Common use of Conditions Precedent on All Funding Dates Clause in Contracts

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 Borrowers and the Lender shall have agreed upon the terms of such Revolving Advance and also that: (a) The Holdings shall have delivered to the Lender or the Master Servicer, as the case may be, on or prior to such Funding Date, in form and substance satisfactory to the Lender the most recent Borrowing Base Certificate, which shall include completed Receivable Information with respect to the calculation of the Borrowing Base as of preceding such Funding Date (such Receivable Information having been delivered on or prior to the most recent Friday (or next succeeding Business Day)), 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 each Borrower, Holdings and the Primary Servicer 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, and (ii) no event has occurred and is continuing, or would result from such Revolving Advance, that constitutes an Event of Default or that would constitute an Event of Default but for the requirement that notice be given or time elapse or both; and (c) The Lender shall have received such other approvals, opinions or documents as it may reasonably request.

Appears in 1 contract

Samples: Loan and Security Agreement (Perennial Health Systems Inc)

AutoNDA by SimpleDocs

Conditions Precedent on All Funding Dates. Each Revolving Advance Loan on a Funding Date (including the Initial Funding Date) shall be subject to the further conditions precedent that the Borrowers Borrower and the Lender Program Manager shall have agreed upon the terms of such Revolving Advance Loan and also that: (a) The Holdings the Borrower shall have delivered to the Lender or the Master ServicerProgram Manager, as the case may be, on or at least two Business Days prior to such Funding Date, in form and substance satisfactory to the Lender the most recent Borrowing Base Program Manager a completed Borrower's Certificate, which shall include completed Receivable Information with respect to the calculation of the Borrowing Base as of preceding such Funding Date (such Receivable Information having been delivered on or prior to the most recent Friday (or next succeeding Business Day)), together with a completed Borrowing Base Certificate and such additional information as may reasonably be requested by the Lender Program Manager or the Master Servicer; (b) On on such Funding Date the following statements shall be true and correct (and acceptance of the proceeds of such Revolving Advance Loan shall be deemed a representation and warranty by each Borrower, Holdings and the Primary Servicer 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 Loan as though made on and as of such date (except any representations or warranty that expressly indicates that it is being made as of a specific date, in which case such representation or warranty shall be true and correct as of such date), and (ii) no event has occurred and is continuing, or would result from such Revolving AdvanceLoan or any actions connected therewith, that constitutes a Default or an Event of Default or that would constitute an Event of Default but for the requirement that notice be given or time elapse or bothDefault; and (c) The Lender the Program Manager 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 (Five Star Quality Care 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 Borrowers Borrower and the Lender shall have agreed upon the terms of such Revolving Advance and also that: (a) The Holdings the Borrower shall have delivered to the Lender or the Master ServicerLender, as the case may beby 10:00 a.m. New York City time, on or at least one Business Day prior to such Funding Date, in form and substance satisfactory to the Lender the most recent a completed Borrower's Certificate and a Borrowing Base Certificate, which shall include completed Receivable Information with respect to the calculation of the Borrowing Base as of preceding such Funding Date (such Receivable Information having been delivered on or prior to the most recent Friday (or next succeeding Business Day)), together with such additional information as may reasonably be requested by the Lender or the Master Servicer; (b) On 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 each Borrower, Holdings and the Primary Servicer Borrower that such statements are then true): (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 (except any representation or warranty that expressly indicates that it is being made as of a specific date, in which case such representation or warranty shall be correct on and as of such date), and (ii) no event has occurred and is continuing, or would result from such Revolving AdvanceAdvance or any actions connected therewith, that constitutes a Default or an Event of Default or that would constitute an Event of Default but for the requirement that notice be given or time elapse or both; andDefault; (c) The the Lender shall have received such other approvals, opinions or documents as it may reasonably request.

Appears in 1 contract

Samples: Loan and Security Agreement (Mim Corp)

AutoNDA by SimpleDocs

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 Borrowers Borrower and the Lender shall have agreed upon the terms of such Revolving Advance and also that: (a) The Holdings the Borrower shall have delivered to the Lender or the Master ServicerLender, as the case may be, on or at least one Business Day prior to such Funding Date, in form and substance satisfactory to the Lender the most recent Borrowing Base a completed Borrower's Certificate, which shall include completed Receivable Information with respect to the calculation of the Borrowing Base as of preceding such Funding Date (such Receivable Information having been delivered on or prior to the most recent Friday (or next succeeding Business Day)), together with such additional information as may reasonably be requested by the Lender or the Master Servicer; (b) On the Borrower shall have delivered to the Lender, on the Business Day immediately prior to such Funding Date, in form and substance satisfactory to the Lender a completed Borrowing Base Certificate, together with such additional information as may reasonably be requested by the Lender or the Master Servicer; (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 each Borrower, Holdings and the Primary Servicer Borrower that such statements are then truetrue and correct): (i) the representations and warranties contained in Exhibits III and VII are true and correct on and as of the date of such Revolving Advance as though made on and as of such date (except any representations or warranty that expressly indicates that it is being made as of a specific date, in which case such representation or warranty shall be true and correct as of such date), and (ii) no event has occurred and is continuing, or would result from such Revolving AdvanceAdvance or any actions connected therewith, that constitutes a Default or an Event of Default or that would constitute an Event of Default but for the requirement that notice be given or time elapse or bothDefault; and (cd) The the Lender shall have received such other approvals, opinions or documents as it may reasonably request.

Appears in 1 contract

Samples: Loan and Security Agreement (National Medical Health Card Systems Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!