Additional Conditions to Borrowing Sample Clauses

Additional Conditions to Borrowing. The obligation of each Lender to make its Loan hereunder is also subject to further conditions precedent that both immediately prior to the making of such Loan and also after giving effect thereto and to the intended use thereof: (A) no Default shall have occurred and be continuing; (B) the representations and warranties made by the Borrower and the Guarantors in Section 8 hereof shall be true on and as of the date of such Loan and immediately after giving effect to the application of the proceeds thereof with the same force and effect as if made on and as of such date (or, in the case of any representation and warranty that expressly relates to a specific date, as of such specific date); (C) the Administrative Agent shall have received the Notes evidencing the Loans in accordance with Section 2.05 hereof; (D) the Administrative Agent shall have received the Notice of Borrowing in accordance with Section 2.02 hereof; and (E) the Administrative Agent shall have received irrevocable instructions signed by the Borrower, in form and substance satisfactory to the Administrative Agent, as to the remittance by the Administrative Agent of the proceeds of the Loans (such instructions to be consistent with the provisions of Section 2.01(b) hereof). The Notice of Borrowing by the Borrower hereunder shall constitute a certification by the Borrower to the effect that the conditions set forth in clauses (A) and (B) of this Section 6.02 have been fulfilled (both as of the date of such notice and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of the Borrowing, as of the date of the Borrowing).
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Additional Conditions to Borrowing. The obligation of each Lender to make its Loan on the Borrowing Date is also subject to the following conditions precedent that (i) at least three (3) Business Days prior to the Borrowing Date, the Borrower shall have delivered to the Administrative Agent the Notice of Borrowing in accordance with Section 2.02 hereof, together with a true and correct copy of Exchange Form No. 6 (Registration of Foreign Indebtedness) in connection with the Loans, duly and timely filed and registered with Banco de la República de Colombia, (ii) on or prior to the Borrowing Date, the Borrower shall have delivered to the Administrative Agent a duly executed certificate of the Borrower, in substantially the form of Exhibit D hereto, (iii) on or prior to the Borrowing Date, the Borrower shall have delivered, for the account of such Lender (to the extent that it has requested the same), a duly executed Note payable to the order of such Lender in the principal amount of the Loan of such Lender, (iv) on or prior to the Borrowing Date, the Borrower shall have delivered to the Administrative Agent evidence, in form and substance satisfactory to the Lenders, of the receipt by the Borrower of at least 2,000,000,000,000 Colombian pesos in net proceeds from a debt issuance which is mandatorily convertible into equity of the Borrower, (v) on or prior to the Borrowing Date, the Administrative Agent shall have received payment by or on behalf of the Borrower of all documented fees and expenses of the Administrative Agent, the Lead Arrangers and the Lenders and of the expenses under Section 11.03 hereof (including, without limitation, the reasonable fees and expenses of counsel to the Administrative Agent, in connection with the negotiation, preparation, execution and delivery of the Loan Documents and the making of the Loans hereunder, and also including all stamp taxes or similar taxes in connection with the Loan Documents), in each case to the extent then due and payable, (vi) on or prior to the Borrowing Date, the Administrative Agent shall have received: (A) an opinion, dated as of the Borrowing Date, of Xxxxxx & Xxxxxxxxx, special Colombian counsel to the Borrower, in substantially the form of Exhibit E hereto; (B) an opinion, dated as of the Borrowing Date, of Xxxxx Xxxx & Xxxxxxxx LLP, special New York counsel to the Borrower, in substantially the form of Exhibit F hereto; (C) an opinion, dated as of the Borrowing Date, of Brigard & Xxxxxxx, special Colombian counsel to the Administr...
Sample 1
Additional Conditions to Borrowing. The obligation of each Lender to make any Borrowing is subject to the following conditions precedent: (a) The representations and warranties of the Borrower and each other Loan Party contained in Article VI or any other Investment Document, or which are contained in any document furnished at any time under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, except that (x) any such representation and warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects on and as of the date of such Borrowing and (y) to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date (except that any such representation and warranty that is qualified by materiality or by reference to Material Adverse Effect shall be true and correct in all respects as of such earlier date). (b) No Default shall exist, or would result from such Borrowing or from the application of the proceeds thereof. (c) The Administrative Agent shall have received a Loan Notice in accordance with the requirements hereof. Each Loan Notice submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 5.02(a) and (b) have been satisfied on and as of the date of the applicable Borrowing.
Sample 1
Additional Conditions to Borrowing. The obligation of each Lender to fund the Borrowing shall be subject to the satisfaction of each of the conditions precedent set forth in this Section.
Sample 1
Additional Conditions to Borrowing. The obligation of each Lender to make its Loan is also subject to further conditions precedent that the Administrative Agent or the applicable Lenders shall have received the Notes in accordance with Section 2.06 and that both immediately prior to the making of such Loan and after giving effect thereto and to the intended use of proceeds thereof: (a) no Default shall have occurred and be continuing; and (b) the representations and warranties made by the Obligors in each of the Loan Documents shall be true in all material respects on and as of the Closing Date and immediately after giving effect to the application of the proceeds of the Borrowing with the same force and effect as if made on and as of such date (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true in all material respects as of such earlier date). The giving of the Notice of Borrowing shall constitute a certification by the Borrower to the effect that the conditions set forth in this Section 6.02 have been fulfilled as of the Closing Date.
Sample 1
Additional Conditions to Borrowing. Except as otherwise expressly provided herein, no Lender shall be obligated to fund any portion of the Term Loan, if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any other Loan Document is untrue or incorrect in any material respect (without duplication of any materiality qualifier contained therein) as of such date, except to the extent that such representation or warranty expressly relates to an earlier date (in which event such representation or warranty was untrue or incorrect in any material respect (without duplication of any materiality qualifier contained therein) as of such earlier date); or (b) any Default or Event of Default has occurred and is continuing or would result after giving effect to the Term Loan.
Sample 1

