Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make any advance of the Loans shall be subject to satisfaction of the following conditions precedent:
(1) No Default or Event of Default shall have occurred and be continuing;
(2) Each of the representations and warranties of Borrower and the other Loan Parties contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the advance, issuance, renewal or increase (except in those cases where such representation or warranty expressly relates to an earlier date or is qualified as to “materiality”, “Material Adverse Change” or similar language (which shall be true and correct in all respects) and except for changes in factual circumstances not prohibited hereunder); and
(3) Administrative Agent shall have received a Notice of Borrowing in accordance with Section 2.05.
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make advances of the Loans subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) All conditions of Section 4.01 shall have been and remain satisfied as of the date of the advance;
(2) No Default or Event of Default shall have occurred and be continuing as of the date of the advance;
(3) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct as of the date of the advance; and
(4) Administrative Agent shall have received a request for an advance in accordance with Section 2.04.
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make advances of the Loans subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) All conditions of Section 4.01 shall have been and remain satisfied as of the date of the advance;
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make any advance of the Loans or issue, renew or increase the amount of any Letter of Credit subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) No Default or Event of Default shall have occurred and be continuing;
(2) Each of the representations and warranties of Borrower contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects as of the date of the advance, issuance, renewal or increase (except in those cases where such representation or warranty expressly relates to an earlier date or is qualified as to “materiality”, “Material Adverse Change” or similar language (which shall be true and correct in all respects) and except for changes in factual circumstances permitted hereunder); and
(3) Administrative Agent shall have received a request for an advance in accordance with Section 2.05.
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make any advance of the Loans or issue, renew or increase the amount of any Letter of Credit subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) No Default or Event of Default shall have occurred and be continuing;
(2) Each of the representations and warranties of Borrower contained in this Agreement and in each of the other Loan Documents shall be true and correct in all material respects (or in the case of any representation or warranty that is qualified as to “materiality”, “Material Adverse Change” or similar language, in all respects) as of the date of the advance, issuance, renewal or increase, except (i) for any representation or warranty that expressly relates to an earlier date, in which case such representation or warranty was true and correct in all material respects (or, in the case of any representation or warranty that is qualified as to “materiality”, “Material Adverse Change” or similar language, in all respects) as of such earlier date and (ii) to the extent of any changes (x) resulting from transactions contemplated by this Agreement, (y) resulting from transactions and occurrences not prohibited by this Agreement and (z) occurring in the ordinary course of business; and
(3) Administrative Agent shall have received a request for an advance in accordance with Section 2.05.
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make advances of the Loans subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) All conditions of Section 4.01 shall have been and remain satisfied as of the date of the advance;
(2) No Default or Event of Default shall have occurred and be continuing as of the date of the advance, or would result from the making thereof;
(3) Administrative Agent shall have received a request for an advance in accordance with Section 2.04;
(4) Property EBITDA for the last four (4) calendar quarter period for which Borrower was required to report financial results was not less than twelve percent (12%) of the principal balance of the Loan after giving effect to the requested advance;
(5) After giving effect to the requested advance, the principal balance of the Loan will not exceed the sum of the Borrowing Base Values of the Properties. Compliance with this requirement need only be tested at any time the Total Loan Commitment exceeds the sum of the Borrowing Base Values of the Properties (i.e., beginning on the date any Property is released as described in Section 12.06(c) hereof, unless on such date the Total Loan Commitment is reduced so as to be equal to or less than the sum of the Borrowing Base Values of the Properties); the Appraised Values of the Properties as initially determined are not subject to recalculation except as expressly set forth in this Agreement; and
(6) The requested advance will not exceed such Bank’s Availability to such Borrower.
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make any advance of the Loans or issue any Letter of Credit subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) No Default or Event of Default shall have occurred and be continuing, or could result from the transactions contemplated by this Agreement and the other Loan Documents, as of the date of such advance;
(2) Each of the representations and warranties of Borrower and General Partner contained in this Agreement and in each of the other Loan Documents shall be true and correct as of the date of the advance; and
(3) Administrative Agent shall have received a request for an advance in accordance with Section 2.05.
Conditions Precedent to Advances After the Initial Advance. Lender shall not be obligated to make any Advance subsequent to the Initial Advance, unless in addition to the conditions set forth in Article III (which have not been waived in writing by Lender), the following conditions are satisfied in the reasonable discretion of Lender, except to the extent that Lender may elect in writing to waive any such conditions:
Conditions Precedent to Advances After the Initial Advance. The obligation of each Tranche A Lender to make advances of the Loans subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) All conditions of Section 4.01 shall have been and remain satisfied as of the date of the advance;
(2) No Default or Event of Default shall have occurred and be continuing as of the date of the advance;
(3) Each of the representations and warranties contained in this Agreement and in each of the other Loan Documents shall be true and correct as of the date of the advance;
(4) No Material Adverse Change shall have occurred and be continuing as of the date of the advance;
(5) Administrative Agent shall have received a request for an advance in accordance with Section 2.04 and the other provisions hereof, together with such supporting documentation as Administrative Agent may reasonably request; and
(6) The conditions set forth in Section 2.17 shall have been satisfied. From time to time, Administrative Agent may cause the Title Insurer to provide, at Borrower's expense, an informational continuation report (and, if available at reasonable cost, a date down endorsement) with respect to any or all of the Properties.
Conditions Precedent to Advances After the Initial Advance. The obligation of each Bank to make advances of the Loans subsequent to the Initial Advance shall be subject to satisfaction of the following conditions precedent:
(1) All conditions of Section 4.01 shall have been and remain satisfied as of the date of the advance;
(2) No Default or Event of Default shall have occurred and be continuing as of the date of the advance;
(3) Administrative Agent shall have received a request for an advance in accordance with Section 2.04; and
(4) In the case of the first such subsequent advance following the consummation of the Unit Redemption Transaction, Administrative Agent shall have received and approved (such approval not to be unreasonably withheld) an amendment and restatement of Borrower's agreement of limited partnership (it being understood that the form of amendment and restatement attached to that certain Interim Agreement dated as of August 17, 1998 among TCI and others is deemed approved).
