Advance of any Advance. The obligation of each Lender to make its Commitment available in respect of any Advance is conditional upon: 9.1.1 that, on or before the service of the first Drawdown Notice hereunder, the Agent has received the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent (after consultation with the Lenders) and its lawyers; 9.1.2 that, on or before the Drawdown Date of each Advance but prior to making such Advance, the Agent has received the documents described in Part B of Schedule 3 in respect of the Relevant Vessel (as defined in Schedule 3) in form and substance satisfactory to the Agent and its lawyers; 9.1.3 the representations and warranties contained in clause 7 and clauses 4.1 and 4.2 of the Corporate Guarantee being then true and correct as if each was made with respect to the facts and circumstances existing at such time; and 9.1.4 no Default having occurred and being continuing and there being no Default which would result from the making of the Loan.
Appears in 5 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement, Facility Agreement (Navios Maritime Acquisition CORP)
Advance of any Advance. The obligation of each Lender to make its Commitment available in respect of any Advance is conditional upon:
9.1.1 that, on or before the service of the first Drawdown Notice hereunder, the Agent has received the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent (after consultation with the Lenders) and its lawyers;
9.1.2 that, on or before the Drawdown Date of each Advance but prior to making such Advance, the Agent has received the documents described in Part B of Schedule 3 in respect of the Relevant Vessel (as defined in Schedule 3) in form and substance satisfactory to the Agent and its lawyers;
9.1.3 the representations and warranties contained in clause 7 and clauses 4.1 and 4.2 of the Corporate Guarantee Guarantees being then true and correct as if each was made with respect to the facts and circumstances existing at such time; and
9.1.4 no Default having occurred and being continuing and there being no Default which would result from the making of the Loan.
Appears in 1 contract
Samples: Facility Agreement (Navios Maritime Acquisition CORP)
Advance of any Advance. The obligation of each Lender to make its Commitment available in respect of any Advance is conditional upon:
9.1.1 that, on or before the service of the first Drawdown Notice hereunder, the Agent has received the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent (after consultation with the Lenders) Creditor Parties and its their lawyers;
9.1.2 that, on or before the Drawdown Date of each Advance but prior to making such Advance, the Agent has received the documents described in Part B of Schedule 3 in respect of the Relevant Vessel (as defined in Schedule 3) in form and substance satisfactory to the Agent Creditor Parties and its their lawyers;
9.1.3 the representations and warranties contained in clause 7 and clauses 4.1 and 4.2 of the Corporate Guarantee Guarantees being then true and correct as if each was made with respect to the facts and circumstances existing at such time; and
9.1.4 no Default having occurred and being continuing and there being no Default which would result from the making of the Loan.
Appears in 1 contract
Samples: Facility Agreement (Navios Maritime Acquisition CORP)