Related to Additional Conditions to Borrowing

  • Conditions to Borrowing The Bank will not be obligated to make (or continue to make) advances hereunder unless (i) the Bank has received executed originals of the Note and all other documents or agreements applicable to the loans described herein, including but not limited to the documents specified in Article III (collectively with this Agreement the “Loan Documents”), in form and content satisfactory to the Bank; (ii) if the loan is secured, the Bank has received confirmation satisfactory to it that the Bank has a properly perfected security interest, mortgage or lien, with the proper priority; (iii) the Bank has received certified copies of the Borrower’s governance documents and certification of entity status satisfactory to the Bank and all other relevant documents; (iv) the Bank has received a certified copy of a resolution or authorization in form and content satisfactory to the Bank authorizing the loan and all acts contemplated by this Agreement and all related documents, and confirmation of proper authorization of all guaranties and other acts of third parties contemplated hereunder; (v) if required by the Bank, the Bank has been provided with an Opinion of the Borrower’s counsel in form and content satisfactory to the Bank confirming the matters outlined in Section 2.2 and such other matters as the Bank requests; (vi) no default exists under this Agreement or under any other Loan Documents, or under any other agreements by and between the Borrower and the Bank; and (vii) all proceedings taken in connection with the transactions contemplated by this Agreement (including any required environmental assessments), and all instruments, authorizations and other documents applicable thereto, are satisfactory to the Bank and its counsel.

  • Additional Conditions to Revolving Loans If a Revolving Loan is requested, all conditions set forth in Section 2.1 shall have been satisfied.

  • Conditions Precedent to Borrowing The obligation of the Liquidity Provider to make an Advance on the occasion of each Borrowing shall be subject to the conditions precedent that the Effective Date shall have occurred and, prior to the date of such Borrowing, the Borrower shall have delivered a Notice of Borrowing which conforms to the terms and conditions of this Agreement and has been completed as may be required by the relevant form of the Notice of Borrowing for the type of Advances requested.

  • CONDITIONS TO BORROWINGS The obligations of each Lender to make Advances to Borrower hereunder is subject to the satisfaction of the following conditions:

  • Additional Conditions to Letters of Credit If the issuance of a Letter of Credit is requested, all conditions set forth in Section 2.3 shall have been satisfied.

  • Conditions to Initial Extension of Credit The agreement of each Lender to make the initial extension of credit requested to be made by it is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Closing Date, of the following conditions precedent:

  • Conditions Precedent to Borrowings 5.1 Conditions Precedent to the Initial Borrowing of TBC 37 5.2 Conditions Precedent to Each Committed Borrowing of TBC 38 5.3 Conditions Precedent to Each Bid Borrowing of TBC 38 5.4 Conditions Precedent to the Initial Borrowing of a Subsidiary Borrower 39 5.5 Conditions Precedent to Each Committed Borrowing of a Subsidiary Borrower 39 5.6 Conditions Precedent to Each Bid Borrowing of a Subsidiary Borrower 40

  • Conditions Precedent to Each Borrowing The obligation of each Bank to make an Advance on the occasion of each Borrowing to any Borrower (including the initial Borrowing) shall be subject to the further conditions precedent that on the date of such Borrowing: (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing and the acceptance by a Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by such Borrower that on the date of such Borrowing such statements are true): (i) The representations and warranties contained in Section 4.01 (excluding those contained in the second sentence of subsection (e) and in subsection (f) thereof), and if such Borrowing is by CFSC, CIF or CFKK, Section 4.02, are correct on and as of the date of such Borrowing, 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, and (ii) No event has occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default with respect to any Borrower; and (b) the Agent shall have received such other approvals, opinions or documents as any Bank through the Agent may reasonably request.

  • Conditions to Each Extension of Credit The agreement of each Lender to make any extension of credit requested to be made by it on any date (including its initial extension of credit) is subject to the satisfaction of the following conditions precedent:

  • Conditions Precedent to Initial Borrowing The initial Borrowing under this Agreement is subject to the satisfaction of the following conditions precedent, except as otherwise agreed between the Borrower and the Administrative Agent.

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