Conditions of drawdown. The Agent shall not be under any obligation to advance a part of a Portion hereunder until all the documents and evidence referred to in the relevant part of Schedule 4 are in the possession of the Agent in form and substance satisfactory to it, the Arrangers, the Lenders and the Hermes Agent.
Conditions of drawdown. The Agent shall not be under any obligation to advance a Drawing hereunder until all the documents and evidence referred to in the relevant part of Part I of Schedule 3 are in the possession of the Agent in form and substance satisfactory to the Agent.
Conditions of drawdown. The Agent shall not be under any obligation to advance the Term Loan Facility or a Drawing hereunder until all the documents and evidence referred to in the relevant part of Schedule 3 are in the possession of the Agent in form and substance satisfactory to the Lenders.
Conditions of drawdown. 4.1 Initial conditions precedent
Conditions of drawdown. 4.1. Initial conditions precedent The Borrower may not deliver the Drawdown Request unless the Agent has received all of the documents and other evidence listed in Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.
4.2. Further conditions precedent The Lenders will only be obliged to comply with Clause 5.4 (Lenders' participation) if on the date of the Drawdown Request and on the proposed Drawdown Date:
(i) no Default is continuing or would result from the proposed Loan, as the case may be; and
(ii) all representations to be made by each Obligor under the Finance Documents are true in all respects.
4.3. (Intentionally omitted)
Conditions of drawdown. (a) The obligations of the Bank to make the initial Advance hereunder is, at the option of the Bank, subject to the fulfillment (as determined solely by the Bank) of the following conditions prior to the Drawdown:
(i) the Bank having received evidence satisfactory to it of good standing of the Borrower under the laws of the State of Delaware together with an up-to-date copy of its Articles of Incorporation and Bylaws (if any) (certified to be true copies and then currently in full force and effect by an appropriate officer of the Borrower);
(ii) the Bank having received (1) a reasonable number of copies (certified to be true copies and then currently in full force and effect by an appropriate officer of the Borrower) of such evidence (in the form of a resolution, by-law, or otherwise) as is valid under the laws of the State of Delaware to verify the authority of the Borrower to make the borrowing on the terms and conditions of this Agreement and the authority of the Borrower to execute and deliver this Agreement and (2) a power of attorney, resolution or other evidence of the authority of the person named therein to sign this Agreement and any other document required to be given by the Borrower pursuant to this Agreement on behalf of the Borrower legally to bind the Borrower;
(iii) the Bank having received specimen signature, certified by an appropriate officer of the Borrower, of the person referred to in (ii)(2) above;
(iv) the Bank having received copies (certified to be true copies and then currently in full force and effect by an appropriate officer of the Borrower) of all governmental approvals, authorizations, consents and licenses necessary, if any, in connection with the execution or performance by the Borrower of this Agreement or in connection with the payment or remittance by the Borrower of any amounts pursuant hereto or thereto; The obligation of the Bank to make any Advance hereunder is subject to the further condition that:
(i) no Event of Default (and no event which with the giving of notice, lapse of time or both would constitute an Event of Default) has occurred and is continuing as at the time of request for and the time of the making of the relevant Drawdown,
(ii) all of the representations and warranties given by the Borrower herein are true and correct in all respects as if made as at the time of request for and the time of the making of the relevant Drawdown; and
(iii) all the covenants of the Borrower contained herein have been ful...
Conditions of drawdown. The Paying Agent shall not be under any obligation to advance the Loan hereunder until all the documents and evidence referred to in the relevant part of Schedule 4 are in the possession of the Paying Agent in form and substance satisfactory to it.
Conditions of drawdown. SECURITY
Conditions of drawdown. 4.1 Initial conditions precedent The Lenders will only be obliged to comply with Clause 6.4 (Lenders’ participation) in relation to any Request if the Agent has received all of the documents and other evidence listed in Schedule 2 (Conditions precedent) in form and substance satisfactory to the Agent. The Agent shall notify the Borrower and the Lenders promptly upon being so satisfied.
Conditions of drawdown. With respect to the first drawdown, the Borrower shall simultaneously provide a Details of Repayment Schedule (in the form of Schedule 4) to the Facility Agent, and the Facility Agent shall notify each Bank to make available the funds in accordance with its respective Participation Percentage and shall repay the Existing Indebtedness for the Borrower; if the Facility Agent has made the remittance to the creditor’s account designated by the Borrower pursuant to the instruction of the Borrower, the Borrower is deemed to receive such advance and shall not raise any objection, withdraw or cancel such instruction or render it ineffective in any way.