Common use of Conditions Precedent for all Drawdowns Clause in Contracts

Conditions Precedent for all Drawdowns. On or before each Drawdown hereunder the following conditions shall be satisfied: (a) the Agent or the Operating Lender (as the case may be) shall have received a proper and timely Drawdown Notice from the Borrower requesting the Drawdown; (b) the representations and warranties set forth in Section 9.1 shall be true and accurate in all respects on and as of the date of the requested Drawdown (other than those representations and warranties expressed to be given as of a specified date); (c) no Default or Event of Default shall have occurred and be continuing on and as of the date of the requested Drawdown nor shall the Drawdown result in the occurrence of a Default or Event of Default; (d) after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans outstanding under the relevant Credit Facility shall not exceed the maximum amount of such Credit Facility; (e) a Borrowing Base Shortfall shall not exist or result from the proposed Drawdown; and (f) in the case of any Drawdown other than a Drawdown by way of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown and the application of proceeds thereof, the Borrower would not have any Excess Cash.

Conditions Precedent for all Drawdowns. On or before each Drawdown hereunder the following conditions shall be satisfied: (a) the Agent or the Operating Lender (as the case may be) shall have received a proper and timely Drawdown Notice from the Borrower requesting the Drawdown; (b) the representations and warranties set forth in Section 9.1 8.1 shall be true and accurate in all material respects on and as of the date of the requested Drawdown (save and except for: (i) the representations and warranties in Section 8.1 which are expressed to be as of a specific date; and (ii) those representations and warranties in Section 8.1 which are already subject to a materiality threshold (such as Material Adverse Effect), which shall be true and accurate in all respects on and as of the date of the requested Drawdown (other than those representations and warranties expressed to be given as of a specified dateDrawdown); (c) no Default or Event of Default shall have occurred and be continuing on and as of the date of the requested Drawdown nor shall the Drawdown result in the occurrence of a Default or Event of Default; (d) after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans outstanding under the relevant Credit Facility shall not exceed the maximum amount of such Credit Facility; (e) a Borrowing Base Shortfall shall not exist or result from the proposed Drawdown and, after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans shall not exceed the Borrowing Base then in effect; and (f) in the case of any Drawdown other than a Drawdown by way of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown and the application of proceeds thereof, the Borrower would not have any Excess Cash.

Conditions Precedent for all Drawdowns. On or before each Drawdown hereunder the following conditions shall be satisfied: (a) the Agent or the Operating Lender (as the case may be) shall have received a proper and timely Drawdown Notice from the Borrower requesting the Drawdown; (b) the representations and warranties set forth in Section 9.1 8.1 shall be true and accurate in all material respects on and as of the date of the requested Drawdown (save and except for: (i) the representations and warranties in Section 8.1 which are expressed to be as of a specific date; and (ii) those representations and warranties in Section 8.1 which are already subject to a materiality threshold (such as Material Adverse Effect), which shall be true and accurate in all respects on and as of the date of the requested Drawdown (other than those representations and warranties expressed to be given as of a specified dateDrawdown); (c) no Default or Event of Default shall have occurred and be continuing on and as of the date of the requested Drawdown nor shall the Drawdown result in the occurrence of a Default or Event of Default; (d) after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans outstanding under the relevant Credit Facility shall not exceed the maximum amount of such Credit Facility; (e) a Borrowing Base Shortfall shall not exist or result from the proposed Drawdown and, after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans shall not exceed the Borrowing Base then in effect; and (f) in the case of any Drawdown other than a Drawdown by way of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown and the application of proceeds thereof, the Borrower would not have any Excess Cash.

Conditions Precedent for all Drawdowns. On or before each Drawdown hereunder (including the first Drawdown hereof on the Initial Funding Date) the following conditions shall be satisfied: (a) the Agent or the Operating Lender (as the case may be) shall have received a proper and timely Drawdown Notice from the Borrower requesting the Drawdown; (b) the representations and warranties set forth in Section 9.1 8.1 shall be true and accurate in all material respects on and as of the date of the requested Drawdown (save and except for: (i) the representations and warranties in Section 8.1 which are expressed to be as of a specific date; and (ii) those representations and warranties in Section 8.1 which are already subject to a materiality threshold (such as Material Adverse Effect), which shall be true and accurate in all respects on and as of the date of the requested Drawdown (other than those representations and warranties expressed to be given as of a specified dateDrawdown); (c) no Default or Event of Default shall have occurred and be continuing on and as of the date of the requested Drawdown nor shall the Drawdown result in the occurrence of a Default or Event of Default; (d) after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans outstanding under the relevant Credit Facility shall not exceed the maximum amount of such Credit Facility; (e) a Borrowing Base Shortfall shall not exist or result from the proposed Drawdown and, after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans shall not exceed the Borrowing Base then in effect; and (f) in the case of any Drawdown other than a Drawdown by way of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown and the application of proceeds thereof, the Borrower would not have any Excess Cash.

