Common use of Additional Preconditions to Loans Clause in Contracts

Additional Preconditions to Loans. Lender’s obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan: (i) the aggregate principal amount of all Revolving Loans outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit; (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers shall be in compliance with this Agreement and the other Loan Documents, and Borrowers shall have certified such matters to Lender. (c) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(c), directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool Account) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(d), directing the Obligors with respect to Government Accounts to make payment to the Government Lockbox. (e) Borrowers shall have taken all actions necessary to permit Lender to record all of the Eligible Accounts in Lender’s accounts receivable monitoring system. (f) The lockbox arrangements required by Section 2.07 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s satisfaction, as required by Section 2.07(e) hereof. (g) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (k) Borrowers shall have taken such other actions, including the delivery of documents and opinions as Lender may reasonably request.

Additional Preconditions to Loans. Lender’s obligation to make the Term Loan and the initial Revolving Credit Loan and each subsequent Revolving Credit Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Credit Loan: (i) the aggregate principal amount of all Revolving Credit Loans outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit; (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans Advances supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans Advances supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed; provided that Eligible Accounts comprised of Government Accounts which have not been billed due to a Borrower not yet obtaining an appropriate provider identification number for the nurse practitioner providing the related services and/or goods shall at no time, in the aggregate, exceed an amount equal to thirty-five percent (35%) of outstanding Advances supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers shall be in compliance with this Agreement and the other Loan Documents, and Borrowers shall have certified such matters to Lender. (c) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(c)4.2A, directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool AccountAccounts) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices; and, in the form of Exhibit 4.02(d)4.2B, directing the Obligors with respect to Government Accounts to make payment to the Government Lockbox. (ed) Borrowers shall have taken all actions necessary to permit Lender to record all of the Eligible Accounts in Lender’s accounts receivable monitoring systemValue Track System™. (fe) The lockbox arrangements required by Section 2.07 2.7 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s satisfaction, as required by Section 2.07(e2.7(d) hereof. (g) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (kf) Borrowers shall have taken such other actions, including the delivery of documents and opinions as Lender may reasonably request.

Additional Preconditions to Loans. Lender’s LENDER's obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan: (i) the aggregate principal amount of all Revolving Loans Advances outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit;effect; and (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers BORROWERS shall be deemed reaffirmed as of the making of such Revolving Loan and shall be true both before and after giving effect to such Loan, Revolving Loan and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers BORROWERS shall be in compliance with this Agreement and the other Loan Documents, and Borrowers BORROWERS shall have certified such matters to LenderLENDER. (c) Each Borrower BORROWER shall have signed and delivered to Lender LENDER notices, in the form of Exhibit 4.02(c)EXHIBIT 4.2A, directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool AccountAccounts) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices; and, in the form of Exhibit 4.02(d)EXHIBIT 4.2B, directing the Obligors with respect to Government Accounts to make payment to the Government Lockbox. (ed) Borrowers BORROWERS shall have taken all actions necessary to permit Lender LENDER to record all of the Eligible Accounts in Lender’s accounts receivable monitoring systemLENDER's Value Track System(TM). (fe) The lockbox arrangements required by Section 2.07 2.7 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s LENDER's satisfaction, as required by Section 2.07(e2.7(d) hereof. (gf) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (k) Borrowers BORROWERS shall have taken such other actions, including the delivery of documents and opinions opinions, as Lender LENDER may reasonably request.

Additional Preconditions to Loans. Lender’s 's obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan: (i) the aggregate principal amount of all Revolving Loans Advances outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limiteffect; (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans Advances supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans Advances supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers shall be in compliance with this Agreement and the other Loan Documents, and Borrowers shall have certified such matters to Lender. (c) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(c)EXHIBIT 4.2A, directing the Notice Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool AccountAccounts) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices; and, in the form of Exhibit 4.02(d)EXHIBIT 4.2B, directing the Notice Obligors with respect to Government Accounts to make payment to the Government Lockbox. (ed) Borrowers shall have taken all actions necessary to permit Lender to record all of the Eligible Accounts in Lender’s accounts receivable monitoring system's Value Track System(TM). (fe) The lockbox arrangements required by Section 2.07 2.7 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s 's satisfaction, as required by Section 2.07(e2.7(d) hereof. (g) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (kf) Borrowers shall have taken such other actions, including the delivery of documents and opinions as Lender may reasonably request.

Additional Preconditions to Loans. Lender’s 's obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan: (i) the aggregate principal amount of all Revolving Loans outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit;effect; and (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed.; (b) All representations and warranties of Borrowers shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers shall be in compliance with this Agreement and the other Loan Documents, and Borrowers shall have certified such matters to Lender. (c) Each Borrower Borrowers shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(c)4.2, directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool Account) to make payment to the Commercial Lockbox. (d) Each Borrower All of the Eligible Accounts shall have signed and delivered to Lender notices, been recorded in the form of Exhibit 4.02(d), directing the Obligors with respect to Government Accounts to make payment to the Government LockboxLender's Value Track System. (e) Borrowers shall have taken all actions necessary to permit Lender to record all of the Eligible Accounts in Lender’s accounts receivable monitoring system. (f) The lockbox arrangements required by Section 2.07 2.7 hereof shall be in effect, and the amounts received in the lockboxes Lockbox shall have been identified or reconciled to Lender’s 's satisfaction, as required by Section 2.07(e2.7(d) hereof. (g) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (kf) Borrowers shall have taken such other actions, including the delivery of documents and opinions as Lender may reasonably request.

Additional Preconditions to Loans. Lender’s obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan: (i) the aggregate principal amount of all Revolving Loans Advances outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit;effect; and (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers shall be in compliance with this Agreement and the other Loan Documents, and Borrowers shall have certified such matters to Lender. (c) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(c)4.2A, directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool AccountAccounts) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices; and, in the form of Exhibit 4.02(d)4.2B, directing the Obligors with respect to Government Accounts to make payment to the Government Lockbox. (ed) Borrowers shall have taken all actions necessary to permit Lender to record all of the Eligible Accounts in Lender’s accounts receivable monitoring systemValue Track System™. (fe) The lockbox arrangements required by Section 2.07 2.7 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s satisfaction, as required by Section 2.07(e2.7(d) hereof. (g) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (kf) Borrowers shall have taken such other actions, including the delivery of documents and opinions as Lender may reasonably request.

Additional Preconditions to Loans. Lender’s obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan: (i) the aggregate principal amount of all Revolving Loans outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit;; and (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers shall be in compliance with this Agreement and the other Loan Documents, and Borrowers shall have certified such matters to Lender. (c) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(c), directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool AccountAccounts) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices, in the form of Exhibit 4.02(d), directing the Obligors with respect to Government Accounts to make payment to the Government Lockbox. (e) Borrowers shall have taken all actions necessary to permit Lender to record all of the Eligible Accounts in Lender’s accounts receivable monitoring system. (f) The lockbox arrangements required by Section 2.07 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s satisfaction, as required by Section 2.07(e) hereof. (g) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (k) Borrowers shall have taken such other actions, including the delivery of documents and opinions as Lender may reasonably request.

Additional Preconditions to Loans. Lender’s LENDER's obligation to make the initial Revolving Loan and each subsequent Revolving Loan shall be subject to the satisfaction of each of the following conditions: (a) After giving effect to each such Revolving Loan (excluding the Term Loan:): (i) the aggregate principal amount of all Revolving Loans Advances outstanding shall not exceed the Borrowing Base then in effect and the aggregate amount of all Loans outstanding shall not exceed the Maximum Credit Limit;effect; and (ii) the ENV of all Eligible Accounts shall not exceed any of the Concentration Limits; and (iii) the amount of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have not been billed shall at no time exceed an amount equal to fifty percent (50%) of outstanding Revolving Loans supported by the ENV of all Eligible Accounts included in the Borrowing Base which have been billed. (b) All representations and warranties of Borrowers BORROWERS shall be deemed reaffirmed as of the making of such Loan and shall be true both before and after giving effect to such Loan, Loan and no Event of Default or Unmatured Event of Default shall have occurred and be continuing, no Material Adverse Effect shall have occurred, Borrowers BORROWERS shall be in compliance with this Agreement and the other Loan Documents, and Borrowers BORROWERS shall have certified such matters to LenderLENDER. (c) Each Borrower BORROWER shall have signed and delivered to Lender LENDER notices, in the form of Exhibit 4.02(c)EXHIBIT 4.2A, directing the Obligors (other than Obligors with respect to Government Accounts and Obligors that pay into the Risk Pool AccountAccounts) to make payment to the Commercial Lockbox. (d) Each Borrower shall have signed and delivered to Lender notices; and, in the form of Exhibit 4.02(d)EXHIBIT 4.2B, directing the Obligors with respect to Government Accounts to make payment to the Government Lockbox. (ed) Borrowers BORROWERS shall have taken all actions necessary to permit Lender LENDER to record all of the Eligible Accounts in Lender’s accounts receivable monitoring systemLENDER's Value Track System(TM). (fe) The lockbox arrangements required by Section 2.07 2.7 hereof shall be in effect, and the amounts received in the lockboxes shall have been identified or reconciled to Lender’s LENDER's satisfaction, as required by Section 2.07(e2.7(d) hereof. (gf) All XXX Loan Documents shall be acceptable to Lender in its sole discretion, the transactions contemplated by the XXX Loan Documents shall have closed and such XXX Loan Documents shall be in full force and effect. (h) Borrowers shall have permitted Lender to access and interface with any of Borrowers’ collateral monitoring systems, and provided assistance with such access and interface as Lender requests. (i) No later than five (5) Business Days prior to the initial Revolving Loan, Lender shall have been provided with sufficient access to conduct a final on-site management meeting on the premises of BMC with such officers of BMC as Lender requires. (j) On the Closing Date, the Borrowing Base less the amount of the initial Revolving Loan shall be greater than $1,000,000.00. (k) Borrowers BORROWERS shall have taken such other actions, including the delivery of documents and opinions opinions, as Lender LENDER may reasonably request.