All Revolving Credit Loans. Notwithstanding any provision contained in this Agreement to the contrary, none of the Banks shall have any obligation to make any Revolving Credit Loan under this Agreement unless: (a) the Agent shall have received a Notice of Borrowing for such Revolving Credit Loan as required by Section 2.02; (b) on the date of and immediately after such Revolving Credit Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing; (c) no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole shall have occurred since the date of this Agreement and be continuing; and (d) all of the representations and warranties of Borrower contained in this Agreement and in the other Transaction Documents shall be true and correct in all material respects on and as of the date of such Revolving Credit Loan as if made on and as of the date of such Revolving Credit Loan (and for purposes of this Section 4.02(d), the representations and warranties made by Borrower in Section 5.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Banks pursuant to Section 6.01(a)). Each request for a Revolving Credit Loan by Borrower under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of such Revolving Credit Loan as to the facts specified in clauses (b), (c) and (d) of this Section 4.02.
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Samples: Revolving Credit Agreement (Cpi Corp), Revolving Credit Agreement (Cpi Corp)
All Revolving Credit Loans. Notwithstanding any provision contained in this Agreement to the contrary, none of the Banks shall have any obligation to make any Revolving Credit Loan under this Agreement unless:
(a) the Agent shall have received a current Borrowing Base Certificate as required by Section 2.01(b);
(b) the Agent shall have received a Notice of Borrowing for such Revolving Credit Loan as required by Section 2.02;
(bc) on the date of and immediately after such Revolving Credit Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing;
(cd) no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole shall have occurred since the date of this Agreement and be continuing; and
(de) all of the representations and warranties of Borrower and the Guarantors contained in this Agreement and in the other Transaction Documents shall be true and correct in all material respects on and as of the date of such Revolving Credit Loan as if made on and as of the date of such Revolving Credit Loan (and for purposes of this Section 4.02(d), the representations and warranties made by Borrower in Section 5.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Banks pursuant to Section 6.01(a)). Each request for a Revolving Credit Loan by Borrower under this Agreement hereunder shall be deemed to be a representation and warranty by Borrower on the date of such Revolving Credit Loan as to the facts specified in clauses (bc), (cd) and (de) of this Section 4.02.
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All Revolving Credit Loans. Notwithstanding any provision contained in this Agreement to the contrary, none of the Banks Lender shall have any no obligation to make any Revolving Credit Loan under this Agreement unless:
(a) the Agent Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b);
(b) Lender shall have received a Notice of Borrowing for such Revolving Credit Loan as required by Section 2.022.04;
(bc) on the date of both immediately before and immediately after giving effect to such Revolving Credit Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing;
(cd) no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole the Company, XxXxxxx Properties any other Obligor and/or any Subsidiary shall have occurred since the date of this Agreement and be continuing; and
(de) all of the representations and warranties of Borrower contained made by the Company, XxXxxxx Properties and/or any other Obligor in this Agreement and and/or in the any other Transaction Documents Document shall be true and correct in all material respects on and as of the date of such Revolving Credit Loan as if made on and as of the date of such Revolving Credit Loan (and for purposes of this Section 4.02(d3.02(e), the representations and warranties made by Borrower the Company and XxXxxxx Properties in Section 5.04 4.04 shall be deemed to refer to the most recent financial statements of Borrower the Company delivered to the Banks Lender pursuant to Section 6.01(a5.01(a)). Each request for a Revolving Credit Loan by Borrower the Company under this Agreement shall be deemed to be a representation and warranty by Borrower the Company on the date of such Revolving Credit Loan as to the facts specified in clauses (bc), (cd) and (de) of this Section 4.023.02.