Conditions Precedent for all Drawdowns. On or before each a Drawdown hereunder the following conditions shall be satisfied: (a) the Agent or the Operating Lender (as the case may be) Lenders shall have received a proper and timely Drawdown Notice from the Borrower requesting the Drawdown; (b) in respect of a Drawdown under the representations Class A Subordinated Debt Facility or the Class B Subordinated Debt Facility: (i) no Default or Event of Default pursuant to Section 9.1(j) (Dissolution), Section 9.1(k) (Cease to Carry on Business), Section 9.1(1) (Termination of Processing Agreements) or Section 9.1(m) (Abandonment of Project or Facility) shall have occurred and warranties set forth in Section 9.1 shall be true and accurate in all respects continuing on and as of the date of the requested Drawdown Drawdown; (other than those representations ii) no Default or Event of Default pursuant to Section 9.1(d) (Senior Commercial Debt Cross Acceleration). Section 9.1 (g) (Involuntary Insolvency), Section 9.1(h) (Involuntary Insolvency) or Section 9.1(i) (Voluntary Insolvency) shall have occurred and warranties expressed to be given continuing as of a specified date);the date of the requested Drawdown; and (iii) no builders’ liens shall have been registered or filed pursuant to applicable law against the lands upon which the Facility is situated for an aggregate amount which is Cdn.$300,000,000 or more and such lien remains undischarged as of the date of the requested Drawdown, provided that the conditions in each of Sections 6.2(b)(ii) and 6.2(b)(iii) shall not apply if the Lenders are satisfied, acting reasonably, that the requested Advance will be applied by or on behalf of the Borrower to pay Facility Capital Costs and Debt Service Costs which are required to complete construction of the Project to COD; and [EGAL_CAL:1 1257721.13 (c) in respect of a Drawdown under the Class C Subordinated Debt Facility, no Default or Event of Default shall have occurred and be continuing on and as of the date of the requested Drawdown nor shall the Drawdown result in the occurrence of a Default or Event of Default;Drawdown. (d) after giving effect to the proposed DrawdownFor certainty, the Outstanding Principal suspension of all Loans outstanding under the relevant Credit Facility covenants, Defaults and Events of Default pursuant to Section 8.4 shall not exceed apply to Defaults and Events of Default for the maximum amount purposes of such Credit Facility; (e) a Borrowing Base Shortfall shall not exist or result from the proposed Drawdown; and (f) in the case of any Drawdown other than a Drawdown by way of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown and the application of proceeds thereof, the Borrower would not have any Excess Cashthis Section 6.2.

Conditions Precedent for all Drawdowns. On or before each Drawdown hereunder (including the Woodcote Transaction Drawdown on the Term Loan Facility Drawdown Date; provided that, for certainty, in the case of the Woodcote Transaction Drawdown, the conditions listed in Section 3.2 shall also be satisfied) the following conditions shall be satisfied: (a) the Agent or the Operating Lender (as the case may be) shall have received a proper and timely Drawdown Notice from the Borrower requesting the Drawdown; (b) the representations and warranties set forth in Section 9.1 8.1 shall be true and accurate in all material respects on and as of the date of the requested Drawdown (save and except for: (i) the representations and warranties in Section 8.1 which are expressed to be as of a specific date; and (ii) those representations and warranties in Section 8.1 which are already subject to a materiality threshold (such as Material Adverse Effect), which shall be true and accurate in all respects on and as of the date of the requested Drawdown (other than those representations and warranties expressed to be given as of a specified dateDrawdown); (c) no Default or Event of Default shall have occurred and be continuing on and as of the date of the requested Drawdown nor shall the Drawdown result in the occurrence of a Default or Event of Default; (d) after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans outstanding under the relevant Credit Facility shall not exceed the maximum amount of such Credit Facility; (e) a Borrowing Base Shortfall shall not exist or result from the proposed Drawdown and, after giving effect to the proposed Drawdown, the Outstanding Principal of all Loans shall not exceed the Borrowing Base then in effect; and (f) in the case of any Drawdown other than a Drawdown by way of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown and the application of proceeds thereof, the Borrower would not have any Excess Cash.. ‑ 72 ‑