All Loans. The making of each Loan to Borrower (including the Term Loan and all Revolving Loan Advances) is subject to the satisfaction of the following further conditions precedent, both immediately prior to the making of such Loan and also after giving effect thereto and to the intended use thereof:
(a) no Default or Event of Default shall have occurred and be continuing;
(b) both immediately prior to the making of such Loan and also after giving effect thereto and to the intended use thereof, the representations and warranties made by Borrower in Section 6 and Schedule 1 hereof, and elsewhere in each of the Loan Documents, shall be true, correct and complete on and as of the date of the making of such Loan in all material respects (in the case of the representations and warranties in Section 6.10 and Schedule 1, solely with respect to Mortgage Loans and Eligible Securities included in the Borrowing Base) with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). Agent shall have received an officer's certificate signed by a Responsible Officer of Borrower certifying as to the truth, accuracy and completeness of the above, which certificate shall specifically include a statement that Borrower is in compliance with all governmental licenses and authorizations, statutory and regulatory requirements, and is qualified to do business and in good standing in all required jurisdictions, and that such borrowing does not violate restrictions imposed upon Borrower as a Registered Investment Company or otherwise;
(c) the aggregate outstanding principal amount of the Loans (including the Revolving Loan Advance then being made by Lender) shall not exceed the Borrowing Base;
(d) subject to Agent's right to perform one or more Due Diligence Reviews pursuant to Section 12.15 hereof, Agent shall have completed its due diligence review of the Mortgage Loan Documents for each Mortgage Loan included in the Collateral and such other documents, records, agreements, instruments, mortgaged properties or information relating to such Mortgage Loans as Agent in its sole discretion deems appropriate to review and such review shall be satisfactory to Agent in its sole discretion;
(e) Agent shall have received from the Custodian a Mortgage Loan Schedule and Exception Report with Exceptions as are acceptable to Agent in its sole discretion in respect of Eligib...
All Loans. The obligation of each Lender to fund any Loan which results in an increase in the aggregate outstanding principal amount of Loans under this Agreement on the occasion of any Borrowing shall be subject to the satisfaction of each of the conditions precedent set forth in this Section 4.2.
All Loans. The making of each Loan, including without limitation, the initial Loan, is subject to the conditions precedent that:
All Loans. Notwithstanding any provision contained in this Agreement to the contrary, none of the Lenders shall have any obligation to make any Loan under this Agreement unless:
(a) if such Loan is a Revolving Credit Loan, the Agent shall have received a Notice of Revolving Credit Borrowing for such Loan as required by Section 2.07(a);
(b) if such Loan is a Swing Line Loan, U.S. Bank shall have received a Notice of Swing Line Borrowing for such Loan as required by Section 2.07(b);
(c) both immediately before and immediately after giving effect to such Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing;
(d) no event having a Material Adverse Effect shall have occurred since the date of this Agreement and be continuing; and
(e) all of the representations and warranties of Borrower and/or any other Obligor contained in this Agreement and/or in any of the other Transaction Documents shall be true and correct in all material respects on and as of the date of such Loan as if made on and as of the date of such Loan (and for purposes of this Section 3.02(e), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Lenders pursuant to Section 5.01(a)). Each request for a Loan by Borrower under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of such Loan as to the facts specified in clauses (c), (d) and (e) of this Section 3.02.
All Loans. The obligation of each Bank to make any Loan (including the initial Loan) is subject to the following additional conditions precedent:
All Loans. Notwithstanding any other provision of this Agreement, and in addition to any conditions precedent required to be satisfied for the initial Loan hereunder pursuant to Section 4.01 (Initial Loan) (even if waived with respect to the initial Loan), the obligations of the Lenders to make any Loans shall be subject to the satisfaction of each of the conditions precedent set forth in this Section 4.02.
All Loans. The obligation of each of the Banks to make its Loans to the Borrower upon the occasion of each borrowing hereunder (including the initial borrowing) is subject to the further conditions precedent that:
(a) No Default shall have occurred and be continuing or will result from the making of such Loans.
(b) Except as previously disclosed by the Borrower in writing and waived in accordance with Section 13.4, the representations and warranties made by the Borrower in Section 8 (excluding Section 8.4(b)) shall be true and correct on and as of the date of the making of such Loans with the same force and effect as if made on and as of such date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true correct and in all respects as of such earlier date).
(c) After giving effect to such Loans, the aggregate outstanding principal amount of the Loans will not exceed the aggregate amount of the Commitments.
(d) Delivery by the Borrower of a certificate dated the date of the proposed borrowing and certified by an Authorized Officer of the Borrower that states that (i) the HMC Support Agreement has not been amended, supplemented or otherwise modified since the last delivery of an executed copy of the HMC Support Agreement or any amendment or modification thereof pursuant to Section 9.11 and (ii) that the Borrower is not in the process of amending, supplementing or otherwise modifying the HMC Support Agreement. Each borrowing of Loans hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such borrowing as to the facts specified in clauses (a) through (d) of this Section 7.2.
All Loans. The obligation of Lender to make any Loan shall be subject to the following additional conditions precedent:
All Loans. Unless waived in writing by Requisite Lenders, the obligation of any Lender to make any Advance is subject to the satisfaction of the following further conditions precedent:
All Loans. No Loans shall be used for any purpose which would be in contravention of any Requirement of Law.
