All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder: (a) each of the representations and warranties set forth in Section 5 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date; (b) no Default or Event of Default shall have occurred and be continuing or would occur as a result of making such extension of credit; (c) after giving effect to such extension of credit the aggregate principal amount of all Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the Revolving Credit Commitment then in effect; (d) in the case of the issuance of any Letter of Credit, the Lender shall have received a properly completed Application therefor together with the fees called for hereby; and (e) such extension of credit shall not violate any order, judgment or decree of any court or other authority or any provision of law or regulation applicable to the Lender (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's request for any Loan or Letter of Credit shall constitute its warranty as to the facts specified in subsections (a) through (d), both inclusive, above.
Appears in 4 contracts
Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc)
All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder:
(a) each of the representations and warranties set forth in Section 5 6 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date;
(b) the Company shall be in full compliance with all of the terms and conditions of this Agreement and of the other Loan Documents, and no Default or Event of Default shall have occurred and be continuing or would occur as a result of making any such extension of credit;
(c) in the case of any request for an extension of credit under the Revolving Credit, after giving effect to such extension of credit the aggregate principal amount of all Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the lesser of (i) the Revolving Credit Commitment then in effectand (ii) the Borrowing Base;
(d) in the case of the issuance of any Letter of Credit, the Lender Bank shall have received a properly completed Application therefor together with the fees called for hereby; and
(e) such extension of credit shall not violate any order, judgment or decree of any court or other authority or any provision of law or regulation applicable to the Lender Bank (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's request for any Loan or Letter of Credit shall constitute its warranty as to the facts specified set forth in subsections (a) through (de), both inclusive, above.
Appears in 2 contracts
Samples: Credit Agreement (Kaneb Services LLC), Credit Agreement (QMS Inc)
All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder:
(a) each of the representations and warranties set forth in Section 5 6 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date;
(b) no Default or Event of Default shall have occurred and be continuing or would occur as a result of making such extension of credit;
(c) after giving effect to such extension of credit the aggregate principal amount of all Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the Revolving Credit lesser of (i) the Commitment then in effectand (ii) the Borrowing Base;
(d) in the case of the issuance of any Letter of Credit, the Lender Bank shall have received a properly completed Application therefor together with the fees called for hereby; and
(e) such extension of credit shall not violate any order, judgment judgment, or decree of any court or other authority or any provision of law or regulation applicable to the Lender Bank (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's Borrower’s request for any Loan or Letter extension of Credit credit hereunder shall constitute its warranty as to the facts specified in subsections (a) through (d), both inclusive, above.
Appears in 2 contracts
Samples: Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)
All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder:
(a) each of the representations and warranties set forth in Section 5 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date;
(b) no Default or Event of Default shall have occurred and be continuing or would occur as a result of making such extension of credit;
(c) after giving effect to such extension of credit credit, the aggregate principal amount of all Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the Revolving Credit Commitment then in effect;
(d) in the case of the issuance of any Letter of Credit, the Lender shall have received a properly completed Application therefor together with the fees called for hereby; and
(e) such extension of credit shall not violate any order, judgment or decree of any court or other authority or any provision of law or regulation applicable to the Lender (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's ’s request for any Loan or Letter of Credit shall constitute its warranty as to the facts specified in subsections (a) through (d), both inclusive, above.
Appears in 1 contract
Samples: Credit Agreement (Maf Bancorp Inc)
All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder:
(a) each of the representations and warranties set forth in Section 5 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date;
(b) no Default or Event of Default shall have occurred and be continuing or would occur as a result of making such extension of credit;
(c) after giving effect to such extension of credit the aggregate principal amount of all Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the Revolving Credit Commitment then in effect;
(d) in the case of the issuance of any Letter of Credit, the Lender shall have received a properly completed Application therefor together with the fees called for hereby; and
(e) such extension of credit shall not violate any order, judgment or decree of any court or other authority or any provision of law or regulation applicable to the Lender (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's ’s request for any Loan or Letter of Credit shall constitute its warranty as to the facts specified in subsections (a) through (d), both inclusive, above.
Appears in 1 contract
Samples: Credit Agreement (Maf Bancorp Inc)
All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder:
: (a) each of the representations and warranties set forth in Section 5 6 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date;
; (b) the Company shall be in full compliance with all of the terms and conditions of this Agreement and of the other Loan Documents, and no Default or Event of Default shall have occurred and be continuing or would occur as a result of making such extension of credit;
; (c) after giving effect to such extension of credit the aggregate principal amount of all Loans under the Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the Revolving Credit Commitment then in effect;
Commitments; (d) in the case of Commitments under the issuance of any Letter of Credit, the Lender shall have received a properly completed Application therefor together with the fees called for herebyLong-Term Credit Agreement are fully utilized; and
and (e) such extension of credit shall not violate any order, judgment or decree of any court or other authority or any provision of law or regulation applicable to the Agent or any Lender (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's request for any Loan or Letter of Credit shall constitute its warranty as to the facts specified in subsections (a) through (d), both inclusive, above.
Appears in 1 contract
All Advances. As of the time of the making of each extension of credit (including the initial extension of credit) hereunder:
(a) each of the representations and warranties set forth in Section 5 6 hereof and in the other Loan Documents shall be true and correct in all material respects as of such time, except to the extent the same expressly relate to an earlier date;
(b) no Default or Event of Default shall have occurred and be continuing or would occur as a result of making such extension of credit;
(c) after giving effect to such extension of credit the aggregate principal amount of all Revolving Credit Loans and Letters of Credit outstanding under this Agreement shall not exceed the Revolving Credit Commitment then in effect;
(d) in the case of the issuance of any Letter of Credit, the Lender Bank shall have received a properly completed Application therefor together with the fees called for herebyhereby (to the extent payable at such time) and, in the case of an extension or increase in the amount of the Letter of Credit, the Bank shall have received a written request therefor, in a form acceptable to the Bank; and
(ed) such extension of credit shall not violate any order, judgment judgment, or decree of any court or other authority or any provision of law or regulation applicable to the Lender Bank (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. The Company's request by either Borrower for any Loan or Letter of Credit shall constitute its warranty as to the facts specified in subsections (a) through (dc), both inclusive, above.
Appears in 1 contract
Samples: Credit Agreement (Hub Group Inc)