ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES Sample Clauses

ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that: (a) the following statements shall be true and correct (and the delivery by the Lessee and the Member of the Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all material respects on and as of date of the execution and delivery of this Agreement, at the time of each Advance, and as of each date until the Obligations are satisfied in full; and (ii) No event has occurred and is continuing which constitutes a Default or an Event of Default under any of the Transaction Documents; and (b) BCC shall have received such other opinions or documents as BCC may request in BCC's sole discretion.
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ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. Lender's obligations to ------------------------------------------- make advances hereunder (other than the first and advances requested prior to Lender's inspection of the Collateral in accordance with Paragraph 7A(a) below) shall be subject to, in addition to the conditions specified above the following: (a) Borrower agrees to permit Lender to visit its properties to conduct a collateral review within thirty (30) days from the date hereof In the event Lender determines, in its sole and absolute discretion, that the Collateral is not satisfactory, Lender shall have no further obligation to make any advances hereunder, and the entire principal amount outstanding under the Revolving Line of Credit shall become due and payable upon Lender's written notice to Borrower. If Lender determines, after its collateral review conducted in accordance with this Paragraph 7A, that the Collateral is not satisfactory, Lender shall notify Borrower, in writing, within three (3) business days after completing such collateral review of the reasons for Lender's determination that the Collateral is not satisfactory and provide Borrower a reasonable opportunity to resolve such deficiencies and/or problems; provided that during such period of time, Lender shall have no obligations to make any advances hereunder. If Borrower is able to resolve such deficiencies and/or problems to the satisfaction of Lender within thirty (30) days after delivery of such notification, then Borrower shall recommence making advances to Borrower in accordance with this Loan Agreement and the other Loan Documents. (l) Within thirty (30) days from the date hereof, Borrower shall have delivered to Lender a fully executed Lessor's Acknowledgment and Subordination in form and substance satisfactory to Lender in accordance with Section 4(e) of the Security Agreement. (m) Within thirty (30) days from the date hereof, Borrower, Lender and Successor Servicer shall have entered into a servicing agreement in form and substance satisfactory to Lender.
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that the following statements shall be true and correct (and the delivery by the Lessee and the Member of the Note and the other Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that: The following statements shall be true and correct (and the delivery by the Lessee and the Member of the Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all material respects on and as of date of the execution and delivery of this Agreement, at the time of each Advance, and as of each date until the Obligations are satisfied in full; and
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The Banks shall be obligated to make an Advance only upon satisfaction by Borrower of the following additional conditions precedent, as determined by Administrative Agent in its sole and absolute discretion:
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligations of Lenders to make the Advances are also subject to the further conditions precedent that:
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of each Lender to make its Advance shall be subject to the further conditions precedent that on the date of the Advance: (a) the representations and warranties contained in Article IV are correct on and as of the date of the Advance as though made on and as of such date, except to the extent that such representations and warranties relate solely to an earlier date; and (b) no event has occurred and is continuing, or would result from the Advance, which constitutes a Default or an Event of Default.
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ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligations of Lenders to make the Advances are also subject to the further conditions precedent that: (a) (x) no Default under subsections (a), (b)(i), (e) or (f) of Section 10.1, (y) no other Default as to which the Agent has given the Borrower notice and (z) no Event of Default, shall exist as of the date of the making of such Advance or would exist immediately after giving effect thereto; (b) Intentionally Omitted; (c) Intentionally Omitted; (d) the representations and warranties made or deemed made by the Parent, the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall be true and correct on and as of the date of the making of such Advance with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder; and (e) the Agent shall have received a timely Notice of Borrowing. The occurrence of each Credit Event shall constitute a certification by the Borrower to the effect set forth in the immediately preceding subsections (a), (d) and (e) (both as of the date of the giving of notice relating to such Credit Event and, unless the Borrower otherwise notifies the Agent prior to the date of such Credit Event, as of the date of the occurrence of such Credit Event). In addition, the Borrower shall be deemed to have represented to the Agent and the Lenders at the time such Advance is made that to the best of the Borrower's knowledge all conditions to the making of such Advance contained in this Article V. have been satisfied.
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to
ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that the following statements shall be true and correct (and the delivery by the Lessee and the Member of the Notes and the other Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all material respects on and as of date of the execution and delivery of this Agreement, at the time of each Advance, and as of each date until the Obligations are satisfied in full; and (ii) No event has occurred and is continuing which constitutes a Default or an Event of Default on the part of the Lessee or the Member under any of the Transaction Documents.
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