Common use of Conditions Precedent Events Clause in Contracts

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 their 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 occurred, since the date of this Agreement, any material adverse change in the financial condition, results of operations or business 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. Bank shall have received upon request a certificate signed by an Authorized Officer of Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this Paragraph 5.3.

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrowers at the request of Borrower Borrowers pursuant to this Agreement or their 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 in all material respects as of the date of such Loan except for those made as of a particular date 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 any Borrower hereunder shall be deemed a representation and warranty by such 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 an Authorized Officer of such Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this Paragraph 5.35.5.

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrowers at --------------------------- the request of Borrower Borrowers pursuant to this Agreement or their 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 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 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 Borrower 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 an the Authorized Officer Agent of Borrower 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 5.3.5.2. -------------

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrower at the request of Borrower issued for the account of Borrower pursuant to this Agreement or their the Other Agreements shall in any event be subject to the following conditions precedent; : (ai) 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; (bii) the representations, representations and 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; (ciii) 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 (div) 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 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. Bank shall have received upon request a certificate signed by an Authorized Officer of Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(di)-(iv) of this Paragraph 5.35.4.

Conditions Precedent Events. Each Loan made by the Bank Lenders --------------------------- to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrowers at the request of Borrower Borrowers pursuant to this Agreement or their 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 in all material respects as of the date of such Loan except for those made as of a particular date 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 any Borrower hereunder shall be deemed a representation and warranty by such Borrower that the foregoing conditions have been fulfilled as of the date of such borrowing. Bank Agent shall have received upon request a certificate signed by an Authorized Officer of such Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this Paragraph 5.3.5.7. -------------

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrower at the request of Borrower pursuant to this Agreement or their 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, representations and warranties and covenants of Borrower (after giving effect to the consummation of the Acquisition) 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 occurred, since the date of this Agreement, any material adverse change in the financial condition, results of operations or business of Borrower. Each borrowing 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. Bank shall have received upon request a certificate signed by an Authorized Officer of Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this Paragraph 5.35.4.

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrower at the request of Borrower, or in payment of amounts due hereunder or under the Note, issued for the account of Borrower pursuant to this Agreement or their the Other Agreements shall in any event be subject to the following conditions precedent; : (ai) 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; (bii) the representations, representations and 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; (ciii) 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 (div) 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 Borrower. Each borrowing 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 borrowingBorrowing. Bank shall have received upon request a certificate signed by an Authorized Officer of Borrower dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(di)-(iv) of this Paragraph 5.3PARAGRAPH 5.4.

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrowers at the request of Borrowers issued for the account of any Borrower pursuant to this Agreement or their the Other Agreements shall in any event be subject to the following conditions precedent; : (ai) 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; (bii) the representations, representations and warranties and covenants 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; (ciii) 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 (div) 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 Borrowing by Borrower 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 an Authorized Officer of Borrower Representative dated the date of such requested Loan certifying satisfaction of the conditions specified in clauses (a)-(di)-(iv) of this Paragraph 5.35.

Conditions Precedent Events. Each Revolving Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, --------------------------- Borrower at the request of Borrower pursuant to this Agreement or their 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 Revolving 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 Revolving 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 Revolving 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 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. Bank shall have received upon request a certificate signed by an the Authorized Officer Agent of Borrower and either Xxxxx Xxxxxxxx, the president and chief executive officer of Borrower, or Xxxxxx Xxxxxx, the assistant treasurer and assistant secretary of MLC, dated the date of such requested Revolving Loan certifying satisfaction of the conditions specified in clauses (a)-(d) of this Paragraph 5.3.5.2. -------------

Conditions Precedent Events. Each Loan made by the Bank to Borrower, other than a conversion from a LIBOR Loan to a Base Rate Loan, Borrower at the request of Borrower pursuant to this Agreement or their Other Agreements 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 (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 occurred, since the date of this Agreement, any material adverse change in the financial condition, results of operations operations, assets or business 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 an Authorized 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 Paragraph 5.3SECTION 5.5.