Additional Conditions to Loans. If such Extension of Credit is made pursuant to Section 2.1 or 2.2, all conditions set forth in such Section, as applicable, shall have been satisfied. Each request for an Extension of Credit and each acceptance by the Borrower of an Extension of Credit shall be deemed to constitute a representation and warranty by the Borrower as of the date of such Extension of Credit that the applicable conditions in this Section 5.2 have been satisfied.
Additional Conditions to Loans. If a Loan is requested, the Administrative Agent shall have received a Notice of Borrowing with respect to such Loans in accordance with this Agreement.
Additional Conditions to Loans. All conditions set forth in Section 2.1, including delivery of an executed Notice of Borrowing, shall have been satisfied, and all of the conditions set forth in Section 5.1 shall have been, and shall remain, satisfied, and the Borrower shall have certified the satisfaction of all such conditions precedent by its delivery of a Notice of Borrowing.
Additional Conditions to Loans. If such Loan is made pursuant to Section 2.1, all conditions set forth in such Section shall have been satisfied.
Additional Conditions to Loans. If such Loan is made pursuant to Section 2.1, all conditions set forth in such Section shall have been satisfied. Each request for a Loan and each acceptance by the Borrower of any such Loan shall be deemed to constitute a representation and warranty by the Borrower as of the date of such Loan that the applicable conditions in paragraphs (a) through (f) of this Section have been satisfied.
Additional Conditions to Loans. The obligations of Lenders to make the Loans on the Closing Date are subject to the following further conditions precedent:
A. Administrative Agent shall have received before the Closing Date, in accordance with the provisions of subsection 2.1B, an originally executed Notice of Borrowing, in each case signed by the chief executive officer, the chief financial officer or the treasurer of Company or by any executive officer of Company designated by any of the above-described officers on behalf of Company in a writing delivered to Administrative Agent.
B. As of the Closing Date:
(i) The representations and warranties contained herein and in the other Loan Documents shall be true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date;
(ii) No event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Notice of Borrowing that would constitute an Event of Default or a Potential Event of Default;
(iii) Company shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date;
(iv) No order, judgment or decree of any court, arbitrator or governmental authority shall purport to enjoin or restrain any Lender from making the Loans to be made by it on the Closing Date;
(v) The making of the Loans requested on the Closing Date shall not violate any law including, without limitation, Regulation G, Regulation T, Regulation U or Regulation X of the Board of Governors of the Federal Reserve System; and
(vi) There shall not be pending or, to the knowledge of Company, threatened, any action, suit, proceeding, governmental investigation or arbitration against or affecting Company or any of its Subsidiaries or any property of Company or any of its Subsidiaries that has not been disclosed by Company in writing pursuant to subsection 5.6 or 6.1(x) prior to the making of the last preceding Loans (or, in the case of the initial Loans, prior to the execution of this Agreement), and there shall have occurred no development not so disclosed in any such action, suit, proceeding, gover...
Additional Conditions to Loans. The agreement of the Lender to make each Loan from time to time requested to be made hereunder is subject to the satisfaction, immediately prior to or concurrently with the making of such Loan, of the following: (i) the following statements shall be true and the Borrower’s acceptance of the proceeds of such Loan shall be deemed to be a representation and warranty of the Borrower, on the date of such Loan, that: (A) the representations and warranties contained in this Agreement and each certificate or other writing delivered to the Lender in connection herewith are correct on and as of such date in all material respects as though made on and as of such date; (B) no Default or Event of Default has occurred and is continuing or would result from the making of the Loan to be made on such date; and (C) the aggregate amount of such Loan and all outstanding Loans does not exceed the lesser of (1) the aggregate amount of Reimbursable Amounts already approved by DDS or (2) amounts certified by DDS to the Borrower as payable to the Borrower under its DDS approved Budget and, in either case as demonstrated the Lender in writing and (ii) the making of such Loan shall not contravene any law, rule or regulation applicable to the Lender or the Borrower.
Additional Conditions to Loans. If a Loan is requested, all requirements set forth in Sections 2.1(b)(i) and 2.1(b)(ii) shall have been satisfied.
Additional Conditions to Loans. If at any time after the Second Amendment Effective Date and prior to the repayment in full of the 8-3/4% Senior Subordinated Notes and the 10-7/8% Senior Subordinated Notes any Borrower desires to incur any Loans, then as a condition precedent to the incurrence of such Loans, the Company shall have first delivered to the Administrative Agent a satisfactory (to the Administrative Agent) legal opinion and certificate of its Chief Financial Officer, Treasurer of Controller, each in form and scope satisfactory to the Administrative Agent, demonstrating in reasonable detail that such Loans may be incurred without violating the terms of the 8-3/4% Senior Subordinated Notes Indenture and the 10-7/8% Senior Subordinated Notes Indenture.
Additional Conditions to Loans. In addition to the conditions precedent set forth in Section 3.1 hereof, the obligation of the Lender to make any Loan to be made by it hereunder on the date of the initial Loan respecting any Vessel that is not a new building Vessel or on the date of the final Loan respecting the completion and final delivery to the Company of any new building Vessel with respect to which prior Loans have been advanced shall be subject to the fulfillment of the following conditions precedent on or prior to the date of such Loan (each document referred to hereafter being in form and substance satisfactory to Lender and its counsel):
