Common use of Conditions for All Loans Clause in Contracts

Conditions for All Loans. The Commitment of each Lender to make each Loan hereunder shall be subject to the satisfaction of the following conditions precedent on the date of such Loan: (a) The Agent shall have received from the Borrower a notice requesting such Loan as required by Section 2.03. (b) The representations and warranties of the Borrower set forth in Article III hereof (except, in the case of any Loan that does not increase the aggregate principal amount of the Loans outstanding to the Borrower, the representations set forth in Sections 3.05(b), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) At the time of and immediately after such Loan, no Default or Event of Default affecting the Borrower shall have occurred and be continuing at the time of such Loan or would result from the making of such Loan. (d) The Agent shall have received a certificate of a Responsible Officer of the Borrower certifying that the matters set forth in paragraphs (b) and (c) of this Section 4.02 are true and correct as of such date. Each Loan shall be deemed to constitute a representation and warranty by the Borrower on the date of such Loan as to the matters specified in paragraphs (b) and (c) of this Section 4.02.

Appears in 3 contracts

Samples: Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/), Credit Agreement (Txu Corp /Tx/)

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Conditions for All Loans. The Commitment of each the Lender to make each Loan hereunder (including the initial Loan) on or after the Restatement Date (other than pursuant to Section 2.04(b)) shall be subject to the satisfaction of the following conditions precedent on the date of such Loan: (a) The Agent Lender shall have received from the Borrower a notice requesting of such Loan as required by Section 2.03. (b) The In the case of any Eurodollar Loan, the representations and warranties of the Borrower set forth in Article III hereof (excepthereof, in the case of any Loan that does not increase the aggregate principal amount of the Loans outstanding to the Borrower, other than the representations and warranties set forth in Sections 3.05(b), 3.06, 3.11 and 3.13) , shall be true and correct in all material respects on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) At the time of and immediately after such Loan, no Default or Event of Default affecting the Borrower or Default shall have occurred and be continuing at the time of such Loan or would result from the making of such Loancontinuing. (d) The Agent Lender shall have received a certificate of a Responsible Officer of the Borrower certifying that the matters set forth in paragraphs subsections (b) and (c) of this Section 4.02 are true and correct as of such date. Each Loan shall be deemed to constitute a representation and warranty by the Borrower on the date of such Loan as to the matters specified in paragraphs (b) and (c) of this Section 4.02.

Appears in 1 contract

Samples: Credit Agreement (Txu Corp /Tx/)

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