Conditions Precedent on All Funding Dates. Each Revolving Advance on a Funding Date (including the Initial Funding Date) shall be subject to the further conditions precedent that the Borrower and the Lender shall have agreed upon the terms of such Revolving Advance and also that: (a) the Borrower shall have delivered to the Lender, at least two Business Days prior to such Funding Date, in form and substance satisfactory to the Lender a completed Borrower's Certificate and a Borrowing Base Certificate, together with such additional information as may reasonably be requested by the Lender or the Master Servicer; (b) on such Funding Date the following statements shall be true (and acceptance of the proceeds of such Revolving Advance shall be deemed a representation and warranty by the Borrower that such statements are then true): (i) the representations and warranties contained in Exhibits III and VII are correct on and as of the date of such Revolving Advance as though made on and as of such date other than such representations and warranties that, by their terms, refer only to a specific date other than such Funding Date, and (ii) no event has occurred and is continuing, or would result from such Revolving Advance or any actions connected therewith, that constitutes a Default or an Event of Default; (c) the Lender shall have received such other approvals, opinions or documents as it may reasonably request. EXHIBIT III.
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Samples: Loan and Security Agreement (Nu Tech Bio Med Inc), Loan and Security Agreement (Physicians Clinical Laboratory Inc)
Conditions Precedent on All Funding Dates. Each Revolving Advance on a Funding Date (including the Initial Funding Date) shall be subject to the further conditions precedent that the Borrower and the Lender shall have agreed upon the terms of such Revolving Advance and also that:
(a) the Borrower shall have delivered to the Lender, at least two Business Days prior to such Funding Date, in form and substance satisfactory to the Lender a completed Borrower's Certificate and a Borrowing Base Certificate, together with such additional information as may reasonably be requested by the Lender or the Master Servicer;
(b) on such Funding Date the following statements shall be true (and acceptance of the proceeds of such Revolving Advance shall be deemed a representation and warranty by the Borrower that such statements are then true):
(i) the representations and warranties contained in Exhibits III and VII are correct on and as of the date of such Revolving Advance as though made on and as of such date other than such representations and warranties that, by their terms, refer only to a specific date other than such Funding Datedate, and
(ii) no event has occurred and is continuing, or would result from such Revolving Advance or any actions connected therewith, that constitutes a Default or an Event of Default;
(c) the Lender shall have received such other approvals, opinions or documents as it may reasonably request. EXHIBIT III.
Appears in 1 contract
Samples: Loan and Security Agreement (Community Care of America Inc)
Conditions Precedent on All Funding Dates. Each Revolving Advance on a Funding Date (including the Initial Funding Date) and the issuance of each Letter of Credit shall be subject to the further conditions precedent that the Borrower and the Lender Agent shall have agreed upon the terms of such Revolving Advance and also that:
(a) the Borrower shall have delivered to the LenderAgent, at least two Business Days prior to no later than 10:30 a.m. on such Funding Date, in form and substance satisfactory to the Lender Agent a completed Borrower's Certificate and a Borrowing Base Certificate, Certificate together with such additional information as may reasonably be requested by the Lender Agent or the Master Servicer;
(b) The Borrowers shall have delivered to the Agent or the Master Servicer, as the case may be, no later than 10:30 a.m. on such Funding Date, in form and substance satisfactory to the Agent or the Master Servicer (as the case may be), to the extent not previously provided, an executed Notice to Obligors to each Obligor responsible for the payment of any of the Receivables, directing such Obligors to make payment to the addresses and accounts designated in such Notice to Obligors, as set forth in Article II hereof, together with evidence that such Notice to Obligors has been delivered to such Obligors.
(c) on such Funding Date the following statements shall be true and correct (and acceptance of the proceeds of such Revolving Advance shall be deemed a representation and warranty by the Borrower that such statements are then truetrue and correct):
(i) the representations and warranties contained in Exhibits III and VII are true and correct in all material respects on and as of the date of such Revolving Advance as though made on and as of such date other than such representations and warranties that, by their terms, refer only to a specific date other than such Funding Datedate, and
(ii) no event has occurred and is continuing, or would result from such Revolving Advance or any actions connected therewith, that constitutes a Default or an Event of Default;
(c) the Lender shall have received such other approvals, opinions or documents as it may reasonably request. EXHIBIT III.
Appears in 1 contract
Samples: Loan and Security Agreement (Atc Healthcare Inc /De/)