Conditions Precedent to Each Revolving Loan. The obligation of the Lenders to make each Revolving Loan, including the initial Revolving Loans on the Closing Date, and the obligation of the Letter of Credit Issuer to issue any Letter of Credit shall be subject to the further conditions precedent that on and as of the date of any such extension of credit:
(a) the following statements shall be true, and the acceptance by the Borrowers of any extension of credit shall be deemed to be a statement to the effect set forth in clause (i) and clause (ii) following with the same effect as the delivery to the Agents and the Lenders of a certificate signed by a Responsible Officer of each Loan Party, dated the date of such extension of credit, stating that:
(i) The representations and warranties contained in this Agreement and the other Loan Documents that are qualified as to materiality or Material Adverse Effect shall be true and correct, and the representations that are not so qualified shall be true and correct in all material respects, in each case on and as of the date of such extension of credit as though made on and as of such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties qualified as to materiality or Material Adverse Effect shall be true and correct, and the representations that are not so qualified shall be true and correct in all material respects on and as of such earlier date and except to the extent the Agents have waived in writing compliance with such representation or warranty; and
(ii) No Default or an Event of Default has occurred and is continuing, or would result from such extension of credit.
(b) The Agents shall have received satisfactory evidence that the Collateral Agent has a valid, exclusive (other than Permitted Liens), and perfected first priority (other than Permitted Liens to the extent permitted hereunder) security interest, lien, collateral assignment, and pledge as of such date in all Collateral required to be perfected hereunder, to the extent that any such Liens may be perfected under the UCC (but excluding any Liens perfected solely by possession, but only to the extent the Collateral Agent has not requested possession of such Collateral in accordance with the terms of the Loan Documents).
(c) Since the Closing Date and as of the date of funding such Revolving Loan or issuing such Letter of Credit, there shall not have occurred or exist any event or condition which const...
Conditions Precedent to Each Revolving Loan. The obligation of each Revolving Credit Lender on any date (including the Closing Date) to make any Revolving Loan is subject to the satisfaction of each of the following conditions precedent:
Conditions Precedent to Each Revolving Loan. The obligation of Lender to make each Revolving Loan, including the making of the initial Revolving Loan, is subject to the further conditions that Lender shall have received the appropriate Revolving Loan Borrowing Request requesting such Revolving Loan, or request therefor shall otherwise have been made to Lender’s satisfaction, in accordance with the terms of this Agreement and that on the date such Revolving Loan is to be made and after giving effect to such Revolving Loan, the following shall be true and correct:
(a) The representations and warranties set forth in Section 4.01 are true and correct in all material respects as if made on such date;
(b) No Event of Default has occurred and is continuing that would permit the Lender to terminate the Commitment;
(c) No Material Adverse Effect or Acceleration Event has occurred and is continuing; and
(d) Each of the Credit Documents remains in full force and effect.
Conditions Precedent to Each Revolving Loan. The obligation of the Bank to make a Revolving Loan on the occasion of each Revolving Loan (including the initial Revolving Loan) shall be subject to the further conditions precedent that on the date of such Revolving Loan (a) the following statements shall be true and the Bank shall have received the notice required by Section 2.01(b), which notice shall be deemed to be a certification by the Borrower that:
(i) The representations and warranties contained in Section 5.01 are correct on and as of the date of such Revolving Loan as though made on and as of such date,
(ii) No event has occurred and is continuing, or would result from such Revolving Loan, which constitutes an Event of Default or Potential Event of Default; and
(iii) Nothing shall have occurred and the Bank shall not have become aware of any fact or condition not previously known, which the Bank shall determine has, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the Bank, or on the ability of the Borrower to perform its obligations to the Bank or which has, or could reasonably be expected to have, a material adverse effect on the performance, business, property, assets, condition (financial or otherwise) or prospects of Borrower and its Subsidiaries taken as a whole; and
(iv) All Loan Documents are in full force and effect, and (b) the Bank shall have received such other approvals, opinions or documents as the Bank may reasonably request.
Conditions Precedent to Each Revolving Loan. The obligation of the Bank to make a Revolving Loan on any date is subject to the conditions precedent that on the date of such Revolving Loan:
(a) The Bank shall have received a Request for Revolving Loan as provided in Section 2.3(c) hereof.
(b) Each of the representations and warranties set forth in Section 6 hereof and in the other Related Documents shall be true and correct as of such time, except to the extent the same expressly relates to an earlier date.
Conditions Precedent to Each Revolving Loan. The obligation of the Lender to make each Revolving Loan, including the initial Revolving Loans on the Closing Date, shall be subject to the further conditions precedent that on and as of the date of any such extension of credit the following statements shall be true, and the acceptance by the Borrower of any extension of credit shall be deemed to be a statement to the effect set forth in clauses (a) and (b), with the same effect as the delivery to the Lender of a certificate signed by a Responsible Officer, dated the date of such extension of credit, stating that:
(a) The representations and warranties contained in this Agreement and the other Loan Documents are correct in all material respects on and as of the date of such extension of credit as though made on and as of such date, except to the extent the Lender has been notified by the Borrower that any representation or warranty is not correct and the Lender have explicitly waived in writing compliance with such representation or warranty; and
(b) No event has occurred and is continuing, or would result from such extension of credit, which constitutes a Default or an Event of Default.
Conditions Precedent to Each Revolving Loan. The obligation of each Credit Party to make any Revolving Loan under this Agreement shall be subject to the satisfaction of the following conditions precedent as of the date thereof:
Conditions Precedent to Each Revolving Loan. Prudential's obligation to make each Revolving Loan to the Company is also subject to the satisfaction of the following conditions:
Conditions Precedent to Each Revolving Loan. The obligations of the Lenders to make each Revolving Loan or to cause Letters of Credit to be issued hereunder shall be subject to the satisfaction of, or waiver of, immediately prior to or concurrently with the making of such Revolving Loans, the following further conditions precedent:
Conditions Precedent to Each Revolving Loan. The obligation of the Bank to make a Revolving Loan on any date is subject to the conditions precedent that on the date of such Revolving Loan:
(a) The Bank shall have received a Request for Revolving Loan as provided in Section 2.3(c) hereof.
(b) Each of the representations and warranties set forth in Article VI hereof and in the other Related Documents shall be true and correct as of such time, except to the extent the same expressly relates to an earlier date.
(c) No Event of Default shall have occurred and be continuing.
(d) After giving effect to any Revolving Loan, the aggregate principal amount of all Revolving Loans outstanding hereunder shall not exceed the Commitment Amount.
(e) The Commitment and the obligation of the Bank to make a Revolving Loan hereunder shall not have terminated pursuant to Section 8.2 hereof or pursuant to Section 4.2 hereof.
(f) The Bank shall have received a fully executed Section 16 Certificate and an MTA RAN issued to the Bank and registered in the name of the Bank in an amount equal to the amount of the related Revolving Loans. Unless the Authority shall have otherwise previously advised the Bank in writing, delivery to the Bank of a Request for Revolving Loan shall be deemed to constitute a representation and warranty by the Authority that on the date of such Request for Revolving Loan and on the date of the proposed Revolving Loan that no Event of Default shall have occurred and be continuing on the date of such Request for Revolving Loan.
