Additional Conditions Precedent to Each A Borrowing. The obligation of each Bank to make an A Advance to a Borrower on the occasion of any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that on the date of such A Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by such Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by such Borrower that on the date of such A Borrowing such statements are true): (i) The representations and warranties contained in Section 4.01 pertaining to such Borrower and its Subsidiaries are correct in all material respects on and as of the (ii) No event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both, and (iii) After giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, the aggregate principal amount of all Advances will not exceed the aggregate of the Commitments of the Banks to TWC (computed without regard to any B Reduction); and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.
Appears in 3 contracts
Samples: Credit Agreement (Williams Communications Group Inc), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Communications Group Inc)
Additional Conditions Precedent to Each A Borrowing. The obligation of each Bank to make an A Advance to a Borrower on the occasion of any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that on the date of such A Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by such the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such A Borrowing such statements are true):
(i) The representations and warranties contained in Section 4.01 4.1 pertaining to such the Borrower and its Subsidiaries are correct in all material respects on and as of thethe date of such A Borrowing, before and after giving effect to such A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date,
(ii) No event has occurred and is is, continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both, and
(iii) After giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, the aggregate principal amount of all Advances will not exceed the aggregate of the Commitments of the Banks to TWC (computed without regard to any B Reduction); and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.
Appears in 1 contract
Samples: Credit Agreement (Williams Holdings of Delaware Inc)
Additional Conditions Precedent to Each A Borrowing. The obligation of each Bank to make an A Advance to a Borrower on the occasion of any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that on the date of such A Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by such the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such A Borrowing such statements are true):
(ia) The representations and warranties contained in Section 4.01 4.1 pertaining to such the Borrower and its Subsidiaries are correct in all material respects on and as of thethe date of such A Borrowing, before and after giving effect to such A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date,
(iib) No event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both, and
(iiic) After giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, the aggregate principal amount of all Advances will not exceed the aggregate of the Commitments of the Banks to TWC (computed without regard to any B Reduction); and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.
Appears in 1 contract
Additional Conditions Precedent to Each A Borrowing. The obligation of each Bank to make an A Advance to a Borrower on the occasion of any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that on the date of such A Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by such the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such A Borrowing such statements are true):
(i) The representations and warranties contained in Section 4.01 pertaining to such Borrower and its Subsidiaries are correct in all material respects on and as of thethe date of such A Borrowing, before and after giving effect to such A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date,
(ii) No event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both, and
(iii) After giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, the aggregate principal amount of all Advances will not exceed the aggregate of the Commitments of the Banks to TWC (computed without regard to any B Reduction); and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.
Appears in 1 contract
Samples: Credit Agreement (Williams Holdings of Delaware Inc)
Additional Conditions Precedent to Each A Borrowing. The obligation of each Bank to make an A Advance to a Borrower on the occasion of any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that on the date of such A Borrowing (a) a the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by such the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such A Borrowing such statements are true):
(i) i The representations and warranties contained in Section 4.01 4.1 pertaining to such the Borrower and its Subsidiaries are correct in all material respects on and as of thethe date of such A Borrowing, before and after giving effect to such A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date,
(ii) ii No event has occurred and is is, continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both, and
(iii) iii After giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, the aggregate principal amount of all Advances will not exceed the aggregate of the Commitments of the Banks to TWC (computed without regard to any B Reduction); and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.
Appears in 1 contract
Additional Conditions Precedent to Each A Borrowing. The obligation of each Bank to make an A Advance to a Borrower on the occasion of any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that on the date of such A Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by such Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by such Borrower that on the date of such A Borrowing such statements are true):
(ia) The representations and warranties contained in Section 4.01 and each of the L/C Collateral Documents pertaining to such Borrower and its Subsidiaries are correct in all material respects on and as of thethe date of such A Borrowing, before and after giving effect to such A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date;
(iib) No event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both, ; and
(iiic) After giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, the aggregate principal amount of all Advances will not exceed the aggregate of the Commitments of the Banks to TWC (computed without regard to any B Reduction); and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.
Appears in 1 contract