Applicable Borrower. The undersigned Borrower hereby represents and warrants that (a) such request complies with the requirements of Section 2.01 of the Credit Agreement and (b) each of the conditions set forth in Section 4.02 of the Credit Agreement have been satisfied on and as of the date of such Borrowing, conversion or continuation.
Applicable Borrower. Any Domestic Borrower, the European Borrower, the Canadian Borrower or the Australian Borrower, as the context requires.
Applicable Borrower. With respect to such Borrowing, the undersigned hereby represents and warrants that [(i) such request complies with Section 2.01(a) of the Credit Agreement and (ii)] each of the applicable conditions set forth in Section 4.02 of the Credit Agreement have been satisfied on and as of the date of such Borrowing. Delivery of an executed counterpart of a signature page of this notice by facsimile or other electronic imaging means (e.g., “pdf” or “tif”) shall be effective as delivery of a manually executed counterpart of this notice.
Applicable Borrower the Initial Borrowers, or (b) any other Borrower, as the context requires. Applicable Law: all laws, rules, regulations and legally binding governmental guidelines applicable to the Person and its Property, conduct, transaction, agreement or matter in question, including all applicable statutory law and common law, and all provisions of constitutions, treaties, statutes, rules, regulations, orders and decrees of Governmental Authorities (having the force of law).
Applicable Borrower. All Advances in Singapore Dollars shall be advanced to a Singapore Borrower. All Advances in Australian Dollars shall be advanced to an Australia Borrower. If a Hong Kong Borrower becomes a Borrower pursuant to Section 5.01(r), all Advances in Hong Kong Dollars shall be made to the applicable Hong Kong Borrower. The liability of the Borrowers for the Obligations under the Loan Documents shall be joint and several.
Applicable Borrower. The Borrowers’ Agent, on behalf of each Borrower, represents and warrants, as of the date hereof and as of the date of the requested Loan, that (i) each of the representations and warranties made by the Borrowers and the other Loan Parties in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of such date as if such representation and warranty was made on and as of such date, except to the extent any such representation and warranty relates solely to a specified prior date, in which case such representation and warranty shall be true and correct in all material respects as of such specified date, (ii) no Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date and (iii) each of the other conditions precedent set forth in Section [6.1 and ]46.2 of the Amended and Restated Credit Agreement have been satisfied in full. The Borrowers’ Agent agrees that if prior to the time of the making of the Loan requested hereby any matter certified to herein by it will not be true and correct at such time as if then made, it will immediately so notify the Administrative Agent. Except to the extent, if any, that prior to the time of the making of the Loan requested hereby the Administrative Agent shall receive written notice to the contrary from the Borrowers’ Agent, each matter certified to herein shall be deemed once again to be certified as true and correct at the date of such Loan as if then made. 1 To be completed if the Loan is a Working Capital Facility Loan. 2 To be completed if the Loan is an Acquisition Facility Loan, if applicable. 3 To be completed as appropriate for Eurodollar Loans only. 4 Applicable to initial Loans only. The undersigned hereby, solely in his capacity as a Responsible Person of the Borrowers’ Agent and not in his individual capacity, certifies that he is a Responsible Person of the Borrowers’ Agent and further certifies as follows that, after giving effect to the extension of credit required pursuant to this Borrowing Notice:
1. the Total Working Capital Facility Extensions of Credit shall not exceed the Borrowing Base as of such date,
2. the Total Acquisition Facility Acquisition Extensions of Credit shall not exceed the Eligible Acquisition Asset Value,
3. the Total Acquisition Facility Extensions of Credit shall not exceed the aggregate Acquisition Facility Commitments,
4. the Total Working ...
Applicable Borrower the Initial Borrowers, or (b) any other Borrower, as the context requires. Approved Fund: any Person (other than a natural person) that is engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in its ordinary course of activities and is administered or managed by a Lender, an entity that administers or manages a Lender, or an Affiliate of either and (in the case of assignment of Revolver Loans) has the capacity to fund Revolver Loans hereunder.
Applicable Borrower. The requested Borrowing is in respect of [the Revolving Commitment][the Term Loan Commitment]
Applicable Borrower. List date, Type, Class, principal amount and Interest Period (if applicable) of existing Borrowing:
