Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that: (a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable; (b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extension; (c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicable; (d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct): (i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; (ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension; (iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and (iv) the Termination Date has not occurred.
Appears in 4 contracts
Samples: Receivables Financing Agreement (DCP Midstream, LP), Receivables Financing Agreement (DCP Midstream, LP), Receivables Financing Agreement (DCP Midstream, LP)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the a Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports, if any, required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the each Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the each Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 4 contracts
Samples: Receivables Financing Agreement (Lamar Media Corp/De), Receivables Financing Agreement (Lamar Media Corp/De), Receivables Financing Agreement (Lamar Media Corp/De)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages Monthly Reports and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless Extension, or if such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 3 contracts
Samples: Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (TGPX Holdings I LLC), Receivables Financing Agreement (TGPX Holdings I LLC)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Monthly Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and;
(iv) the Termination Date has not occurred; and
(v) after giving effect to such Credit Extension, the Aggregate Principal exceeds the Minimum Funding Threshold.
Appears in 3 contracts
Samples: Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.), Receivables Financing Agreement (Evoqua Water Technologies Corp.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages Monthly Reports and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicable2.01 shall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 2 contracts
Samples: Receivables Financing Agreement (PRA Health Sciences, Inc.), Receivables Financing Agreement (PRA Health Sciences, Inc.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages Packages, Weekly Reports and/or Daily Reports required to be delivered hereunder on or prior to the date of such Credit Extension;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and;
(iv) the Termination Date has not occurred; and
(v) the Aggregate Capital exceeds the Minimum Funding Threshold.
Appears in 2 contracts
Samples: Receivables Financing Agreement (EnLink Midstream, LLC), Receivables Financing Agreement (EnLink Midstream Partners, LP)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) in the case of a Loan, the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, and in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent Agent, each Lender and the LC Bank Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iviii) and Section 3.01(a), as applicable;, shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Alliance Resource Partners Lp), Receivables Financing Agreement (Alliance Holdings GP, L.P.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Initial Funding Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Concentrix Corp)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Termination Event, Early Amortization Event of Default or Unmatured Termination Event of Default has occurred and is continuing, and no Termination Event, Early Amortization Event of Default or Unmatured Termination Event of Default would result from such Credit Extension;
(iii) [Reserved];
(iv) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(ivv) the Termination Date has not occurred.
Appears in 2 contracts
Samples: Receivables Financing Agreement (Rackspace Technology, Inc.), Receivables Financing Agreement (Rackspace Technology, Inc.)
Conditions Precedent to all Credit Extensions. Each The obligation of Bank to make each Credit Extension hereunder on or after Extension, including the Closing Date shall be initial Credit Extension, is further subject to the conditions precedent thatfollowing conditions:
(a) timely receipt by Bank of the Borrower shall have delivered to the Administrative Agent Loan Advance/Paydown Request form and each Group Agent a Loan Request for such Loan, and, Advance form as provided in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable2.1;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or receipt by Bank, not later than three (3) Business Days prior to the proposed date of each Advance, of a duly executed Compliance Certificate together with such Credit Extensionsupporting information as Bank may request, demonstrating compliance on a current and pro forma basis, with the covenants set forth in Section 6.7 hereof, both before and after giving effect to such Advance;
(c) the making receipt by Bank of such Credit Extension will not result in complete copies of Borrower’s most recent account statements for any deposits of the circumstances specified type described in Section 2.01(a)(iitem (j) through (iv) of the definition of Permitted Investments, and Section 3.01(a), as applicable;for any deposit and securities accounts maintained outside of Bank; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are Section 5 shall be true and correct in all material respects on and as of the date of such Payment/Advance Form and on the effective date of each Credit Extension as though made on at and as of each such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists shall have occurred and be continuing, or would exist after giving effect to such Credit Extension; and
Extension (iv) provided, that those representations and warranties expressly referring to another date shall be true, correct and complete in all material respects as of such date). The making of each Credit Extension shall be deemed to be a representation and warranty by Borrower on the Termination Date has not occurreddate of such Credit Extension as to the accuracy of the facts referred to in this Section 3.2.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Legalzoom Com Inc)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) in the case of a Loan, the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, and in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent, each Group Agent and the LC Bank Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable, shall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Foresight Energy LP)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent Administrator and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent Administrator and each Group Agent Lender all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Worthington Industries Inc)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent, the Collateral Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, Loan in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent, the Collateral Agent and each Group Agent all a pro forma Information Packages required to be delivered hereunder on or prior Package, reflecting the Aggregate Principal, Required Reserves, the Net Portfolio Balance and the Borrowing Base, each as calculated after giving effect to the date proposed Credit Extension and the application of such Credit ExtensionCollections on the upcoming Settlement Date;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer ADT shall be deemed to have represented and warranted that such statements are then true and correct):
(i) each of the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 this Agreement and 7.02 in each other Transaction Document are true and correct in all material respects on and as of the such date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default event has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;Extension that constitutes an Event of Termination or an Unmatured Event of Termination that remains continuing; and
(iii) no Borrowing Base Deficit Pool Deficiency Amount (calculated without giving effect to clause (ii) of the definition thereof) exists or would exist after giving effect to such Credit ExtensionExtension and the application of Collections in accordance with Section 3.01(d); and
(ivd) the Termination Date shall not have occurred; and
(e) the applicable Group Agent has not occurredapproved of the related Loan Request in accordance with Section 2.02.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Initial Funding Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the each Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages Pool Reports required to be delivered hereunder on or prior to the date of such Credit Extension;hereunder; and
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the each Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer Servicers contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default Default, Financial Covenant Event or Unmatured Event of Potential Default has occurred and is continuing, and no Event of Default Default, Financial Covenant Event or Unmatured Event of Potential Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension;
(iv) immediately after giving effect to such Credit Extension, no Lender’s aggregate outstanding Principal will exceed such Xxxxxx’s Commitment; and
(ivv) the Termination Date has not occurred.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) in the case of a Loan, the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, and in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent Agent, each Lender and the LC Bank Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iviii) and Section 3.01(a), as applicable;, shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Zebra Technologies Corp)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
: (a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
; (b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extension;
hereunder; (c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;
shall be satisfied; (d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
): (i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
; 60762333169 19631658 762333169 19631658 (ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
; (iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred; and (v) the Aggregate Loan Amount exceeds the Minimum Funding Threshold; and (e) with respect to the initial Credit Extension, the Administrative Agent shall have received recorded copies or other evidence of filing of amendments, assignments or releases, in each case releasing any Receivables and Related Security described in any mortgages filed in favor of the Credit Agreement Agent, in form and substance acceptable to the Administrative Agent.
Appears in 1 contract
Samples: Receivables Financing Agreement (Compass Minerals International Inc)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) : the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;2.02
(ba) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Purchase Reports required to be delivered hereunder on or prior and under the Purchase and Sale Agreement; the restrictions with respect to the date of such Credit Extension;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) shall not be violated; on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) ): the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) ; no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) ; no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
the Aggregate Capital does not exceed the Facility Limit; no Performance Test is then being breached; and (ivvi) the Termination Date has not occurred.
Appears in 1 contract
Samples: Loan and Security Agreement
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(ai) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(bii) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages Monthly Reports and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(ciii) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;shall be satisfied; and
(div) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless Extension, or if such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) in the case of a Loan, the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, and in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent, each Group Agent and the LC Bank Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages Periodic Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable, shall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Foresight Energy LP)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Initial Funding Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Early Amortization Event, Event of Default or Unmatured Event of Default has occurred and is continuing, and no Early Amortization Event, Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Amendment Date shall be subject to the conditions precedent that:
(a) the Borrower Transferor shall have delivered to the Administrative Agent and each Group Class Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, Loan in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer Collection Agent shall have delivered to the Administrative Agent and each Group Class Agent all Information Packages required to be delivered hereunder on or prior a pro forma Periodic Report, reflecting the Aggregate Capital, Total Reserves and the Borrowing Base, each as calculated after giving effect to the date of such proposed Credit Extension;
(c) the making of such Credit Extension will not result in any none of the circumstances conditions specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicableshall exist after giving effect to such Credit Extension;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower Transferor and the Servicer Collection Agent shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower Transferor and the Servicer Collection Agent contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Termination Event of Default or Unmatured Potential Termination Event of Default has occurred and is continuing, and no Termination Event of Default or Unmatured Potential Termination Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(ive) the no Termination Date has not shall have occurred.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Tech Data Corp)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of restrictions with respect to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicableshall not be violated;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension;
(iv) the Aggregate Capital does not exceed the Facility Limit;
(v) no Performance Test is then being breached; and
(ivvi) the Termination Date has not occurred.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Conditions Precedent to all Credit Extensions. Each The obligation of Bank to make each Credit Extension, including the initial Credit Extension hereunder on or after the Closing Date shall be Date, is further subject to the conditions precedent thatfollowing conditions:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent receipt by Bank of (i) a Loan Advance/Paydown Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, Form in accordance with Section 2.02(a2.1(a) or Section 3.02(a), as applicableand (ii) a Borrowing Base Certificate signed by a Responsible Officer;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extension;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they Section 5 shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality) on and as of the date of such earlier Loan Advance/Paydown Request Form and on the effective date of each Credit Extension as though made at and as of each such date;
(iic) no Default under Section 6.7, Section 8.1 or Section 8.5 or any Event of Default or Unmatured Event of Default has shall have occurred and is be continuing, and no Event of Default or Unmatured Event of Default would result from exist after giving effect to such Credit Extension;
(iiid) no Borrowing Base Deficit exists Deficiency shall have occurred and be continuing, or would exist after giving effect to such Credit Extension; and
(ive) since the Closing Date, no event shall have occurred that would reasonably be expected to have a Condition to Borrowing Material Adverse Effect upon the ability of any Loan Party to meet its obligations under this Agreement.; and
(f) the date of the requested Credit Extension is prior to the Availability Termination Date has not occurredDate.
Appears in 1 contract
Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicableshall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and;
(iv) the Termination Date has not occurred; and
(v) the Aggregate Loan Amount exceeds the Minimum Funding Threshold; and
(e) with respect to the initial Credit Extension, the Administrative Agent shall have received recorded copies or other evidence of filing of amendments, assignments or releases, in each case releasing any Receivables and Related Security described in any mortgages filed in favor of the Credit Agreement Agent, in form and substance acceptable to the Administrative Agent.
Appears in 1 contract
Samples: Receivables Financing Agreement (Compass Minerals International Inc)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Owens & Minor Inc/Va/)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred; and
(v) after giving effect to such Credit Extension, the Aggregate Capital exceeds the Minimum Funding Threshold.
Appears in 1 contract
Samples: Receivables Financing Agreement (Exact Sciences Corp)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicableshall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (NuStar Energy L.P.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Weekly Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of restrictions with respect to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicableshall not be violated;
(d) on the date of such Credit Extension Extension, the following statements shall be true and correct (and upon the occurrence of such Credit Extension, Extension the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default Termination or Unmatured Event of Default Termination has occurred and is continuing, and no Event of Default Termination or Unmatured Event of Default Termination would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension;
(iv) the Aggregate Capital does not exceed the Facility Limit; and
(ivv) the Termination Date has not occurred.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each The obligation of Bank to make each Credit Extension, including the initial Credit Extension hereunder on or after the Closing Date shall be Date, is further subject to the conditions precedent thatfollowing conditions:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent receipt by Bank of (i) a Loan Advance/Paydown Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, Form in accordance with Section 2.02(a2.1(a) or Section 3.02(a), as applicableand (ii) a Borrowing Base Certificate signed by a Responsible Officer;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extension;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they Section 5 shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality) on and as of the date of such earlier Loan Advance/Paydown Request Form and on the effective date of each Credit Extension as though made at and as of each such date;
(iic) no Default under Section 6.7, Section 8.1 or Section 8.5 or any Event of Default or Unmatured Event of Default has shall have occurred and is be continuing, and no Event of Default or Unmatured Event of Default would result from exist after giving effect to such Credit Extension;
(iiid) no Borrowing Base Deficit exists Deficiency shall have occurred and be continuing, or would exist after giving effect to such Credit Extension; and
(ive) since the Termination Date has not occurredClosing Date, no event shall have occurred that would reasonably be expected to have a Condition to Borrowing Material Adverse Effect upon the ability of any Loan Party to meet its obligations under this Agreement. The making of each Credit Extension shall be deemed to be a representation and warranty by Borrower on the date of such Credit Extension as to the accuracy of the facts referred to in this Section 3.2(b), (c), (d) and (e).
Appears in 1 contract
Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:: 749336112 22708133
(a) the Borrower shall have delivered to the Administrative Agent Administrator and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent Administrator and each Group Agent Lender all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Worthington Industries Inc)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Weekly Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of restrictions with respect to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i) through (iv) and Section 3.01(a), as applicableshall not be violated;
(d) on the date of such Credit Extension Extension, the following statements shall be true and correct (and upon the occurrence of such Credit Extension, Extension the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default Termination or Unmatured Event of Default Termination has occurred and is continuing, and no Event of Default Termination or Unmatured Event of Default Termination would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension;
(iv) the Aggregate Capital does not exceed the Facility Limit; and
(ivv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Agiliti, Inc. \De)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and;
(iv) the Termination Date has not occurred; and
(v) the Aggregate Capital exceeds the Minimum Funding Threshold.
Appears in 1 contract
Samples: Receivables Financing Agreement (Owens & Minor Inc/Va/)
Conditions Precedent to all Credit Extensions. Each The obligation of each Lender to honor any Request for a new Credit Extension hereunder on or after the Closing Date shall be is subject to the following conditions precedent thatprecedent:
(a) The representations and warranties of the Borrower shall have delivered to the Administrative Agent Company and each Group Agent a other Loan Request for such Loan, and, Party contained in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent Article V and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extension;
(c) the making of such Credit Extension will not result in any of the circumstances specified other Loan Document, or which are contained in Section 2.01(a)(i) through (iv) and Section 3.01(a)any document furnished at any time under or in connection herewith or therewith, as applicable;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless Extension, except to the extent that such representations and warranties by their terms specifically refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;, and except that for purposes of this Section 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(iib) no Event of Default or Unmatured Event of No Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such proposed Credit Extension or from the application of the proceeds thereof.
(c) The Administrative Agent shall have received a Revolving Loan Notice, duly authorized by a Responsible Officer and delivered to the Administrative Agent in accordance with Section 2.02.
(d) Both immediately prior to and after giving pro forma effect to the proposed Credit Extension;
, the Borrowers shall be in pro forma compliance with the financial covenant set forth in Section 7.12. Each Request for Credit Extension submitted by the Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(a), (iiib) no Borrowing Base Deficit exists or would exist after giving effect to such and (d) have been satisfied on and as of the date of the applicable Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Credit Agreement (TMX Finance LLC)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
: (a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, Loan in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
; (b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all a pro forma Information Packages required to be delivered hereunder on or prior Package, reflecting the Aggregate Capital, Total Reserves and the Borrowing Base, each as calculated after giving effect to the date of such proposed Credit Extension;
; (c) the making of such Credit Extension will not result in any none of the circumstances conditions specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
shall exist after giving effect to such Credit Extension; (d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
): (i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
; (ii) no Termination Event of Default or Unmatured Termination Event of Default has occurred and is continuing, and no Termination Event of Default or Unmatured Termination Event of Default would result from such Credit Extension;
; (iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
and (ive) the Termination Date has shall not have occurred.. SECTION
Appears in 1 contract
Samples: Receivables Financing Agreement
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Purchase Reports required to be delivered hereunder on or prior to and under the date of such Credit ExtensionPurchase and Sale Agreement;
(c) the making of restrictions with respect to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicableshall not be violated;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension;
(iv) the Aggregate Capital does not exceed the Facility Limit;
(v) no Performance Test is then being breached; and
(ivvi) the Termination Date has not occurred.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) in the case of a Loan, the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, and in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent Agent, each Lender and the LC Bank Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable, shall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Early Amortization Event, Event of Default or Unmatured Event of Default has occurred and is continuing, and no Early Amortization Event, Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Covia Holdings Corp)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, Loan in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all a pro forma Information Packages required to be delivered hereunder on or prior Package, reflecting the Aggregate Capital, Total Reserves and the Borrowing Base, each as calculated after giving effect to the date of such proposed Credit Extension;
(c) the making of such Credit Extension will not result in any none of the circumstances conditions specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicableshall exist after giving effect to such Credit Extension;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Termination Event of Default or Unmatured Termination Event of Default has occurred and is continuing, and no Termination Event of Default or Unmatured Termination Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(ive) the Termination Date has shall not have occurred.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) : the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) ; the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages and Purchase Reports required to be delivered hereunder on or prior and under the Purchase and Sale Agreement; the restrictions with respect to the date of such Credit Extension;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;
(d) shall not be violated; on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) ): the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) ; no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) ; no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
the Aggregate Capital does not exceed the Facility Limit; no Performance Test is then being breached; and (ivvi) the Termination Date has not occurred.. SECTION
Appears in 1 contract
Samples: Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicableshall be satisfied;
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Contribution Termination Event has occurred and is continuing under the Transfer and Contribution Agreement;
(iv) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(ivv) the Termination Date has not occurred;
(e) the Administrative Agent shall have received each of the UCC filings and other deliverables listed on the initial credit extension memorandum attached as Exhibit H-2 hereto, in each case, in form and substance reasonably acceptable to the Administrative Agent.
Appears in 1 contract
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) : the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) ; the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior hereunder; the conditions precedent to the date of such Credit Extension;
(c) the making of such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;
(d) shall be satisfied; on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) ): the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) ; no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) ; no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred; and the Aggregate Loan Amount exceeds the Minimum Funding Threshold; and with respect to the initial Credit Extension, the Administrative Agent shall have received recorded copies or other evidence of filing of amendments, assignments or releases, in each case releasing any Receivables and Related Security described in any mortgages filed in favor of the Credit Agreement Agent, in form and substance acceptable to the Administrative Agent.
Appears in 1 contract
Samples: Receivables Financing Agreement (Compass Minerals International Inc)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent all Information Packages Monthly Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(a), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 6.01 and 7.02 6.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless Extension, or if such representations and warranties by their terms refer to an earlier date, in which case they shall be were true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and;
(iv) the Aggregate Capital does not exceed the Facility Limit;
(v) the Termination Date has not occurred; and
(vi) no Originator has provided written notice to the Borrower or the Administrative Agent of its election to terminate sales of Receivables under the Purchase and Sale Agreement.
Appears in 1 contract
Samples: Receivables Financing Agreement (Oncor Electric Delivery Co LLC)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports, if any, required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Syneos Health, Inc.)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent the LC Bank all Information Packages required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i3.01(a) through (iv) and Section 3.01(a), as applicable;shall be satisfied; and
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and
(iv) the Termination Date has not occurred.
Appears in 1 contract
Samples: Receivables Financing Agreement (Davey Tree Expert Co)
Conditions Precedent to all Credit Extensions. Each Credit Extension hereunder on or after the Closing Date shall be subject to the conditions precedent that:
(a) the Borrower shall have delivered to the Administrative Agent and each Group Agent Lender a Loan Request for such Loan, and, in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable;
(b) the Servicer shall have delivered to the Administrative Agent and each Group Agent Lender all Information Packages and Interim Reports required to be delivered hereunder on or prior to the date of such Credit Extensionhereunder;
(c) the making of conditions precedent to such Credit Extension will not result in any of the circumstances specified in Section 2.01(a)(i2.01(i) through (iv) and Section 3.01(aiii), as applicable;shall be satisfied; and 755287315 21689858
(d) on the date of such Credit Extension the following statements shall be true and correct (and upon the occurrence of such Credit Extension, the Borrower and the Servicer shall be deemed to have represented and warranted that such statements are then true and correct):
(i) the representations and warranties of the Borrower and the Servicer contained in Sections 7.01 and 7.02 are true and correct in all material respects on and as of the date of such Credit Extension as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date;
(ii) no Event of Default or Unmatured Event of Default has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension;
(iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and;
(iv) the Termination Date has not occurred; and
(v) after giving effect to such Credit Extension, the Aggregate Principal exceeds the Minimum Funding Threshold.
Appears in 1 contract
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)