Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by the Lenders pursuant to Section 2.05(h), the obligations of (i) the Lenders to make Loans hereunder (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following conditions precedent: (a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied or waived in accordance with Section 9.02; (b) The representations and warranties set forth in Article IV and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects; (c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be; (d) No Default or Event of Default shall have occurred and be continuing or would result from such Credit Event; and (e) A Borrowing Request shall have been delivered in accordance with the terms of Section 2.03. The acceptance by the Borrower of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.
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Samples: Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)
Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by the Lenders pursuant to Section 2.05(h), the obligations of (i) the Lenders to make Loans hereunder and (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following conditions precedent:
(a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied or waived in accordance with Section 9.02;
(b) The representations and warranties set forth in Article IV and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(d) No Default or Event of Default shall have occurred and be continuing or would result from such Credit Event; and
(e) A Borrowing Request shall have been delivered in accordance with the terms of Section 2.03. The acceptance by the Borrower of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.. 62 Revolving Credit Facility
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Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by the Lenders pursuant to Section 2.05(h), the obligations of (i) the Lenders to make Loans hereunder (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following conditions precedent:
(a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied or waived in accordance with Section 9.02;
(b) The representations and warranties set forth in Article IV and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(d) No Default or Event of Default shall have occurred and be continuing or would result from such Credit Event; and
(e) A Borrowing Request shall have been delivered in accordance with the terms of Section 2.03. The acceptance by the Borrower of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.
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Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by The occurrence of each Credit Event (including the Lenders pursuant to Section 2.05(h), the obligations of (iinitial Revolving Loan Borrowing) the Lenders to make Loans hereunder (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following further conditions precedentthat:
(a) The conditions precedent set forth in Section 3.01 Borrower shall have theretofore been satisfied or waived delivered to the Administrative Agent and, if applicable, the L/C Issuer, (i) the Notice of Loan Borrowing, Letter of Credit Application, as the case may be, for such Credit Event in accordance with this Agreement and (ii) a Borrowing Base Certificate as contemplated by Section 9.02;5.01(a)(iv)(B); and
(b) On the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct:
(i) The representations and warranties of the Loan Parties set forth in Article IV and in the other Loan Credit Documents are true and correct in all material respects as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true and correct in all material respects as of, and as if of such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(dii) No Default or Event of Default shall have (or event or circumstance described in Section 2.06(d)) has occurred and be is continuing or would will result from such Credit Event; and;
(eiii) A Borrowing Request shall have been delivered No material adverse change in accordance with the terms operations, business or condition (financial or otherwise) of Section 2.03. The acceptance by the Borrower individually or the Loan Parties (taken as a whole) having occurred since December 31, 2006;
(iv) No default or event of default under the benefits of Xxxxxxxxx Distribution Agreement has occurred and is continuing or will result from such Credit Event, in each Credit Event shall constitute a representation and warranty by case that would permit The Xxxxxxxxx Company to terminate the Borrower Xxxxxxxxx Distribution Agreement;
(v) The Xxxxxxxxx Company has not blocked payment from the Xxxxxxxxx Control Account to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.Borrower;
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Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by the Lenders pursuant to Section 2.05(h), the obligations of (i) the Lenders to make Loans hereunder and (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following conditions precedent:
(a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied or waived in accordance with Section 9.02;
(b) The representations and warranties set forth in Article IV and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(d) No Default or Event of Default shall have occurred and be continuing or would result from such Credit Event; and
(e) A Borrowing Request shall have been delivered in accordance with the terms of Section 2.03. The acceptance by the Borrower of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.
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Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by The occurrence of each Credit Event (including the Lenders pursuant to Section 2.05(h), the obligations of (iinitial Borrowing) the Lenders to make Loans hereunder (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following further conditions precedentthat:
(a) The conditions precedent set forth in Section 3.01 Borrower shall have theretofore been satisfied delivered to the Administrative Agent and, if applicable, the L/C Issuer or waived the Swing Line Lender, the Notice of Borrowing or Letter of Credit Application, as the case may be, for such Credit Event in accordance with Section 9.02;this Agreement; and
(b) On the date such Credit Event is to occur and after giving effect to such Credit Event, the following shall be true and correct:
(i) The representations and warranties of the Loan Parties set forth in Article IV and in the other Loan Credit Documents are true and correct in all material respects (except to the extent that such representation and warranty is qualified by materiality, in which case such representation and warranty must be true in all respects) as if made on such date (except for representations and warranties expressly made as of a specified date, which shall be true and correct in all material respects as of, and as if such representations and warranties were made on, (except to the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless extent that such representation and warranty expressly relates to an earlier is qualified by materiality, in which case such representation and warranty must be true in all respects) as of such date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(dii) No Default or Event of Default shall have has occurred and be is continuing or would will result from such Credit Event; and
(eiii) A Borrowing Request shall have been delivered No material adverse change in accordance with the terms assets, liabilities, financial condition, business operations or performance of Section 2.03the Loan Parties, taken as a whole, having occurred since December 31, 2012. The acceptance submission by the Borrower of to the benefits Administrative Agent of each Notice of Borrowing and each Letter of Credit Event Application shall constitute be deemed to be a representation and warranty by the Borrower to that each of the Lenders that all of the conditions specified statements set forth above in this Section 3.02 above exist 3.02(b) is true and correct as of that timethe date of such notice.
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Samples: Credit Agreement (Valueclick Inc/Ca)
Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by the Lenders pursuant to Section 2.05(h), the obligations of (i) the Lenders to make Loans hereunder (ii) and the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following conditions precedent:
(a) The conditions precedent set forth in Section 3.01 3.02 shall have theretofore been satisfied or waived in accordance with Section 9.02;
(b) The representations and warranties set forth in Article IV and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(d) No Default or Event of Default shall have occurred and be continuing or would result from such Credit Event; and
(e) A Borrowing Request shall have been delivered in accordance with the terms of Section 2.03. The acceptance by the Borrower of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.
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Conditions Precedent to Each Credit Event. Except with respect to Committed Loans made by the Lenders pursuant to Section 2.05(h), the The obligations of (i) the Lenders to make Loans hereunder (ii) the obligations of the Issuing Banks to issue or extend any Letter of Credit under this Agreement and (iii) each extension of the Maturity Date pursuant to Section 2.22 is subject to the satisfaction or waiver in accordance with Section 9.02 of the following conditions precedent:
(a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied or waived in accordance with Section 9.02;
(b) The representations and warranties set forth in Article IV and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan or Letter of Credit, as the case may be (unless such representation and warranty expressly relates to an earlier date), and by the Borrower’s delivery of a Borrowing Request, the Borrower shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects;
(c) The Company shall have complied with the provisions of Section 2.03, Section 2.04 or Section 2.05, as the case may be;
(d) No Default or Event of Default shall have occurred and be continuing or would result from such Credit Event; and
(e) A Borrowing Request shall have been delivered in accordance with the terms of Section 2.03. The acceptance by the Borrower of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.
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