Common use of Conditions for Future Advances Clause in Contracts

Conditions for Future Advances. The making of Advances under the Revolving Credit in any form following the Closing Date is subject to the following conditions precedent (all instruments, documents and agreements to be in form and substance satisfactory to Lender and its counsel) following the Closing Date: a. This Agreement and each of the other Loan Documents shall be effective; b. No event or condition shall have occurred or become known to any Borrower, or would result from the making of any requested Advance, which could have a Material Adverse Effect; c. No Default or Event of Default then exists or after giving effect to the making of the Advance would exist; d. Each Advance is within and complies with the terms and conditions of this Agreement including, without limitation, the notice provisions contained in Section 2.4 hereof; e. No Lien (other than a Permitted Lien) has been imposed on any Borrower; f. Each representation and warranty set forth in Section 5 and any other Loan Document in effect at such time (as amended or modified from time to time) is then true and correct in all material respects (except to the extent already qualified by materiality, in which case such representation and warranty shall be true and correct in all respects), as if made on and as of such date except to the extent such representations and warranties are made only as of a specific earlier date; and g. Lender shall have received, in form and substance acceptable to Lender an executed Certificate of Beneficial Ownership and such other documentation and other information requested in connection with applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act.

Conditions for Future Advances. The making of Advances under the Revolving Credit in any form following the Closing Date is subject to the following conditions precedent (all instruments, documents and agreements to be in form and substance satisfactory to Lender Agent and its counsel) following the Closing Date: a. (a) This Agreement and each of the other Loan Documents shall be effective; b. (b) No event or condition shall have occurred or become known to any Borrower, or would result from the making of any requested Advance, which could have a Material Adverse Effect; c. (c) No Default or Event of Default then exists or after giving effect to the making of the Advance would exist; d. (d) Each Advance is within and complies with the terms and conditions of this Agreement including, without limitation, the notice provisions contained in Section 2.4 hereof; e. (e) No Lien (other than a Permitted Lien) has been imposed on Borrower or any Borrower;Subsidiary Guarantor; and f. (f) Each representation and warranty set forth in Section 5 and any other Loan Document in effect at such time (as amended or modified from time to time) is then true and correct in all material respects (except to the extent already qualified by materiality, in which case such representation and warranty shall be true and correct in all respects), as if made on and as of such date except to the extent (i) Schedule 5.10(b), 5.11(c), 5.14(b), Schedule C, Schedule D or any other Schedule attached to this Agreement have been updated by Borrower in writing from time to time, provided that any such update and acceptance by Agent and Lenders shall not constitute a waiver of any Default or Event of Default that may be created by such updates and (ii) such representations and warranties are made only as of a specific earlier date; and g. Lender shall have received, in form and substance acceptable to Lender an executed Certificate of Beneficial Ownership and such other documentation and other information requested in connection with applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act.

Conditions for Future Advances. The making of Advances under the Revolving Credit in any form following the Closing Date is subject to the following conditions precedent (all instruments, documents and agreements to be in form and substance satisfactory to Lender Agent and its counsel) following the Closing Date: a. (a) This Agreement and each of the other Loan Documents shall be effective; b. (b) No event or condition shall have occurred or become known to any Borrower, or would result from the making of any requested Advance, which could have a Material Adverse Effect; c. (c) No Default or Event of Default then exists or after giving effect to the making of the Advance would exist; d. (d) Each Advance is within and complies with the terms and conditions of this Agreement including, without limitation, the notice provisions contained in Section 2.4 2.5 hereof; e. (e) No Lien (other than a Permitted Lien) has been imposed on Borrower or any Borrower;Subsidiary Guarantor; and f. (f) Each representation and warranty set forth in Section 5 and in any other Loan Document in effect at such time (as amended or modified from time to time) is then true and correct in all material respects (except to the extent already qualified by materiality, in which case such representation and warranty shall be true and correct in all respects), as if made on and as of such date except to the extent such representations and warranties are made only as of a specific earlier date; and g. Lender shall have receivedprovided that Borrower may update all Schedules and prepare additional Schedules so that all such Schedules and the representations and warranties, in form taken together, accurately reflect the state of Borrower’s and substance acceptable each Subsidiary Guarantor’s affairs as of the date of a request for an Advance by giving written notice thereof to Lender an executed Certificate Agent, and further provided that such updated and additional Schedules do no reflect events or conditions which constitute violations of Beneficial Ownership and such other documentation and other information requested in connection with applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot ActSection 6 or 7 hereof or otherwise reflect material adverse developments.

