Common use of Conditions Precedent to All Investments, Issuances of Letters of Credit and Reinvestments Clause in Contracts

Conditions Precedent to All Investments, Issuances of Letters of Credit and Reinvestments. Each Investment (including any deemed Investment pursuant to Section 1.4(f) of the Agreement) and the issuance of any Letters of Credit and each Reinvestment shall be subject to the further conditions precedent that: (a) in the case of each Investment and the issuance of any Letters of Credit, the Servicer shall have delivered to the Administrator and each Purchaser Agent on or before such Investment or issuance, as the case may be, in form and substance satisfactory to the Administrator and each Purchaser Agent, a completed pro forma Information Package to reflect the level of Aggregate Capital, the LC Participation Amount and related reserves and the calculation of the Purchased Asset Coverage Percentage after such subsequent Investment or issuance, as the case may be, and a completed Investment Notice in the form of Annex B; and (b) on the date of such Investment, issuance or Reinvestment, as the case may be, the following statements shall be true (and acceptance of the proceeds of such Investment, issuance or Reinvestment shall be deemed a representation and warranty by the Seller that such statements are then true): (i) the representations and warranties contained in Exhibit III to the Agreement are true and correct in all material respects on and as of the date of such Investment, issuance or Reinvestment as though made on and as of such date (except to the extent that such representations and warranties expressly relate to an earlier date, and in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); (ii) no event has occurred and is continuing, or would result from such Investment, issuance or Reinvestment, that constitutes a Termination Event; (iii) solely in the case of any Investment (but not Reinvestment) or any such issuance, no Unmatured Termination Event shall exist and be continuing; (iv) the sum of the Aggregate Capital plus the LC Participation Amount, after giving effect to any such Investment, issuance or Reinvestment, as the case may be, shall not exceed the Purchase Limit;

Conditions Precedent to All Investments, Issuances of Letters of Credit and Reinvestments. Each Investment (including the initial Investment, but excluding the deemed Investment made pursuant to the first sentence of Section 1.2(c), the assignments and assumptions made pursuant to Section 1.2(d) and any deemed Investment pursuant to Section 1.4(f) of the Agreement) and the issuance of any Letters of Credit and each Reinvestment shall be subject to the further conditions precedent that: (a) in the case of each Investment and the issuance of any Letters of Credit, the Servicer shall have delivered to the Administrator and each Purchaser Agent on or before such Investment or issuance, as the case may be, in form and substance satisfactory to the Administrator and each Purchaser Agent, a completed pro forma Information Package to reflect the level of Aggregate Capital, the LC Participation Amount and related reserves and the calculation of the Purchased Asset Coverage Percentage after such subsequent Investment or issuance, as the case may be, and a completed Investment Notice in the form of Annex B; and (b) on the date of such Investment, issuance or Reinvestment, as the case may be, the following statements shall be true (and acceptance of the proceeds of such Investment, issuance or Reinvestment shall be deemed a representation and warranty by the Seller that such statements are then true): (i) the representations and warranties contained in Exhibit III to the Agreement are true and correct in all material respects on and as of the date of such Investment, issuance or Reinvestment as though made on and as of such date (except to the extent that such representations and warranties expressly relate to an earlier date, and in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); (ii) no event has occurred and is continuing, or would result from such Investment, issuance or Reinvestment, that constitutes a Termination Event; (iii) solely in the case of any Investment (but not Reinvestment) or any such issuance, no Unmatured Termination Event shall exist and be continuing; (iv) the sum of the Aggregate Capital plus the LC Participation Amount, after giving effect to any such Investment, issuance or Reinvestment, as the case may be, shall not exceed the Purchase Limit;

Conditions Precedent to All Investments, Issuances of Letters of Credit and Reinvestments. Each Investment (including the initial Investment, but excluding the deemed Investment made pursuant to the first sentence of Section 1.3(a) and any deemed Investment pursuant to Section 1.4(f) of the Agreement) and the issuance of any Letters of Credit and each Reinvestment shall be subject to the further conditions precedent that: (a) in the case of each Investment and the issuance of any Letters of Credit, the Servicer shall have delivered to the Administrator and each Purchaser Agent on or before such Investment or issuance, as the case may be, in form and substance satisfactory to the Administrator and each Purchaser AgentAdministrator, a completed pro forma Information Package to reflect the level of Aggregate Capital, the LC Participation Amount and related reserves and the calculation of the Purchased Asset Coverage Percentage after such subsequent Investment or issuance, as the case may be, and a completed Investment Notice in the form of Annex B; and (b) on the date of such Investment, issuance or Reinvestment, as the case may be, the following statements shall be true (and acceptance of the proceeds of such Investment, issuance or Reinvestment shall be deemed a representation and warranty by the Seller that such statements are then true): (i) the representations and warranties contained in Exhibit III to the Agreement are true and correct in all material respects on and as of the date of such Investment, issuance or Reinvestment as though made on and as of such date (except to the extent that such representations and warranties expressly relate to an earlier date, and in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); (ii) no event has occurred and is continuing, or would result from such Investment, issuance or Reinvestment, that constitutes a Termination Event; (iii) solely in the case of any Investment (but not Reinvestment) or any such issuance, no Unmatured Termination Event shall exist and be continuing; (iv) the sum of the Aggregate Capital plus the LC Participation Amount, after giving effect to any such Investment, issuance or Reinvestment, as the case may be, shall not exceed the Purchase Limit;

Conditions Precedent to All Investments, Issuances of Letters of Credit and Reinvestments. Each Investment (including any deemed Investment pursuant to Section 1.4(f) of the Agreement) and the issuance of any Letters of Credit and each Reinvestment shall be subject to the further conditions precedent that: (a) in the case of each Investment and the issuance of any Letters of Credit, the Servicer shall have delivered to the Administrator and each Purchaser Agent on or before such Investment or issuance, as the case may be, in form and substance satisfactory to the Administrator and each Purchaser Agent, a completed pro forma Information Package to reflect the level of Aggregate Capital, the LC Participation Amount and related reserves and the calculation of the Purchased Asset Coverage Percentage after such subsequent Investment or issuance, as the case may be, and a completed Investment Notice in the form of Annex B; and (b) on the date of such Investment, issuance or Reinvestment, as the case may be, the following statements shall be true (and acceptance of the proceeds of such Investment, issuance or Reinvestment shall be deemed a representation and warranty by the Seller that such statements are then true): (i) the representations and warranties contained in Exhibit III to the Agreement are true and correct in all material respects on and as of the date of such Investment, issuance or Reinvestment as though made on and as of such date (except to the extent that such representations and warranties expressly relate to an earlier date, and in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); (ii) no event has occurred and is continuing, or would result from such Investment, issuance or Reinvestment, that constitutes a Termination Event; (iii) solely in the case of any Investment (but not Reinvestment) or any such issuance, no Unmatured Termination Event shall exist and be continuing; (iv) the sum of the Aggregate Capital plus the LC Participation Amount, after giving effect to any such Investment, issuance or Reinvestment, as the case may be, shall not exceed the Purchase Limit;