Additional Condition to Lenders' Obligations. It shall be a condition to Agent's or Lenders' obligation hereunder to make any Advance or issue any Letter of Credit that the representations and warranties set forth herein and in the Collateral Security Documents shall be true and correct in all material respects as if made on the date of such Advance, that no Event of Default or Default shall have occurred and be continuing on the date of such Advance or be caused by such Advance, that all fees required pursuant to Paragraphs 2.12, 2.13 and 2.14 hereof have been paid, and there shall have been no Material Adverse Effect or event or circumstance which might reasonably be expected to cause a Material Adverse Effect.
Additional Condition to Lenders' Obligations. It shall be a condition to Lenders' obligation hereunder to make any Advance or issue any Letter of Credit that the statements made in related Borrowing Notice shall be true and correct as if made on the date of such Advance or issuance of such Letter of Credit, that no Default or Event of Default shall have occurred and be continuing on the date of such Advance or issuance of such Letter of Credit or be caused by such Advance or issuance of such Letter of Credit, that all fees required pursuant to Sections 2.12, 2.13 and 2.14 hereof have been paid as and when due, and there shall have been no material adverse change in Borrower's financial condition or business since the date hereof.
Additional Condition to Lenders' Obligations. Lenders shall not be obligated to make any Advance hereunder unless (a) no Event of Default or Default shall have occurred and be continuing on the date of such Advance or be caused by such Advance; (b) all of the representations and warranties of any Company or Guarantor set forth in the Loan Papers are true and correct in all material respects (except to the extent that (i) the representations and warranties speak to a specific date or (ii) the facts on which such representations and warranties are based have been THIRD AMENDED AND 53 RESTATED CREDIT AGREEMENT changed by transactions contemplated or permitted by the Loan Papers) and, if applicable, supplemental Schedules have been delivered with respect thereto, and when necessary, approved by Lenders; (c) all fees required pursuant to their Agreement and the Fee Letters have been paid as and when due; (d) there shall have been no material adverse change in Borrower's, any Guarantor's, or Communications' and its Restricted Subsidiaries' financial condition or business since the Effective Date; (e) the funding of such Advance and issuance of any Letter of Credit, as the case may be, is permitted by Law; (f) in the event all or any part of the proceeds of any Advance will be used to fund dividends or distributions, Agents shall have received all such certifications, financial information, and projections as Agents may reasonably; and (g) all matters relating to such Advance must be satisfactory to Required Lenders and their respective counsel in their reasonable determination, and upon the reasonable request of Administrative Agent evidence substantiating any of the matters in the Loan Papers which are necessary to enable Borrower to qualify for such Advance. Each Advance Request and Letter of Credit Agreement delivered to Administrative Agent shall constitute the representation and warranty by Borrower to Administrative Agent that the statements above are true and correct in all respects. Each condition precedent in this Agreement is material to the transactions contemplated in this Agreement, and time is of the essence in respect of each thereof. Subject to the prior approval of Required Lenders, Lender may fund any Advance, and Administrative Agent may issue any Letter of Credit, without all conditions being satisfied, but to the extent permitted by Law, the same shall not be deemed to be a waiver of the requirement that each such condition precedent be satisfied as a prerequisite for any subsequent fun...
