Conditions Precedent to All Credit. The obligation of the Lenders to extend credit hereunder is subject to fulfilment of the following conditions precedent on the date such credit is extended:
(a) the Borrower shall have complied with the requirements of Article 4, Article 5 or Article 6, as the case may be, in respect of the relevant credit;
(b) no Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit;
(c) the representations and warranties of the Borrower contained in Section 10.1 shall be true and correct in all respects on the date such credit is extended as if such representations and warranties were made on such date; and
(d) the Credit Facility has not been terminated pursuant to Section 2.4.
Conditions Precedent to All Credit. The obligation of the Lenders to extend credit under this Agreement is subject to fulfilment of the following conditions precedent on the date such credit is extended:
(a) the Borrower shall have complied with the requirements of Article 4, Article 5 or Article 6, as the case may be, in respect of the relevant credit;
(b) no Default or Event of Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit, and the financial covenants set forth in Sections 11.1(m) to 11.1(o) would be met on a pro forma basis; and
(c) the representations and warranties of the Borrower contained in Section 10.1 shall be true and correct on the date such credit is extended (including, after giving effect to such extension of credit) as if such representations and warranties were made on such date (other than representations and warranties made as of a specified date, which shall be true and correct in all material respects as of such specified date).
Conditions Precedent to All Credit. The obligation of the Lenders to extend credit is subject to fulfilment of the following conditions precedent on the date such credit is extended:
(a) the Borrower shall have complied with the requirements of Article 4, Article 5 or Article 6, as the case may be, in respect of the relevant credit;
(b) no Default or Event of Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit;
(c) the representations and warranties of the Borrower contained in Section 10.1 shall be true and correct in all material respects (except that any representation and warranty which is already qualified as to materiality or by reference to any Material Adverse Effect shall be true and correct in all respects) on the date such credit is extended as if such representations and warranties were made on such date immediately after the relevant extension of credit except to the extent the same expressly relate to an earlier date; and
(d) the conditions precedent in Section 12.1 have been fulfilled or waived.
Conditions Precedent to All Credit. The obligation of the Lenders to extend credit under the Credit Facility is subject to fulfilment of the following conditions precedent at the time such credit is extended:
(a) no Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit;
(b) the Borrower shall have complied with the requirements of Article 4, 5 or 6, as the case may be, in respect of the relevant credit; and
(c) the representations and warranties made by the Borrower in the Loan Documents shall be true and correct in all material respects on the date such credit is extended as if such representations and warranties were made on such date.
Section 12.1 (a) does not apply to a deemed conversion pursuant to Section 6.6. Section 12.1(c) does not apply to an extension of credit pursuant to a conversion or rollover.
Conditions Precedent to All Credit. Events after the Closing Date
Conditions Precedent to All Credit. The obligation of the Lenders to extend credit hereunder is subject to fulfilment of the following conditions precedent at the time such credit is made available:
(a) no Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit;
(b) the Borrowers shall have complied with the requirements of Article 4, Article 5 or Article 6, as the case may be, in respect of the relevant extension of credit; and
(c) the representations and warranties of the Borrowers contained in Section 10.1 and of the Obligors under the Guarantee and the Security Documents shall be true and correct in all material respects on the date such credit is made available as if such representations and warranties were made on such date.
Conditions Precedent to All Credit. The obligation of the Lenders to extend credit hereunder is subject to fulfilment of the following conditions precedent on the date such credit is extended:
(a) the relevant Borrower shall have complied with the requirements of Article 4, Article 5 or Article 6, as the case may be, in respect of the relevant credit;
(b) no Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit;
(c) the representations and warranties of the Borrowers contained in Section 10.1 shall be true and correct in all respects on the date such credit is extended as if such representations and warranties were made on such date (representations and warranties made as of the date hereof shall continue to refer to the date of this agreement and not to the date that the representations and warranties are deemed to have been repeated and representations and warranties that will change as a result of a transaction permitted hereby shall be deemed to have been amended to reflect such change provided that the Borrowers are not in default of their obligations to provide written notice thereof in accordance with Section 11.1(a) or (i)); and
(d) the Credit Facility has not been terminated pursuant to Section 2.4.
Conditions Precedent to All Credit. Extensions after the Closing Date.
Conditions Precedent to All Credit. The obligation of the Bank to extend credit hereunder by means of drawdown, rollover or conversion from one type of credit availment to another is subject to fulfillment of the following conditions precedent on the date such credit is extended:
(a) no Default has occurred and is continuing or would arise as a result of such extension of credit; and
(b) the representations and warranties of the Borrower contained in Section 6.1, the representations and warranties of the Guarantor contained in Article V of the Guarantor Credit Agreement, and the representations of the Guarantor contained in the Guarantee shall be true and correct in all material respects on and as of the date such credit is obtained as if such representations and warranties were made on such date, except to the extent they refer to filings made by the Guarantor with the United States Securities and Exchange Commission ("SEC"), in which case they shall be deemed amended to include all filings made by the Guarantor with the SEC to the date hereof.
Conditions Precedent to All Credit. The obligation of the Lenders to extend credit hereunder is subject to fulfilment of the following conditions precedent on the date such credit is extended:
(a) the Borrower shall have complied with the requirements of Articles 4 or 5, as the case may be, in respect of the relevant credit;
(b) no Default has occurred and is continuing or would arise immediately after giving effect to or as a result of such extension of credit; and
(c) the representations and warranties of the Borrower contained in Section 9.1 shall be true and correct in all respects on the date such credit is extended as if such representations and warranties were made on such date (or if stated to have been made solely as of an earlier date, such representation and warranty shall be true or correct as of such earlier date or unless such representations and warranties have been varied with the prior written consent of the Administrative Agent).
