Common use of Conditions Precedent in General Clause in Contracts

Conditions Precedent in General. In addition to the other conditions set forth herein, the obligation of Lender to make the Initial Advance and each subsequent Loan Advance under this Agreement shall be conditioned upon and subject to the payment to Lender of all loan fees then owing from Borrower to Lender and to satisfaction of all of the following conditions: (a) All representations and warranties contained in this Agreement and in the other Loan Documents shall be true in all material respects on and as of the date of such disbursement. (b) Borrower shall have performed all of its obligations under all Loan Documents which are required to be performed on or prior to the date of such disbursement. (c) The Loan shall not be “out of balance” as determined under Section 5.8 below, and the disbursement shall not cause the Loan to be “out of balance.” (d) There shall be no material adverse change in the financial condition of Borrowed or any Guarantor as reasonably determined by Lender. (e) No Event of Default shall have occurred that has not been waived in writing by Lender, and no Unmatured Default shall then exist. (f) No litigation or proceedings are pending (including proceedings under Title 11 of the United States Code) against Borrower, Guarantor or the Project, which litigation or proceedings, in the reasonable judgement of Lender, would adversely affect Borrower’s or Guarantor’s ability to perform its respective obligations under the Loan Documents.

Conditions Precedent in General. In addition to the other conditions set forth herein, the obligation of Lender to make the Initial Advance and each subsequent Loan Advance under this Agreement shall be conditioned upon and subject to the payment to Lender of all loan fees then owing from Borrower to Lender Lender, including without limitation the Loan Expenses, and to satisfaction of all of the following conditions: (a) All representations and warranties contained in this Agreement and in the other Loan Documents shall be true in all material respects on and as of the date of such disbursement. (b) Borrower shall have performed performed, or Lender shall have waived, all of its obligations under all Loan Documents which are required to be performed on or prior to the date of such disbursement. (c) The Loan shall not be “out of balance” as determined under Section 5.8 below, and the disbursement shall not cause the Loan to be “out of balance.” (d) There shall be no material adverse change in the business prospects or financial condition of Borrowed or any Guarantor Borrower as reasonably determined by Lender. (ed) No Event of Default shall have occurred that has not been waived in writing by Lender, and no Unmatured Default shall then exist. (fe) No litigation or proceedings are pending (including proceedings under Title 11 of the United States Code) against Borrower, Guarantor or the Project, which litigation or proceedings, in the reasonable judgement judgment of Lender, would adversely affect Borrower’s or Guarantor’s ability to perform its respective obligations under the Loan Documents.

Conditions Precedent in General. In addition to the other conditions set forth herein, the obligation of Lender to make the Initial Advance and each subsequent any Term Loan Advance under this Agreement shall be conditioned upon and subject to the payment to Lender of all loan fees then owing from Borrower to Lender Lender, including without limitation the Term Loan Expenses, and to satisfaction of all of the following conditions: (a) All representations and warranties contained in this Agreement and in the other Term Loan Documents shall be true in all material respects on and as of the date of such disbursement. (b) Borrower shall have performed performed, or Lender shall have waived, all of its obligations under all Term Loan Documents which are required to be performed on or prior to the date of such disbursement. (c) The Loan shall not be “out of balance” as determined under Section 5.8 below, and the disbursement shall not cause the Loan to be “out of balance.” (d) There shall be no material adverse change in the business prospects or financial condition of Borrowed or any Guarantor Borrower as reasonably determined by Lender. (ed) No Event of Default shall have occurred that has not been waived in writing by Lender, and no Unmatured Default shall then exist. (fe) No litigation or proceedings are pending (including proceedings under Title 11 of the United States Code) against Borrower, Guarantor or the Project, which litigation or proceedings, in the reasonable judgement judgment of Lender, would adversely affect Borrower’s or Guarantor’s ability to perform its respective obligations under the Term Loan Documents.

Conditions Precedent in General. In addition to the other conditions set forth herein, the obligation of Lender Lenders to close the Loan and make the Initial Advance and each subsequent Loan Advance under this Agreement shall be conditioned upon and subject to the payment to Lender Administrative Agent of all loan fees then owing from Borrower to Lender Administrative Agent and Lenders and to satisfaction of all of the following conditions: (a) All representations and warranties contained in this Agreement and in the other Loan Documents shall be true in all material respects on and as of the date of such disbursementLoan Advance (except to the extent such representation and warranty is a matter that (i) relates solely to an earlier date or time, in which case such representation and warranty will be true and correct in all material respects on and as of the specific dates or times referred to therein, or (ii) by its nature can no longer be true and correct as a result of the passage of time or as the result of events not prohibited by the Loan Documents). (b) Borrower shall have performed all of its obligations under all Loan Documents which are required to be performed on or prior to the date of such disbursement. (c) The Loan shall not be “out of balance” as determined under Section 5.8 below, and the disbursement shall not cause the Loan to be “out of balance.” (d) There shall be no material adverse change in the financial condition of Borrowed or any Guarantor as reasonably determined by Lender. (e) No Event of Default shall have occurred that has not been waived in writing by Lenderthe Required Lenders (or all Lenders if so required by Section 10.12(d)), and no Unmatured Default shall then exist. (fc) No litigation or proceedings are pending or, to Xxxxxxxx’s knowledge, have been threatened in writing (including proceedings under Title 11 of the United States Code) against Borrower, Guarantor any Guarantor, or the ProjectPortfolio, which litigation or proceedings, in the reasonable judgement judgment of LenderAdministrative Agent, would adversely affect Borrower’s could constitute a Material Adverse Occurrence. (d) Borrower and each Guarantor shall have delivered such other documents, assignments, certificates and opinions as are required by the Title Company, or Guarantor’s ability to perform its respective obligations under as may be reasonably required by Administrative Agent or the Loan DocumentsLenders.

Conditions Precedent in General. In addition to the other conditions set forth herein, the obligation of Lender to make the Initial Advance and each subsequent any Loan Advance under this Agreement shall be conditioned upon and subject to the payment to Lender of all loan fees then owing from Borrower to Lender and to satisfaction of all of the following conditions: (a) The Lender shall have received all documents, instruments and reports referred to in Article 4, in form and substance reasonably acceptable to the Lender, as of the date of such disbursement. (b) All representations and warranties contained in this Agreement and in the other Loan Documents shall be true in all material respects on and as of the date of such disbursement. (bc) Borrower shall have performed all of its obligations under all Loan Documents which are required to be performed on or prior to the date of such disbursement. (c) The Loan shall not be “out of balance” as determined under Section 5.8 below, and the disbursement shall not cause the Loan to be “out of balance.” (d) There shall be no material adverse change Material Adverse Effect in the financial condition of Borrowed or any Guarantor Borrower as reasonably determined by LenderLender as of the date of such disbursement. (e) No Event of Default shall have occurred that has not been waived in writing by Lender, and no Unmatured event or circumstance that with the giving of notice, the passage of time, or both, would constitute an Event of Default shall then exist. (f) No litigation or proceedings are pending (including proceedings under Title 11 of the United States Code) against Borrower, Guarantor Borrower or the ProjectProperty, which litigation or proceedings, in the reasonable judgement judgment of Lender, would adversely affect Borrower’s or Guarantor’s ability to perform its respective obligations under the Loan DocumentsDocuments or adversely affect the Property or any portion thereof.