Common use of Conditions Precedent to All Advances Clause in Contracts

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against Borrower, Agent, S&A Agent, any Lender, or any of their Affiliates.

Appears in 4 contracts

Samples: Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp)

AutoNDA by SimpleDocs

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against Borrower, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 3 contracts

Samples: Loan and Security Agreement (Banyan Systems Inc), Loan and Security Agreement (Sizzler International Inc), Assumption Agreement (Cortelco Systems Inc)

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against Borrower, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Communication Telesystems International), Loan and Security Agreement (Incomnet Inc)

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority Governmental Authority against Borrower, Agent, S&A Agent, any LenderBank, or any of their Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (California Amplifier Inc)

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority Governmental Authority against Borrower, Agent, S&A Agent, any LenderBank, or any of their Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Ess Technology Inc)

Conditions Precedent to All Advances. and the Term Loan. The following shall be conditions precedent to all Advances hereunderand the Term Loan: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against Borrower, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Wam Net Inc)

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; , and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority Governmental Authority against Borrower, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Network Computing Devices Inc)

AutoNDA by SimpleDocs

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; , and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against Borrower, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Star Casino LLC)

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunder: (a) the representations and warranties of each Borrower contained in this Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against any Borrower, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Midcom Communications Inc)

Conditions Precedent to All Advances. The following shall be conditions precedent to all Advances hereunderAdvances: (a) the representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all respects on and as of the date of such extension of credit, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making thereof; and (c) no injunction, writ, restraining order, or other order of any nature prohibiting, directly or indirectly, the extending of such credit shall have been issued and remain in force by any governmental authority against BorrowerBorrowers, Agent, S&A Agent, any LenderFoothill, or any of their Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (P Com Inc)

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