii) with respect to the request for Term Loan Advances, an executed Payment/Advance Form and any materials and documents required by Section 3.4(b)Form; (b) the representations and warranties in this Agreement shall be true, accurate, and complete in all material respects on the date of the proposed Credit Extension and/or of the Payment/Advance Form, as applicable, Form and on the Funding Date of each Credit Extension, ; taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period, and no Event of Default shall have occurred and be continuing or result from the Credit Extension. Each Credit Extension is Borrower’s representation and warranty on ​ ​ that date that the representations and warranties in this Agreement remain true, accurate, and complete in all material respects, taking into account updates thereof subsequent to the Effective Date to the extent permitted by notice to the Bank by one or more specific provisions of this Agreement; provided, however, that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and provided, further that those representations and warranties expressly referring to a specific date or time period shall be true, accurate and complete in all material respects as of such date or with respect to such time period; and (c) Bank determines to its satisfaction that there has not been any material impairment in the general affairs, management, results of operation, financial condition or the prospect of repayment of the Obligations, nor ; and there has not been any material adverse deviation by Borrower from the most recent business plan of Borrower presented to and accepted by Bank.