All Revolving Loans. The Canadian Agent shall promptly inform the Administrative Agent and the Administrative Agent shall promptly inform the Canadian Agent, by telecopy, of the funding of any Revolving Loan and the terms thereof. No Lender shall be responsible for the failure or delay by any other Lender in its obligation to make Revolving Loans hereunder; provided, however, that the failure of any Lender to fulfill its Commitment hereunder shall not relieve any other Lender of its Commitment hereunder. Unless the Administrative Agent or the Canadian Agent, as the case may be, shall have been notified by any Lender prior to the date of any Revolving Loan advance pursuant to a Notice of Borrowing that such Lender does not intend to make available to the Administrative Agent or the Canadian Agent, as the case may be, its portion of the Revolving Loan advance to be made on such date, the Administrative Agent or the Canadian Agent, as the case may be, may assume that such Lender has made such amount available to the Administrative Agent or the Canadian Agent, as the case may be, on the date of such Revolving Loan advance, and the Administrative Agent or the Canadian Agent, as the case may be, in reliance upon such assumption, may (in its sole discretion without any obligation to do so) make available to the applicable Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent or the Canadian Agent, as the case may be, the Administrative Agent or the Canadian Agent, as the case may be, shall be entitled to recover such corresponding amount from such Lender. If such Lender does not pay such corresponding amount forthwith upon the Administrative Agent's or, as the case may be, the Canadian Agent's demand therefor, the Administrative Agent or the Canadian Agent, as the case may be, will promptly notify the applicable Borrower and such Borrower shall immediately pay such corresponding amount to the Administrative Agent or the Canadian Agent, as the case may be. The Administrative Agent or the Canadian Agent, as the case may be, shall also be entitled to recover from such Lender or such Borrower, as the case may be, interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Administrative Agent or the Canadian Agent, as the case may be, to such Borrower to the date such corresponding amount is recovered by the Administrative Agent or the Canadian Agent, as th...
All Revolving Loans. The Bank's obligation to make the initial Revolving Loan and each subsequent Revolving Loan is subject to the following conditions precedent:
All Revolving Loans. The obligation of each Bank to ------------------- make each Revolving Loan (including, without limitation, its initial Revolving Loan but excluding, however, any Loan made by a continuation or conversion pursuant to Article V and any repayment and reborrowing deemed to have been made ------- - pursuant to Section 1.1.8) is subject to the following further conditions ------- ----- precedent that:
All Revolving Loans. The Bank's obligation to make additional ------------------- Revolving Loans is subject to the following additional conditions precedent:
All Revolving Loans. Lender's obligation to make the initial Revolving Loan and each subsequent Revolving Loan is subject to the following conditions precedent that:
(A) BORROWER'S WRITTEN REQUEST. Lender shall have received, by 1:00 p.m. (New York time) on the Business Day on which an advance is to be made, a telephonic request (promptly thereafter confirmed by Borrower in writing, including telecopy) from an Authorized Officer of Borrower for an advance in a specific amount.
All Revolving Loans. The obligation of each Lender to make any Borrowing (including the initial Borrowing) shall be subject to the satisfaction of each of the following conditions precedent:
All Revolving Loans. Any written request for Revolving Loans (including Foreign Currency Loans) shall be in the form of Exhibit Q or other form reasonably acceptable to the Administrative Agent and containing the information required by Exhibit Q, and shall be signed by a Responsible Officer or a person designated as authorized to make such requests in a writing signed by a Responsible Officer. Any oral request for Revolving Loans shall be made by a Responsible Officer or a person designated as authorized to make such requests in a writing signed by a Responsible Officer and shall be confirmed by a writing in the form of Exhibit Q or other form reasonably acceptable to the Administrative Agent and containing the information required by Exhibit Q, signed by a Responsible Officer or a person designated as authorized to make such requests in a writing signed by a Responsible Officer, which written confirmation shall be delivered by telecopier to the Administrative Agent on the Borrowing Date of the Revolving Loans in question. Each borrowing of Revolving Loans shall be in a minimum aggregate principal amount as to all Revolving Loans requested in such borrowing of (a) $5,000,000 or a whole multiple of $100,000 in excess thereof for Eurodollar Loans, and (b) $2,500,000 or a whole multiple of $100,000 in excess thereof for Floating Rate Loans.
All Revolving Loans. The obligation of the Lender to make any Revolving Loan to be made by it hereunder is subject to (a) the accuracy, in all material respects, on the date of such Revolving Loan of all representations and warranties of the Borrower and any other Party contained in this Agreement and the other Loan Documents; (b) receipt by the Lender of the following, all of which shall be duly executed and in Proper Form: (1) a Request for Extension of Credit as to the Revolving Loan no later than 12:00 noon Toronto time on the Business Day on which such Request for Extension of Credit must be given under Section 4.2 hereof, (2) in the case of a Bankers' Acceptance, a draft duly executed and in Proper Form, and (3) such other documents as the Lender may reasonably require; (c) prior to the making of such Revolving Loan, there shall have occurred no event which has had or could reasonably be expected to have a Material Adverse Effect; (d) no Default or Event of Default shall have occurred and be continuing and shall not occur as a result of the Borrowing, and (e) the making of such Revolving Loan shall not be illegal or prohibited by any Legal Requirement.
All Revolving Loans. In the case of each Revolving Loan:
(a) receipt by the Bank of a Notice of Borrowing as required by Section 2.3(d) or 2.4, as the case may be;
(b) the fact that, immediately after such Loan, the aggregate outstanding principal amount of the Revolving Loans will not exceed the Commitment;
(c) the fact that immediately after such Loan, no Potential Default (or in the case of a Refunding Loan, Default or Potential Default under Section 8.1(b) has occurred and is continuing or would result from such loan;
(d) the fact that the representations and warranties contained in Article VI hereof (except, in the case of a Refunding Loan, the representations and warranties set forth in Sections 6.6, 6.7, 6.8, 6.9, 6.10 and in the second sentence of Section 6.5), shall be true and correct on and as of the date of the proposed Loan as though made on and as of such date; and
(e) no change shall have occurred in any law or regulation thereunder or interpretation thereof which in the opinion of counsel for the Bank would make it illegal for the Bank to make the Loans as provided herein.
All Revolving Loans. The making of each Revolving Loan shall also be subject to the satisfaction of the following conditions precedent:
