CONDITIONS OF EFFECTIVENESS AND LENDING. The obligations of the Lenders to make extensions of credit (including the initial extension of credit) hereunder are subject to the satisfaction of the following conditions:
CONDITIONS OF EFFECTIVENESS AND LENDING. 49 SECTION 4.1. Effectiveness..........................................49 SECTION 4.2. Initial Loans to Subsidiary Borrowers..................50 SECTION 4.3. All Credit Events......................................50 ARTICLE V COVENANTS.........................................................51 SECTION 5.1. Financial Statements...................................51 SECTION 5.2. Corporate Existence, Etc...............................53 SECTION 5.3. Insurance..............................................54 SECTION 5.4. Prohibition of Fundamental Changes.....................54 SECTION 5.5. Limitation on Liens....................................55 SECTION 5.6. Limitation on Subsidiary Indebtedness..................56 SECTION 5.7. Consolidated Coverage Ratio............................57 SECTION 5.8. Use of Proceeds........................................57 SECTION 5.9. Transactions with Affiliates...........................57
CONDITIONS OF EFFECTIVENESS AND LENDING. 30 Section 4.1 Conditions Precedent to Effectiveness........................30 Section 4.2 Conditions Precedent to Each Borrowing.......................31 ARTICLE V
CONDITIONS OF EFFECTIVENESS AND LENDING. SECTION 3.01. Conditions Precedent to Effectiveness of the Amendment and Restatement of this Agreement.............................................................48 SECTION 3.02. Conditions Precedent to Each A Borrowing.................................................................................49 SECTION 3.03. Conditions Precedent to Each B Borrowing.................................................................................50
CONDITIONS OF EFFECTIVENESS AND LENDING. The obligations of the Lenders to make Loans (including the initial Borrowing) hereunder are subject to the satisfaction of the following conditions:
CONDITIONS OF EFFECTIVENESS AND LENDING. 38 SECTION 3.1 Conditions Precedent to Effectiveness of this Agreement....................................38 SECTION 3.2 Conditions Precedent to Initial Advances...................................................38 SECTION 3.3 Conditions Precedent to Initial Advances to Any Borrowing Subsidiary.......................39 SECTION 3.4 Conditions Precedent to Each Borrowing.....................................................40
CONDITIONS OF EFFECTIVENESS AND LENDING. 78 4.01 All Events ........................ 78 4.02 Effectiveness ..................... 78
CONDITIONS OF EFFECTIVENESS AND LENDING. The effectiveness of this Agreement and the obligations of the Lenders to make Loans hereunder and of the Issuing Bank to issue Letters of Credit hereunder shall be subject to the following conditions precedent:
CONDITIONS OF EFFECTIVENESS AND LENDING. 43 SECTION 4.1. Effectiveness ...................................... 43 SECTION 4.2. Initial Loans to Subsidiary Borrowers ............
CONDITIONS OF EFFECTIVENESS AND LENDING. SECTION 3.1. Conditions Precedent to Effectiveness of this Agreement. This Agreement shall become effective (the "Effective Date") when (i) it shall have been executed by the Company, EPNGC, Tennessee, the Administrative Agent, the CAF Advance Agent, the Co-Documentation Agents and the Co-Syndication Agents and (ii) the Administrative Agent and the Company either shall have been notified by each Lender that such Lender has executed it or shall have received a counterpart of this Agreement executed by such Lender (or compliance with the foregoing shall have been waived by the Lenders). Anything in this Agreement to the contrary notwithstanding, if all of the conditions to effectiveness of this Agreement specified in this Section 3.1 shall not have been fulfilled on or before May 15, 2002, (i) the Company shall on such date pay all accrued and unpaid facility fees pursuant to Section 2.8 and (ii) this Agreement, and all of the obligations of the Company, the Lenders, the Administrative Agent and the CAF Advance Agent hereunder, shall be terminated on and as of 5:00 P.M. (New York City time) on May 15, 2002; provided, however, that as soon as the Administrative Agent determines that all of the conditions to effectiveness of this Agreement specified in this Section 3.1 shall have been fulfilled on or before May 15, 2002, the Administrative Agent shall furnish written notice to the Company and the Lenders to the effect that it has so determined, and such notice by the Administrative Agent shall constitute conclusive evidence that this Agreement shall have become effective for all purposes. Notwithstanding the foregoing, the obligations of the Company to pay fees pursuant to Section 2.8 as well as all obligations of the Borrowers pursuant to Section 9.4 shall survive the termination of this Agreement.
