Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender to make an Advance (other than a Swing Line Advance made by a Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(c), and the obligations of each Issuing Bank to issue a Letter of Credit shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (as the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Notice of Issuance and the acceptance by any Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by such Borrower that on the date of such Borrowing or the date of such issuance, as the case may be, such statements are true):
Appears in 2 contracts
Samples: Year Credit Agreement (Interpublic Group of Companies, Inc.), Credit Agreement (Interpublic Group of Companies Inc)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by a Lender pursuant to Section 2.02(b) and an advance made by any the Issuing Bank or any a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(cBorrowing (including the initial Credit Extension Date), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true in all material respects (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
Appears in 2 contracts
Samples: Credit Agreement (Medcath Corp), Credit Agreement (Medcath Corp)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by a Lender pursuant to Section 2.02(b) and an advance made by any the Issuing Bank or any a Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing, other than Borrowings made pursuant to Section 2.03(c), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the Borrower to request the issuance or renewal of a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Borrowing or Notice of Issuance and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
Appears in 2 contracts
Samples: Revolving Credit Agreement (Andrews Group Inc /De/), Term Credit Agreement (Andrews Group Inc /De/)
Conditions Precedent to Each Borrowing and Issuance. The --------------------------------------------------- obligation of each Appropriate Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by an Issuing Bank or a Revolving Credit Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(cBorrowing (including the Initial Extension of Credit), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
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Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender Party to make an Advance (other than a Swing Line Letter of Credit Advance made by the Issuing Bank or a Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial Borrowing, other than Borrowings made pursuant to Section 2.03(c), ) and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Borrowing or Request for Letter of Credit Borrowing, Notice Issuance or notice of Swing Line Borrowing, Notice of Issuance renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
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Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by a Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any a Revolving Credit Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(cBorrowing (including the Initial Extension of Credit), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
Appears in 1 contract
Samples: Credit Agreement (Afa Products Inc)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by an Issuing Bank or a Tranche A Revolving Credit Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(cBorrowing (including the Initial Extension of Credit), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
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Conditions Precedent to Each Borrowing and Issuance. (a) The obligation of each Appropriate Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by the Issuing Bank or a Revolving Credit Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing (including the initial Borrowing, other than Borrowings made pursuant to Section 2.03(c), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (as the case may be) or renewal the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Borrowing or Notice of Issuance and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
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Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Swing Line Advance made by a Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing, other than Borrowings made pursuant to Section 2.03(c), and the obligations obligation of each any Issuing Bank to issue a any Working Capital Letter of Credit (including the initial issuance) or renew a Working Capital Letter of Credit or the right of the Borrower to request a Swing Line Borrowing, shall be subject to the further conditions precedent that (a) the Effective Date Administrative Agent shall have occurred received a Notice of Borrowing or Notice of Issuance, as applicable, in accordance with the requirements hereof and (b) on the date of such Borrowing or such issuance (as the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Borrowing or Notice of Issuance and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Working Capital Letter of Credit shall constitute a representation and warranty by such the Borrower that on the date of such Borrowing or the date of such issuance, as the case may be, issuance such statements are true):
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Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance a Loan (other than a Swing Line Advance Revolving Letter of Credit Loan made by a Lender pursuant to Section 2.02(b) and an advance made by any Revolving Issuing Bank or any a Revolving Credit Lender pursuant to Section 2.03(c)) ), or deem to make any Term B Loan on the occasion of each Borrowing (including the initial Borrowing, other than Borrowings made pursuant to Section 2.03(c), and the obligations obligation of each Revolving Issuing Bank to issue a Revolving Letter of Credit or refinance an Existing Letter of Credit (including on the Effective Date) shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (as the case may be) other extension of credit the following statements shall be true and the Administrative Agent shall have received for the account of such Lender or such Revolving Issuing Bank a certificate signed by a duly authorized officer of the Borrower, dated the date of such Borrowing or extension of credit, stating that (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Borrowing or Notice of Issuance and the acceptance by any the Borrower of the proceeds of such Borrowing or such Revolving Letter of Credit shall constitute a representation and warranty by such the Borrower that on the date of such Borrowing or the date of such issuance, as the case may be, such statements are true):that
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Talen Energy Supply, LLC)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Revolving Credit Lender pursuant to Section 2.04 and a Swing Line Advance made by a Revolving Credit Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(c), and the obligations obligation of each Issuing Bank to issue a Letter of Credit and the right of the Borrower to request a Swing Line Borrowing, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (as the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Borrowing or Notice of Issuance and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance such statements are true):
Appears in 1 contract
Samples: Credit Agreement (Neustar Inc)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender and each Swing Line Bank to make an Advance (other than (x) a Swing Line Advance made by a Lender pursuant to Section 2.02(b) and or (y) an advance Advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(c), Borrowing and the obligations obligation of each Issuing Bank to issue a Letter of Credit shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance (as the case may be) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Borrowing or Notice of Issuance and the acceptance by any the Borrower of the proceeds of such Borrowing or such issuance shall constitute a representation and warranty by such the Borrower that on the date of such Borrowing or the date of such issuance, as the case may be, issuance such statements are true):
Appears in 1 contract
Samples: Credit Agreement (Ryland Group Inc)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Lender Party to make an Advance (other than a Swing Line Letter of Credit Advance made by a Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any a Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing, other than Borrowings made pursuant to Section 2.03(c), ) and the obligations obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Borrowing or Request for Letter of Credit Borrowing, Notice Issuance or notice of Swing Line Borrowing, Notice of Issuance renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or the date of such issuance, as the case may be, issuance or renewal such statements are true):
Appears in 1 contract
Samples: Credit Agreement (Qualcomm Inc/De)
Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Swing Line Letter of Credit Advance made by the Issuing Bank or a Working Capital Lender pursuant to Section 2.02(b) and an advance made by any Issuing Bank or any Lender pursuant to Section 2.03(c2.03(b)) on the occasion of each Borrowing, other than Borrowings made pursuant to Section 2.03(cBorrowing (including the Initial Extension of Credit), and the obligations obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or such issuance or renewal (as the case may bea) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing, Notice of Swing Line Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by any the Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such Borrowing or notice and on the date of such issuanceBorrowing, as the case may be, issuance or renewal such statements are true):
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