Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents shall have received on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true): (i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date; (ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; and (iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 7 contracts
Samples: Eighth Amended and Restated Credit and Security Agreement (WestRock Co), Credit and Security Agreement (WestRock Co), Credit and Security Agreement (WestRock Co)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agent and each Lender Group Agent on or prior to the date thereof, in form and substance satisfactory to the Agent and the Lender Group Agents, all Monthly Periodic Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents Agent and each Lender Group Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) ), such Reinvestment or rollover or continuation of any Advance as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), such Reinvestment or rollover or continuation of any Advance, that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (such Reinvestment or the rollover or continuation thereof)of any Advance, the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 2 contracts
Samples: Credit and Security Agreement (Bell Microproducts Inc), Credit and Security Agreement (Bell Microproducts Inc)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 2 contracts
Samples: Credit and Security Agreement (Rock-Tenn CO), Credit and Security Agreement (Rock-Tenn CO)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agent on or prior to the date thereof, in form and substance satisfactory to the AgentsAgent, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by the Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct in all material respects on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal aggregate principal balance of the Advances outstanding to will not exceed the Borrowing LimitBase and the Aggregate Principal outstanding is less than or equal to the Aggregate Commitment.
Appears in 2 contracts
Samples: Credit and Security Agreement (Zep Inc.), Credit and Security Agreement (Acuity Brands Inc)
Conditions Precedent to All Advances. Each The obligation of each Lender to make each Advance and each rollover or continuation of any Advance (including the Initial Advance) shall be subject to the further conditions precedent that on the date of such Advance (a) the Agents shall have received on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance the delivery of each Borrowing Notice under Section 2.2(a), each Application and each Conversion or Continuation Notice under Section 2.9(b), or the proceeds of such Advance failure to deliver a Conversion or Continuation Notice under Section 2.9(b) shall be deemed constitute a representation that on the disbursement date (except as to representations and warranty warranties which (i) refer to a specific date, (ii) have been modified by Borrower that such statements transactions permitted pursuant to this Agreement or any other Loan Paper or (iii) have been specifically waived by Administrative Agent, to the extent permitted pursuant to Section 9.1) are then true)::
(i) the The representations and warranties set forth contained in Section 5.1 Article IV hereof are true and correct on and as of the date of such Advance (or such Settlement Datedate, as the case may be) as though made on and as of such date;
(ii) no No event has occurred and is continuing, or would result from such Advance (or including the continuation thereofintended application of the proceeds of such Advance), that will does or could constitute (A) an Amortization a Default or Event or (B) an Unmatured Amortization Eventof Default; and
(iii) after There shall have occurred no Material Adverse Change, and the making of -39- such Advance, shall not cause or result in a Material Adverse Change; and
(iv) After giving effect to each such Advance (or the continuation thereof)Advance, the Aggregate Principal will aggregate outstanding Advances do not exceed the Borrowing LimitCommitment; and (b) Administrative Agent shall have received, in form and substance acceptable to it, such other approvals, documents, certificates, opinions, and information as it may deem necessary or appropriate.
