CONDITIONS OF LENDING, ETC Sample Clauses

CONDITIONS OF LENDING, ETC. 12.1 [Reserved].
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CONDITIONS OF LENDING, ETC. Section 12.1 Credit Extension 101104 Section 12.2 Conditions Precedent to all Loans 103106
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CONDITIONS OF LENDING, ETC. Subject to the Omnibus Waiver and Amendment Agreement, the obligation of each Lender to make its Loans is subject to the following conditions precedent:
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CONDITIONS OF LENDING, ETC. The effectiveness of this Agreement, and the obligation of each Lender to make its Loans hereunder, are subject to the following conditions precedent:
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CONDITIONS OF LENDING, ETC. 60 12.1 Initial Credit Extension. 60 12.1.1 Notes. 61 12.1.2 Authorization Documents. 61 12.1.3 Consents, etc. 61 12.1.4 Letter of Direction, Sources and Uses. 61 12.1.5 Guaranty Agreement. 61 12.1.6 Opinions of Counsel. 61 12.1.7 Insurance. 61 12.1.8 Payment of Fees. 61 12.1.9 Projections. 62 12.1.10 Termination of Prior Credit Agreement; Lien Searches. 62 12.1.11 Standard Car Acquisition Agreement. 62 12.1.12 Other. 62 12.2 Conditions. 62 12.2.1 Compliance with Warranties, No Default, etc. 62 12.2.2 Confirmatory Certificate. 62 SECTION 13 EVENTS OF DEFAULT AND THEIR EFFECT. 63 13.1 Events of Default. 63 13.1.1 Non-Payment of the Loans, etc. 63 13.1.2 Non-Payment of Other Debt. 63 13.1.3 Other Material Obligations. 63 13.1.4 Bankruptcy, Insolvency, etc. 63 13.1.5 Non-Compliance with Loan Documents. 63 13.1.6 Representations; Warranties. 64 13.1.7 Pension Plans. 64 13.1.8 Judgments. 64 13.1.9 Invalidity of Collateral Documents, etc. 64 13.1.10 Change of Control. 64 13.1.11 Material Adverse Effect. 64 13.2 Effect of Event of Default. 64 SECTION 14 THE AGENT[S]. 65 14.1 Appointment and Authorization. 65 14.2 Issuing Lender. 65 14.3 Delegation of Duties. 65 14.4 Exculpation of Administrative Agent. 66 14.5 Reliance by Administrative Agent. 66 14.6 Notice of Default. 66 14.7 Credit Decision. 67 14.8 Indemnification. 67 14.9 Administrative Agent in Individual Capacity. 68 14.10 Successor Administrative Agent. 68 14.11 Guaranty Matters. 68 14.12 Administrative Agent May File Proofs of Claim. 68 14.13 Other Agents; Arrangers and Managers. 69 14.14 No Reliance on Administrative Agent’s Customer Identification Program. 69 SECTION 15 GENERAL. 70 15.1 Waiver; Amendments. 70 15.2 Confirmations. 70 15.3 Notices. 70 15.4 Computations. 71 15.5 Costs, Expenses and Taxes. 71 15.6 Assignments. 72 15.7 Register. 73 15.8 Participations. 73 15.9 Limitations upon Participant Rights, Successors and Assigns Generally. 73 15.10 GOVERNING LAW. 73 15.11 Confidentiality. 74 15.12 Severability. 74 15.13 Nature of Remedies. 75 15.14 Entire Agreement. 75 15.15 Counterparts. 75 15.16 Successors and Assigns. 75 15.17 Captions. 75 15.18 INDEMNIFICATION BY THE COMPANY. 75 15.19 Nonliability of Lenders. 76 15.20 FORUM SELECTION AND CONSENT TO JURISDICTION. 77 15.21 WAIVER OF JURY TRIAL. 77 15.22 USA PATRIOT ACT. 77 ANNEXES ANNEX A Lenders and Pro Rata Shares and Addresses for Notices SCHEDULE 1.1 (B) Commitments of Lenders and Addresses for Notices SCHEDULE 2.3 Letters of Credit Outstanding ...
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CONDITIONS OF LENDING, ETC 
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Related to CONDITIONS OF LENDING, ETC

  • Conditions of Lending The obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder are subject to the satisfaction of the following conditions:

  • EFFECTIVENESS; CONDITIONS OF LENDING, ETC The obligation of each Lender to make its Loans and of the Issuing Lender to issue Letters of Credit is subject to the following conditions precedent:

  • CONDITIONS OF LENDING AND ISSUANCE OF LETTERS OF CREDIT The obligation of each Lender to make Loans and of the Issuing Lender to issue Letters of Credit hereunder is subject to the performance by each of the Loan Parties of its Obligations to be performed hereunder at or prior to the making of any such Loans or issuance of such Letters of Credit and to the satisfaction of the following further conditions:

  • Representations of Lenders Each Lender listed on the signature pages hereof hereby represents and warrants (i) that it is an Eligible Assignee described in clause (A) of the definition thereof; (ii) that it has experience and expertise in the making of loans such as the Loans; and (iii) that it will make its Loans for its own account in the ordinary course of its business and without a view to distribution of such Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this subsection 10.1, the disposition of such Loans or any interests therein shall at all times remain within its exclusive control). Each Lender that becomes a party hereto pursuant to an Assignment Agreement shall be deemed to agree that the representations and warranties of such Lender contained in Section 2(c) of such Assignment Agreement are incorporated herein by this reference.

  • Representations of Lender Lender represents and warrants to Bank that: (i) this Lending Agreement is, and each Loan shall be, legally and validly entered into, and does not and shall not violate any statute, regulation, rule, order or judgment binding on Lender, or any provision of Lender's charter or by-laws, or any agreement binding on Lender or affecting its property; (ii) the person executing this Lending Agreement and all Authorized Persons acting on behalf of Lender has and have been duly and properly authorized to do so; (iii) it is lending Securities as principal and shall not transfer, assign or encumber its interest in, or rights with respect to, any Securities available for Loan hereunder; (iv) it is the beneficial owner of all Securities or otherwise has the right to lend Securities; and (v) it is entitled to receive all interest, dividends and other distributions (including, but not limited to, payments made by the depositary in connection with American Depositary Receipts and Global Depositary Receipts) ("Distributions") made by the issuer with respect thereto. Lender shall promptly identify to Bank by notice, which notice may be oral, any Securities that are no longer subject to the representations contained in (b).

  • Nature of Obligations of Lenders Regarding Extensions of Credit The obligations of the Lenders under this Agreement to make the Loans and issue or participate in Letters of Credit are several and are not joint or joint and several. The failure of any Lender to make available its Commitment Percentage of any Loan requested by the Borrower shall not relieve it or any other Lender of its obligation, if any, hereunder to make its Commitment Percentage of such Loan available on the borrowing date, but no Lender shall be responsible for the failure of any other Lender to make its Commitment Percentage of such Loan available on the borrowing date.

  • CONDITIONS TO EFFECTIVENESS AND LENDING SECTION 3.01.

  • Conditions of U S. Underwriters' Obligations. The obligations of the several U.S. Underwriters hereunder are subject to the accuracy of the representations and warranties of the Company contained in Section 1 hereof or in certificates of any officer of the Company or any subsidiary of the Company delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:

  • Obligations of Lenders Each Loan shall be made as part of a Borrowing consisting of Loans of the same Type made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

  • Conditions to Obligations of the Company to Effect the Merger The obligations of the Company to effect the Merger are further subject to satisfaction or waiver at or prior to the Effective Time of the following conditions:

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