Conditions Precedent Events. Each Loan made by the Bank to Borrower at the request of Borrower pursuant to this Agreement or the other Loan Documents shall in any event be subject to the following conditions precedent: (a) there shall not then exist an Event of Default or any event or condition which with notice, lapse of time and/or the making of such Loan would constitute an Event of Default; (b) the representations, warranties and covenants of Borrower contained in this Agreement shall be true and correct as of the date of such Loan with the same effect as though made on such date; (c) all of the covenants and agreements of Borrower in this Agreement, and all of the requirements of this Agreement with respect to such Loan, shall have been complied with; and (d) there shall not have occurred, since the date of this Agreement, any material adverse change in the financial condition, results of operations, assets or businesses of Borrower. Each borrowing by Borrower hereunder shall be deemed a representation and warranty by Borrower that the foregoing conditions have been fulfilled as of the date of such borrowing. The Bank shall have received upon request a certificate signed by the President or Chief Financial Officer of Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this SECTION 5.5.
Conditions Precedent Events. Each Loan made by Agent and the Lenders to Borrowers at the request of Borrowers pursuant to this Agreement or the other Loan Documents shall in any event be subject to the following conditions precedent: (a) there shall not then exist an Event of Default or any event or condition which with notice, lapse of time and/or the making of such Loan would constitute an Event of Default; (b) the representations and warranties of each Borrower contained in this Agreement shall be true and correct in all material respects as of the date of such Loan with the same effect as though made on such date, except to the extent such representation or warranty expressly relates to an earlier date and (c) no Material Adverse Change shall have occurred. Each borrowing by the Borrowers hereunder shall be deemed a representation and warranty by Borrowers that the foregoing conditions have been fulfilled as of the date of such borrowing.
Conditions Precedent Events. 22 5.4 Offset. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5.5 Credit Termination Date; Continuance of Obligations, Etc. . . . . . . . . . . . . . 23 5.6 Loan Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5.7
Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, at the request of Borrower pursuant to this Agreement or the Other Agreements shall in any event be subject to the following conditions precedent: (a) there shall not then exist an Event of Default (as hereinafter defined) or any event or condition which with notice, lapse of time and/or the making of such Loan would constitute an Event of Default; (b) the representations, warranties and covenants of Borrower contained in this Agreement shall be true and correct in all material respects as of the date of such Loan with the same effect as though made on such date; (c) all of the covenants and agreements of Borrower in this Agreement, and all of the requirements of this Agreement with respect to such Loan, shall have been complied with; and (d) there shall not have
Conditions Precedent Events. 13 5.5 Offset. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 5.6 Discretionary Disbursements . . . . . . . . . . . . . . . . . . . .14 5.7 Credit Termination Date, Continuance of Obligations, Etc. . . . . .14 5.8
Conditions Precedent Events. 25 5.5 Offset.......................................................................................26 5.6 Discretionary Disbursements..................................................................26 5.7 Credit Termination Date; Continuance of Obligations, Etc.....................................26 5.8
Conditions Precedent Events. 21 5.6 Offset..................................................22 5.7 Credit Termination Date; Continuance of Obligations, Etc.....................................................22 5.8 Loan Evidence...........................................22 5.9 Over-Advances...........................................22 5.10 Unused Portion Fee......................................22 5.11 Prepayment..............................................23 5.12 Transaction Fee.........................................24
Conditions Precedent Events. Each Loan made by Bank to Borrowers at --------------------------- the request of Borrowers pursuant to this Agreement or the Other Agreements shall in any event be subject to the following conditions precedent: (a) there shall not then exist an Event of Default (as hereinafter defined) or any event or condition which with notice, lapse of time and/or the making of such Loan would constitute an Event of Default; (b) the representations, warranties and covenants of each Borrower contained in this Agreement shall be true and correct as of the date of such Loan with the same effect as though made on such date; (c) all of the covenants and agreements of each Borrower in this Agreement, and all of the requirements of this Agreement with respect to such Loan, shall have been complied with; and (d) there shall not have occurred, since the date of this Agreement, any material adverse change in the financial condition, results of operations or business of any Borrower. Each borrowing by Borrowers hereunder shall be deemed a representation and warranty by each Borrower that the foregoing conditions have been fulfilled as of the date of such borrowing. Bank shall have received upon request a certificate signed by the Authorized Agent of Borrowers and either Xxxxx Xxxxxxxx, the president and chief executive officer of CMC, or Xxxxxx Xxxxxx, the assistant treasurer and assistant secretary of HTI, dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this Paragraph 5.2. ------------- 15.3
Conditions Precedent Events. 19 5.5 Offset. .................................................20 5.6
Conditions Precedent Events. Each Loan made by the Lenders to Borrower at the request of Borrower pursuant to this Agreement or the Other Agreements shall in any event be subject to the following conditions precedent: (a) there shall not then exist an Event of Default or any event or condition which with notice, lapse of time and/or the making of such Loan would constitute an Event of Default; (b) the representations and warranties of Borrower contained in this Agreement shall be true and correct as of the date of such Loan with the same effect as though made on such date; and (c) all of the requirements of this Agreement with respect to such Loan shall have been complied with. Each Loan to Borrower hereunder shall be deemed a representation and warranty by Borrower that the foregoing conditions have been fulfilled as of the date of the making of such Loan. Each Lender shall have received upon request by Agent a certificate signed by the President or Chief Financial Officer of Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(c) of this PARAGRAPH 4A(6).