Appears in 1 contract
Samples: Credit Agreement (Franchise Finance Corp of America)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Collateral Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it any Agent may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 6.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing LimitAggregate Facility Amount.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Administrative Agent on or prior to the date thereof, in form and substance satisfactory to the AgentsAdministrative Agent, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents Administrative Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower Borrowers that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct in all material respects on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date, provided that the materiality threshold in the preceding clause shall not be applicable with respect to any representation or warranty that itself contains a materiality threshold;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 1 contract
Samples: Credit and Security Agreement (Universal Health Services Inc)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Collateral Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it any Agent may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i1) the representations and warranties set forth in Section 5.1 6.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii2) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii3) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing LimitAggregate Facility Amount.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Conditions Precedent to All Advances. Each Advance The obligation of the Lender and each rollover or continuation of the Secondary Lenders to make any Advance (including the initial Advance) on any Borrowing Date shall be subject to the further conditions precedent that fulfillment of the following conditions:
(a) each of the Agents representations and warranties of the Borrower, the Custodian and the Advisor contained in this Agreement, the Control Agreement, the Letter Agreement and the other Program Documents shall have received on or prior to the date thereof, be true and correct in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; material respects;
(b) no Default or Event of Default shall have occurred and be continuing or shall result from the Facility Termination Date shall not have occurred; making of such Advance;
(c) the Agents conditions precedent set forth in Sections 3.01 and 3.03 shall have received such other approvals, opinions or documents as it may reasonably request; and been fully satisfied;
(d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; and
(iii) immediately after giving effect to such Advance the Borrower shall be in full compliance with each of the Borrowing Base Test and the Asset Coverage Test;
(or e) immediately after the continuation thereof)making of any such Advance, the Aggregate Principal will aggregate outstanding principal amount of all Advances shall not exceed the Total Commitment;
(f) the Agent shall have received such other instruments, certificates and documents as the Agent shall reasonably request; and
(g) the Agent shall have received a pro-forma Investor Report, which shall evidence compliance with the terms of this Agreement after giving effect to all borrowings on such Borrowing LimitDate.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Highland Floating Rate Advantage Fund)
Conditions Precedent to All Advances. Each The obligation of each Lender to make each Advance and each rollover or continuation of any Advance (including the Initial Advances) shall be subject to the further conditions precedent that on the date of such Advance (a) the Agents shall have received on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance the delivery of each Borrowing Notice under Section 2.02(a) and each Conversion or Continuation Notice under Section 2.09(b), or the proceeds of such Advance failure to deliver a Conversion or Continuation Notice under Section 2.09(b) shall be deemed constitute a representation that on the disbursement date (except as to representations and warranty warranties which (i) refer to a specific date, (ii) have been modified by Borrower that such statements transactions permitted pursuant to this Agreement or any other Loan Paper or (iii) have been specifically waived in writing by Administrative Agent) are then true)::
(i) the The representations and warranties set forth contained in Section 5.1 Article V hereof are true and correct on and as of the date of such Advance (or such Settlement Datedate, as the case may be) as though made on and as of such date;
(ii) no No event has occurred and is continuing, or would result from such Advance (or including the continuation thereofintended application of the proceeds of such Advance), that will does or could constitute (A) an Amortization a Default or Event or (B) an Unmatured Amortization Eventof Default; and
(iii) after There shall have occurred no Material Adverse Change, and the making of such Advance shall not cause or result in a Material Adverse Change; and
(iv) After giving effect to each such Advance (or the continuation thereof)Advance, the Aggregate Principal will aggregate outstanding Revolver Advances does not exceed the Borrowing LimitRevolver Commitment; and (b) Administrative Agent shall have received, in form and substance acceptable to it, such other approvals, documents, certificates, opinions, and information as it may deem necessary or appropriate.
Appears in 1 contract
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agent on or prior to the date thereof, in form and substance satisfactory to the AgentsAgent, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct in all material respects on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 1 contract
Samples: Credit and Security Agreement (National Service Industries Inc)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Administrative Agent on or prior to the date thereof, in form and substance satisfactory to the AgentsAdministrative Agent, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents Administrative Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct in all material respects on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
; PROVIDED THAT the materiality threshold in the preceding clause shall not be applicable with respect to any representation or warranty which itself contains a materiality threshold (ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or (B) an Unmatured Amortization Event; and
(iii) after giving effect to would result from such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.that would constitute an Unmatured Amortization Event; and
Appears in 1 contract
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Co-Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, thereof all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) in the Agents event of a change in law that affects the validity, perfection or priority of the Administrative Agent's security interest in the Collateral or a change in circumstances that materially and adversely affects the Receivables after the date of this Agreement, the Administrative Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 1 contract
