Conditions Precedent to Each Advance and Letter of Credit. The obligation of each Lender to make any Advance or to issue any Letter of Credit (or to renew or extend any Letter of Credit) hereunder is subject to the following conditions precedent: (a) No Default or Event of Default has occurred and is continuing on the date of each Advance or the date of issuance (or the date of renewal or extension, as the case may be) of each Letter of Credit or would result from the incurring of obligations by Borrower under this Agreement; (b) The representations and warranties contained herein, in the Collateral Documents and in any guaranty hereafter executed and delivered by a new Guarantor pursuant to Section 3.04, shall be true and correct in all material respects on the date of each Advance or the date of issuance (or the date of renewal or extension, as the case may be) of each Letter of Credit, except as to representations and warranties which expressly relate to an earlier date and except for changes which are expressly permitted by this Agreement; and (c) There has occurred since the Closing Date, no event, development or circumstance which has had or is reasonably likely to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp)
Conditions Precedent to Each Advance and Letter of Credit. The obligation of each Lender to make any Advance or to issue any Letter of Credit (or to renew or extend any Letter of Credit) hereunder is subject to the following conditions precedent:
(a) No Default or Event of Default has occurred and is continuing on the date of each Advance or the date of issuance (or the date of renewal or extension, as the case may be) of each Letter of Credit or would result from the incurring of obligations by Borrower under this Agreement;
(b) The representations and warranties contained herein, in the Collateral Documents and in any guaranty hereafter executed and delivered by a new Guarantor pursuant to Section 3.04, shall be true and correct in all material respects on the date of each Advance or the date of issuance (or the date of renewal or extension, as the case may be) of each Letter of Credit, except for the representations and warranties contained in Section 5.09 and except as to representations and warranties which expressly relate to an earlier date and except for changes which are expressly permitted by this Agreement; and
(c) There there has occurred since the Closing Date, no event, development or circumstance which has had or is reasonably likely to have a Material Adverse Effect. Each borrowing by or credit extension to Borrower hereunder shall constitute a representation and warranty by Borrower as of the date of each such borrowing or credit extension that the conditions in Section 4.02 have been satisfied.
Appears in 1 contract
Samples: Credit Agreement (Bally Total Fitness Holding Corp)
Conditions Precedent to Each Advance and Letter of Credit. The obligation of each Lender to make any Advance or to issue any Letter of Credit (or to renew or extend any Letter of Credit) hereunder is subject to the following conditions precedent:
(a) No Default or Event of Default has occurred and is continuing on the date of each Advance or the date of issuance (or the date of renewal or extension, as the case may be) of each Letter of Credit or would result from the incurring of obligations by Borrower under this Agreement;
(b) The representations and warranties contained herein, in the Collateral Documents and in any guaranty hereafter executed and delivered by a new Guarantor pursuant to Section 3.04, shall be true and correct in all material respects on the date of each Advance or the date of issuance (or the date of renewal or extension, as the case may be) of each Letter of Credit, except for the representations and warranties contained in Section 5.09 and except as to representations and warranties which expressly relate to an earlier date and except for changes which are expressly permitted by this Agreement; and
(c) There there has occurred since the Closing Datedate hereof, no event, development or circumstance which has had or is reasonably likely to have a Material Adverse Effect. Each borrowing by or credit extension to Borrower hereunder shall constitute a representation and warranty by Borrower as of the date of each such borrowing or credit extension that the conditions in Section 4.02 have been satisfied.
Appears in 1 contract
Samples: Credit Agreement (Bally Total Fitness Holding Corp)