Advance of any Advance. The obligation of the Lender to make available any Advance is conditional upon: 9.1.1 that, on or before the service of the first Drawdown Notice hereunder, the Lender has received the documents described in Part A of Schedule 3 in form and substance satisfactory to the Lender and its lawyers; 9.1.2 that, on or before the Drawdown Date of each Advance but prior to making such Advance, the Lender has received the documents described in Part B of Schedule 3 in respect of the Relevant Vessel (as defined in Schedule 2) in form and substance satisfactory to the Lender and its lawyers; 9.1.3 the representations and warranties contained in clause 7 and clauses 4.1 and 4.2 of the 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.
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Samples: Facility Agreement, Facility Agreement (Navios Maritime Midstream Partners LP), Facility Agreement (Navios Maritime Midstream Partners LP)
Advance of any Advance. The obligation of the 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 Lender Agent has received the documents described in Part A of Schedule 3 in form and substance satisfactory to the Lender and its lawyersAgent;
9.1.2 that, on or before the Drawdown Date in respect of each Advance but prior to making such Advance, the Lender Agent has received the documents described in Part B of Schedule 3 in respect of the Relevant Vessel (as defined in Schedule 23) in form and substance satisfactory to the Lender and its lawyersAgent;
9.1.3 the representations and warranties contained in clause 7 and clauses 4.1 and 4.2 of the Guarantees 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 1 contract
Advance of any Advance. The obligation of the 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 and drawdown of Advance A hereunder, the Lender Agent has received the documents described in Part A of Schedule 3 in form and substance satisfactory to the Lender Agent and its lawyers;
9.1.2 that, on or before the Drawdown Date of each Advance B but prior to making such Advance, the Lender Agent has received the documents described in Part B of Schedule 3 in respect of the Relevant Vessel (as defined in Schedule 2) in form and substance satisfactory to the Lender Agent and its lawyers;
9.1.3 the representations and warranties contained in clause 7 and clauses 4.1 and 4.2 of the Guarantees 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 1 contract
Samples: Facility Agreement for a Term Loan Facility (Navios Maritime Acquisition CORP)