Conditions for Future Advances. The making of Advances under the Revolving Credit in any form following the Closing Date is subject to the following conditions precedent (all instruments, documents and agreements to be in form and substance satisfactory to Lender and its counsel) following the Closing Date: a. This Agreement and each of the other Loan Documents shall be effective; b. No event or condition shall have occurred or become known to any Borrower, or would result from the making of any requested Advance, which could reasonably be expected to have a Material Adverse Effect; c. No event or condition shall have occurred or become known to Borrower, or would result from the making of any requested Advance, which could reasonably be expected to have a Material Adverse Effect; d. No Default or Event of Default then exists or after giving effect to the making of the Advance would exist; d. e. Each Advance is within and complies with the terms and conditions of this Agreement including, without limitation, the notice provisions contained in Section 2.4 hereof; e. f. No Lien (other than a Permitted Lien) has been imposed on any Borrower; f. g. The Lender shall have received the Borrowing Base Certificate; and h. Each representation and warranty set forth in Section 5 and any other Loan Document in effect at such time (as amended or modified from time to time) is then true and correct in all material respects (except to the extent already qualified by materiality, in which case such representation and warranty shall be true and correct in all respects), as if made on and as of such date except to the extent such representations and warranties are made only as of a specific earlier date; and g. Lender shall have received, in form and substance acceptable to Lender an executed Certificate of Beneficial Ownership and such other documentation and other information requested in connection with applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act.

Conditions for Future Advances. The making of Advances under the Revolving Credit Term Loan Facility in any form following the Closing Date is subject to the following conditions precedent (all instruments, documents and agreements to be in form and substance satisfactory to Lender Agent and its counsel) following the Closing Date: a. (a) This Agreement and each of the other Loan Documents shall be effective; b. (b) No event or condition shall have occurred or become known to any Borrower, or would result from the making of any requested Advance, which could have a Material Adverse Effect; c. (c) No Default or Event of Default then exists or after giving effect to the making of the Advance would exist; d. (d) Each Advance is within and complies with the terms and conditions of this Agreement including, without limitation, the notice provisions contained in Section 2.4 hereof; e. (e) No Lien (other than a Permitted LienLien or Lien permitted under Section 7 of this Agreement) has been imposed on Borrower or any BorrowerSubsidiary Guarantor; f. (f) Each representation and warranty set forth in Section 5 and any other Loan Document in effect at such time (as amended or modified from time to time) is then true and correct in all material respects (except to the extent already qualified by materiality, in which case such representation and warranty shall be true and correct in all respects), as if made on and as of such date except to the extent (i) Schedule 5.10(b), 5.11(c), 5.14(b), Schedule C, Schedule D or any other Schedule attached to this Agreement have been updated by Borrower in writing from time to time, provided that any such update and acceptance by Agent and Lenders shall not constitute a waiver of any Default or Event of Default that may be created by such updates and (ii) such representations and warranties are made only as of a specific earlier date; and g. Lender (g) Borrower shall have receivedcertify that, pursuant to the Master Agreement, ATP has acquired additional Assigned CDO Agreements (as defined in form and substance acceptable to Lender an executed Certificate of Beneficial Ownership and such other documentation and other information requested the Master Agreement) in connection with applicable “know your customer” the Subsequent Assigned CDO Agreement Sale and anti-money laundering rules and regulations, including provide a list of such Assigned CDO Agreements as well as a schedule showing all amounts attributable thereto deposited into escrow in accordance with the USA Patriot ActEscrow Agreement.

Conditions for Future Advances. The making of Advances under the Revolving Credit in any form following the Closing Date is Date, and the making of any advance under the Term Loan, are each subject to the following conditions precedent (all instruments, documents and agreements to be in form and substance reasonably satisfactory to Lender and its counsel) following the Closing Date: a. This Agreement and each of the other Loan Documents shall be effective; b. No event or condition shall have occurred or become known to any Borrower, or would result from the making of any requested AdvanceAdvance or advance of the Term Loan, which could have a Material Adverse Effect; c. No Default or Event of Default then exists or after giving effect to the making of the Advance (or if applicable, advance of the Term Loan) would exist; d. Each Advance (or if applicable, advance of the Term Loan) is within and complies with the terms and conditions of this Agreement including, without limitation, the notice provisions contained in Section Sections 2.3 and 2.4 hereof; e. No Lien (other than a Permitted Lien) has been imposed on any Borrower;; and f. Each representation and warranty set forth in Section 5 and any other Loan Document in effect at such time (as amended or modified from time to time) is then true and correct in all material respects (except to the extent already qualified by materiality, in which case such representation and warranty shall be true and correct in all respects), as if made on and as of such date except to the extent such representations and warranties are made only as of a specific earlier date; and g. Lender shall have received, in form and substance acceptable to Lender an executed Certificate of Beneficial Ownership and such other documentation and other information requested in connection with applicable “know your customer” and anti-money laundering rules and regulations, including the USA Patriot Act.