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.
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Samples: Credit Facilities (Hammerhead Energy Inc.), Credit Agreement (Hammerhead Energy Inc.)
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)Drawdown;
(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 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.
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Samples: Credit Agreement
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 a Borrower requesting the Drawdown;
(b) the representations and warranties set forth in Section 9.1 (other than those expressed to be given as of a specific date) 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)Drawdown;
(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;; and
(e) a Borrowing Base Shortfall shall not exist or result from if the proposed Drawdown; and
(f) in the case of any Drawdown other than Borrower requests a Drawdown by way which is a Requested Loan, then the applicable provisions of Letters of Credit or Overdraft Loans, after giving effect to such Drawdown Section 2.25 shall apply and the application of proceeds thereof, Borrower shall have previously prepaid all interest and fees set forth therein in compliance with said Section 2.25 prior to the Borrower would not have any Excess Cashrequested Drawdown being available.
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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.
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Conditions Precedent for all Drawdowns. On or before each Drawdown hereunder hereunder, the following conditions shall be satisfied:
(a) the Agent or (in the case of a Drawdown under any of the Syndicated Facilities), the Canadian Operating Lender (as in the case may beof a Drawdown under the Canadian Operating Facility) or the U.S. Operating Lender (in the case of a Drawdown under the U.S. Operating Facility) shall have received a proper and timely Drawdown Notice from the applicable Borrower requesting the such Drawdown;
(b) the representations and warranties set forth in Section 9.1 8.1 (other than those expressed to be given as of a specific date) shall be true and accurate in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) 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)Drawdown;
(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 requested Drawdown result in the occurrence of a Default or Event of Default;; and
(d) after giving effect to the proposed requested 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.
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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.
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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.
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