Conditions Precedent to Each Advance other than with respect to the Initial Wireless Assets Sample Clauses
Conditions Precedent to Each Advance other than with respect to the Initial Wireless Assets. The obligation of each Lender to make its Advance on the occasion of each requested Borrowing (after the initial Borrowing), shall be subject to the following conditions precedent on the Borrowing Date (the following statements in (a) and (b) below shall be true, and each of the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of such Borrowing, shall constitute a representation and warranty by the Borrower that on the date of such Borrowing such statements are true):
(a) the representations and warranties contained in Article IV and in each other Loan Document and all certifications provided thereunder are correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing and to the application of the proceeds from such Borrowing, as though made on, and as of such date, except (i) to the extent that such representations and warranties specifically relate to an earlier date, in which case such representations and warranties are true and correct in all material respects on and as of such earlier date and (ii) to the extent such representations and warranties are qualified by materiality, in which case such representations and warranties shall be true and correct in all respects; *Information marked with an asterisk herein has been omitted and filed separately with the Commission pursuant to a request for confidential treatment.
(b) no Default or Event of Default has occurred and is continuing or would result from such Borrowing or from the application of the proceeds therefrom;
(c) the Administrative Agent shall have received a Notice of Borrowing duly executed by the Borrower;
(d) the Borrower has previously consummated the Relevant Acquisitions included in the Advance Rate as of the date of the Borrower or (subject to Section 2.1) will acquire such Relevant Acquisition substantially contemporaneously with such Borrowing;
(e) the Administrative Agent shall have received a Wireless Asset Report for all of the Wireless Assets owned by the Borrower on the date of such Borrowing and/or, to the extent applicable, to be purchased using the proceeds of such Borrowing and including a breakdown of the Relevant Acquisitions;
(f) at the time of and after giving effect to the Borrowing and any Acquisition(s) to be consummated using the proceeds of such Borrowing, the Borrower is in pro forma compliance with the financial covenant set forth in Section 6.13;
(g) the Ad...