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Samples: Loan Agreement (Labarge Inc)
All Revolving Credit Loans. Notwithstanding any provision contained in this Agreement to the contrary, none of the Banks no Lender shall have any obligation to make any Revolving Credit Loan under this Agreement unless:
(a) the Agent and each Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(b);
(b) the Agent shall have received a Notice of Revolving Credit Borrowing for such Revolving Credit Loan as required by Section 2.022.04;
(bc) on the date of both immediately before and immediately after giving effect to such Revolving Credit Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing;
(cd) no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower the Company, XxXxxxx Electronics and/or the Company and its Subsidiaries taken as a whole shall have occurred since the date of this Agreement and be continuing; and
(de) all of the representations and warranties of Borrower contained made by the Company, XxXxxxx Electronics and/or any other Obligor in this Agreement and and/or in the any other Transaction Documents Document shall be true and correct in all material respects on and as of the date of such Revolving Credit Loan as if made on and as of the date of such Revolving Credit Loan (and for purposes of this Section 4.02(d3.02(e), the representations and warranties made by Borrower the Company and XxXxxxx Electronics in Section 5.04 4.04 shall be deemed to refer to the most recent financial statements of Borrower the Company delivered to the Banks Agent and each Lender pursuant to Section 6.01(a5.01(a)). Each request for a Revolving Credit Loan by Borrower the Company under this Agreement shall be deemed to be a representation and warranty by Borrower the Company on the date of such Revolving Credit Loan as to the facts specified in clauses (bc), (cd) and (de) of this Section 4.023.02.
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Samples: Loan Agreement (Labarge Inc)
All Revolving Credit Loans. Notwithstanding any provision contained in this Agreement herein to the contrary, none of the Banks shall have any obligation to make any Revolving Credit Loan under this Agreement unless:
(a) the Agent shall have received a Notice of Borrowing for such Revolving Credit Loan as required by Section 2.02;
(b) on the date of and immediately after such Revolving Credit Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing;
(c) no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole shall have occurred since the date of this Agreement and be continuing; and
(d) all of the representations and warranties of Borrower contained in this Agreement and in the other Transaction Documents shall be true and correct in all material respects on and as of the date of such Revolving Credit Loan as if made on and as of the date of such Revolving Credit Loan (and for purposes of this Section 4.02(d), the representations and warranties made by Borrower in Section 5.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Banks pursuant to Section 6.01(a)). Each request for a Revolving Credit Loan by Borrower under this Agreement hereunder shall be deemed to be a representation and warranty by Borrower on the date of such Revolving Credit Loan as to the facts specified in clauses (b), (c) and (d) of this Section 4.02.
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All Revolving Credit Loans. Notwithstanding any provision contained in this Agreement to the contrary, none of the Banks Lender shall have any no obligation to make any Revolving Credit Loan under this Agreement unless:
(a) the Agent Lender shall have received a current Borrowing Base Certificate as required by Section 2.01(c) and a current Collateral Report as required by Section 3(a) of the Security Agreement;
(b) if such Revolving Credit Loan is requested by Borrower pursuant to Section 2.02(a), Lender shall have received a Borrowing Notice of Borrowing for such Revolving Credit Loan as required by Section 2.02Loan;
(bc) on the date of and immediately after such Revolving Credit Loan, no Default or Event of Default under this Agreement shall have occurred and be continuing;
(cd) no material adverse change in the Properties, assets, liabilities, business, operations, prospects, income or condition (financial or otherwise) of Borrower and its Subsidiaries taken as a whole shall have occurred since the date of this Agreement and be continuing; and
(de) all of the representations and warranties of Borrower contained in this Agreement and in the other Transaction Documents shall be true and correct in all material respects on and as of the date of such Revolving Credit Loan as if made on and as of the date of such Revolving Credit Loan (and for purposes of this Section 4.02(d), the representations and warranties made by Borrower in Section 5.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to the Banks pursuant to Section 6.01(a))Loan. Each request for a Revolving Credit Loan by Borrower under this Agreement (whether pursuant to Section 2.02(a) or 2.02(b) or otherwise) shall be deemed to be a representation and warranty by Borrower on the date of such Revolving Credit Loan as to the facts specified in clauses (bc), (cd) and (de) of this Section 4.023.02.
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