Additional Borrowing Conditions. The funding by the Lenders of the Borrowing to occur on or after the Closing Date (such date of funding, the “Funding Date”) is additionally subject to the satisfaction of the following conditions: (a) the Administrative Agent shall have received a written Borrowing Request in accordance with the requirements of Section 2.03(a), with a copy to the Initial Lender; (b) the representations and warranties of the Credit Parties set forth in this Agreement and in any other Loan Document shall be true and correct in all material respects (or, in the case of any such representation or warranty already qualified by materiality, in all respects) on and as of the Funding Date (or, in the case of any such representation or warranty expressly stated to have been made as of a specific date, as of such specific date); (c) no Default shall have occurred and be continuing or would result from such Borrowing or from the application of proceeds thereof; (d) on the date of the funding of such Borrowing (and after giving pro forma effect thereto and the pledge of any Additional Collateral), the Collateral Coverage Ratio shall not be less than
Appears in 2 contracts
Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement
Additional Borrowing Conditions. The funding by the Lenders of the Borrowing to occur on or after the Closing Date (such date of funding, the “Funding Date”) is additionally subject to the satisfaction of the following conditions:
(a) the Administrative Agent shall have received a written Borrowing Request in accordance with the requirements of Section 2.03(a), with a copy to the Initial Lender;
(b) the representations and warranties of the Credit Parties set forth in this Agreement and in any other Loan Document shall be true and correct in all material respects (or, in the case of any such representation or warranty already qualified by materiality, in all respects) on and as of the Funding Date date of such Borrowing (or, in the case of any such representation or warranty expressly stated to have been made as of a specific date, as of such specific date);
(c) no Default shall have occurred and be continuing or would result from such Borrowing or from the application of proceeds thereof;
(d) on the date of the funding of such Borrowing (and after giving pro forma effect thereto and the pledge of any Additional Collateral), the Collateral Coverage Ratio shall not be less than
Appears in 2 contracts
Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement
Additional Borrowing Conditions. The funding by the Lenders of the Borrowing to occur on or after the Closing Date (such date of funding, the “Funding Date”) is additionally subject to the satisfaction of the following conditions:conditions:
(a) the Administrative Agent shall have received a written Borrowing Request in accordance with the requirements of Section 2.03(a), with a copy to the Initial Lender;
(b) the representations and warranties of the Credit Parties set forth in this Agreement and in any other Loan Document shall be true and correct in all material respects (or, in the case of any such representation or warranty already qualified by materiality, in all respects) on and as of the Funding Date date of such Borrowing (or, in the case of any such representation or warranty expressly stated to have been made as of a specific date, as of such specific date);date);
(c) no Default shall have occurred and be continuing or would result from such Borrowing or from the application of proceeds thereof;thereof;
(d) on the date of the funding of such Borrowing (and after giving pro forma effect thereto and the pledge of any Additional Collateral), the Collateral Coverage Ratio shall not be less than
Appears in 1 contract
Samples: Loan and Guarantee Agreement
Additional Borrowing Conditions. The funding by the Lenders of the Borrowing to occur on or after the Closing Date (such date of funding, the “Funding Date”) is additionally subject to the satisfaction of the following conditions:conditions:
(a) the Administrative Agent shall have received a written Borrowing Request in accordance with the requirements of Section 2.03(a), with a copy to the Initial Lender;
(b) the representations and warranties of the Credit Parties set forth in this Agreement and in any other Loan Document shall be true and correct in all material respects (or, in the case of any such representation or warranty already qualified by materiality, in all respects) on and as of the Funding Date date of such Borrowing (or, in the case of any such representation or warranty expressly stated to have been made as of a specific date, as of such specific date);
(c) no Default shall have occurred and be continuing or would result from such Borrowing or from the application of proceeds thereof;
(d) on the date of the funding of such Borrowing (and after giving pro forma effect thereto and the pledge of any Additional Collateral), the Collateral Coverage Ratio shall not be less than
Appears in 1 contract
Samples: Loan and Guarantee Agreement
Additional Borrowing Conditions. The funding by the Lenders of the Borrowing to occur on or after the Closing Date (such date of funding, the “Funding Date”) is additionally subject to the satisfaction of the following conditions:conditions:
(a) the Administrative Agent shall have received a written Borrowing Request in accordance with the requirements of Section 2.03(a), with a copy to the Initial Lender;Lender;
(b) the representations and warranties of the Credit Parties set forth in this Agreement and in any other Loan Document shall be true and correct in all material respects (or, in the case of any such representation or warranty already qualified by materiality, in all respects) on and as of the Funding Date date of such Borrowing (or, in the case of any such representation or warranty expressly stated to have been made as of a specific date, as of such specific date);
(c) no Default shall have occurred and be continuing or would result from such Borrowing or from the application of proceeds thereof;thereof;
(d) on the date of the funding of such Borrowing (and after giving pro forma effect thereto and the pledge of any Additional Collateral), the Collateral Coverage Ratio shall not be less than
Appears in 1 contract
Samples: Loan and Guarantee Agreement