Common use of Additional Conditions Precedent to All Advances Clause in Contracts

Additional Conditions Precedent to All Advances. Each Advance shall be subject to the further conditions precedent that: (a) On the related Funding Date, the Borrower or the Manager, as the case may be, shall have certified in the related Borrower Notice that: (i) The representations and warranties set forth in Sections 4.1, 4.2 and 7.5 are true and correct on and as of such date, before and after giving effect to such borrowing and to the application of the proceeds therefrom, as though made on and as of such date (except to the extent such representations and warranties expressly relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (ii) No event has occurred, or would result from such Advance or from the application of the proceeds therefrom, that constitutes an Event of Default or a Default. (b) The Termination Date shall not have occurred; and (c) Before and after giving effect to such borrowing and to the application of proceeds therefrom (i) each of the Collateral Tests shall be satisfied, as calculated on such date and (ii) the sum of Advances Outstanding and the Unfunded Exposure Amount shall not be greater than the Facility Amount.

Appears in 2 contracts

Samples: Credit, Security and Management Agreement (Saratoga Investment Corp.), Credit, Security and Management Agreement (GSC Investment Corp.)

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Additional Conditions Precedent to All Advances. Each Advance shall be subject to the further conditions precedent that: (a) On the related Funding Date, the Borrower or the Managerinitial Servicer, as the case may be, shall have certified in the related Borrower Notice that: (i) The representations and warranties set forth in Sections 4.1, 4.2 4.1 and Section 7.5 are true and correct on and as of such date, before and after giving effect to such borrowing and to the application of the proceeds therefrom, as though made on and as of such date (except to the extent such representations and warranties expressly relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (ii) No event has occurred, or would result from such Advance or from the application of the proceeds therefrom, that constitutes an Event of Default or a an Default. (b) The Termination Date shall not have occurred; and; (c) Before and after giving effect to such borrowing and to the application of proceeds therefrom (i) each of the Collateral Tests Borrowing Base Test shall be satisfied, as calculated on such date and (ii) the sum of Advances Outstanding and the Unfunded Exposure Drawn Amount shall not be greater than the Facility Amount; (d) After giving effect to such borrowing and to the application of proceeds therefrom the Collateral Quality Tests shall be satisfied, as calculated on such date; and (e) The Required Equity Investment shall be maintained.

Appears in 1 contract

Samples: Credit Agreement (GSC Investment Corp.)

Additional Conditions Precedent to All Advances. Each Advance shall be subject to the further conditions precedent that: (a) On the related Funding Date, the Borrower or the ManagerServicer, as the case may be, shall have certified in the related Borrower Notice that: (i) The representations and warranties set forth in Sections 4.1, 4.2 4.1 and 7.5 7.8 are true and correct on and as of such date, before and after giving effect to such borrowing and to the application of the proceeds therefrom, as though made on and as of such date (except to the extent such representations and warranties expressly relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (ii) No event has occurred, or would result from such Advance or from the application of the proceeds therefrom, that constitutes an Early Termination Event of Default or a Defaultan Unmatured Termination Event. (b) The Termination Date shall not have occurred; and; (c) Before and after giving effect to such borrowing and to the application of proceeds therefrom (i) each of therefrom, the Collateral Tests Quality Test shall be satisfied, as calculated on such date date; (d) Before and (ii) after giving effect to such borrowing and to the sum application of Advances Outstanding and proceeds therefrom, the Unfunded Exposure Amount Borrowing Base Test shall not be greater than the Facility Amount.satisfied, as calculated on such date;

Appears in 1 contract

Samples: Fifth Amended and Restated Credit Agreement (Gladstone Investment Corporation\de)

Additional Conditions Precedent to All Advances. Each Advance shall be subject to the further conditions precedent that: (a) On the related Funding Date, the Borrower or the ManagerServicer, as the case may be, shall have certified in the related Borrower Notice that: (i) The representations and warranties set forth in Sections 4.1, 4.2 4.1 and 7.5 7.8 are true and correct on and as of such date, before and after giving effect to such borrowing and to the application of the proceeds therefrom, as though made on and as of such date (except to the extent such representations and warranties expressly relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (ii) No event has occurred, or would result from such Advance or from the application of the proceeds therefrom, that constitutes an Early Termination Event of Default or a Defaultan Unmatured Termination Event. (b) The Termination Date shall not have occurred; and; (c) Before and after giving effect to such borrowing and to the application of proceeds therefrom (i) each of the Collateral Tests Quality Test shall be satisfied, as calculated on such date date; (d) Before and (ii) after giving effect to such borrowing and to the sum application of Advances Outstanding and proceeds therefrom the Unfunded Exposure Amount Borrowing Base Test shall not be greater than the Facility Amount.satisfied, as calculated on such date;

Appears in 1 contract

Samples: Credit Agreement (Gladstone Capital Corp)

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Additional Conditions Precedent to All Advances. Each Advance shall be subject to the further conditions precedent that: (a) On the related Funding Date, the Borrower or the ManagerServicer, as the case may be, shall have certified in the related Borrower Notice that: (i) The representations and warranties set forth in Sections 4.1, 4.2 4.1 and 7.5 7.8 are true and correct in all material respects on and as of such date, before and after giving effect to such borrowing and to the application of the proceeds therefrom, as though made on and as of such date (except to the extent such representations and warranties expressly relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (ii) No event has occurred, or would result from such Advance or from the application of the proceeds therefrom, that constitutes an Early Termination Event of Default or a Defaultan Unmatured Termination Event. (b) The Termination Date shall not have occurred; and; (c) Before and after giving effect to such borrowing and to the application of proceeds therefrom (i) each of the Collateral Tests Quality Test shall be satisfied, as calculated on such date date; (d) Before and (ii) after giving effect to such borrowing and to the sum application of Advances Outstanding and proceeds therefrom the Unfunded Exposure Amount Borrowing Base Test shall not be greater than the Facility Amount.satisfied, as calculated on such date;

Appears in 1 contract

Samples: Credit Agreement (Gladstone Capital Corp)

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