Samples: Credit and Security Agreement (Mohawk Industries Inc)
Conditions Precedent to All Advances. Each Advance The obligation of the Lender and each rollover or continuation of the Secondary Lenders to make any Advance (including the initial Advance) on any Borrowing Date shall be subject to the further conditions precedent that fulfillment of the following conditions:
(a) the Agents shall have received on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance each of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth of the Borrower, the Distributor, the Parent and each Advisor contained in Section 5.1 are this Agreement, the Security Agreement, the Undertaking and the other Facility Documents shall be true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(iib) no event has Default or Event of Default shall have occurred and is continuing, be continuing at the time of the making of such Advance or would shall result from the making of such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; andAdvance;
(iiic) the conditions precedent set forth in Section 3.01 shall have been fully satisfied;
(d) the Agent shall have received true, correct and complete copies of each Distribution Plan, Prospectus and Advisory Agreement for each Fund in respect of which after the Closing Date the Distributor acts as distributor;
(e) immediately after giving effect to such Advance the Borrowing Base Test shall be fully complied with;
(or f) immediately after the continuation thereof)making of any such Advance, the Aggregate Principal will aggregate outstanding principal amount of all Advances shall not exceed the Borrowing LimitTotal Commitment;
(g) the Agent shall have received such other instruments, certificates and documents as the Agent shall reasonably request; and
(h) the Undertaking shall be in full force and effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Liberty Financial Companies Inc /Ma/)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents shall have received on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; and (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 1 contract
Samples: Omnibus Amendment (WestRock Co)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance (including the Initial Advance) shall be subject to the further conditions precedent that that:
(a) On the Agents related Funding Date, the Borrower or the Servicer, as the case may be, shall have received on or prior to certified in the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by related Borrower that such statements are then true):Notice that:
(i) the The representations and warranties set forth in Section 5.1 Sections 4.1 and 7.7 are true and correct on and as of such date, before and after giving effect to such borrowing and to the date application of such Advance (or such Settlement Datethe proceeds therefrom, as the case may be) as though made on and as of such date;; and
(ii) no No event has occurred and is continuingoccurred, or would result from such Advance (or from the continuation thereof)application of the proceeds therefrom, that will constitute (A) constitutes an Amortization Event or (B) an Unmatured Amortization Early Termination Event; and.
(iiib) The Termination Date shall not have occurred;
(c) Before and after giving effect to such Advance borrowing and to the application of proceeds therefrom the Borrowing Base Test shall be satisfied, as calculated on such date;
(d) No claim has been asserted or proceeding commenced challenging enforceability or validity of any of the Loan Documents, excluding any instruments, certificates or other documents relating to Loans that were the subject of prior Advances;
(e) There shall have been no Material Adverse Change with respect to the Borrower or the continuation thereof)Servicer since the preceding Advance; and
(f) The Servicer and Borrower shall have taken such other action, including delivery of approvals, consents, opinions, documents, and instruments to the Aggregate Principal will not exceed the Borrowing LimitManaging Agents as each may reasonably request.
Appears in 1 contract
Conditions Precedent to All Advances. Each Advance and ------------------------------------ each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agent on or prior to the date thereof, in form and substance satisfactory to the Agents, thereof all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) in the Agents event of a change in law that affects the validity, perfection or priority of the Agent's security interest in the Collateral or a change in circumstances that materially and adversely affects the Receivables after the date of this Agreement, the Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 1 contract
Samples: Credit and Security Agreement (Mohawk Industries Inc)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Commitment Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it any Agent may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 6.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing LimitAggregate Commitment.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents shall have received such other approvals, opinions or documents as it any Agent may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 6.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event Event, and no event has occurred and is continuing, or would result from such Advance (B) or the continuation thereof), that would constitute an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing LimitAggregate Commitment.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Conditions Precedent to All Advances. Each Advance and each rollover or continuation of any Advance shall be subject to the further conditions precedent that (a) the Agents Servicer shall have received delivered to the Administrative Agent on or prior to the date thereof, in form and substance satisfactory to the AgentsAdministrative Agent, all Monthly Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Agents Administrative Agent shall have received such other approvals, opinions or documents as it may reasonably request; and (d) on the date thereof, the following statements shall be true (and acceptance of the proceeds of such Advance shall be deemed a representation and warranty by Borrower that such statements are then true):
(i) the representations and warranties set forth in Section 5.1 are true and correct on and as of the date of such Advance (or such Settlement Date, as the case may be) as though made on and as of such date;
(ii) no event has occurred and is continuing, or would result from such Advance (or the continuation thereof), that will constitute (A) an Amortization Event or (B) an Unmatured Amortization Event; and
(iii) after giving effect to such Advance (or the continuation thereof), the Aggregate Principal will not exceed the Borrowing Limit.
Appears in 1 contract