Conditions Precedent to Each Subsequent Utilisation. (a) The Lender shall make available a Loan under the requested Facility in compliance with Section 5.4 (Lender’s Participation) if, on the date of the proposed Utilisation: (i) there is no Event of Default or any continuing Event of Default; (ii) all of the Representations, Warranties and covenants are valid and effective, or have otherwise been waived by the Lender (as the case may be); (iii) the Lender has received all of the documents and other evidence listed in and appearing to comply with the requirements of Part B of Schedule 2.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Aleris Ohio Management, Inc.), Facility Agreement (Aleris Ohio Management, Inc.)
Conditions Precedent to Each Subsequent Utilisation. (a) The Following the first Utilization of the Facility, the Lender shall make available a Loan under the requested Facility in compliance with Section 5.4 (Lender’s ParticipationDisbursement of Loan) if, on the date of the proposed Utilisation:
(ia) there is no Event of Default or any continuing Event of Default;
(iib) all of the Representations, Warranties Representations and covenants are valid and effective, or have otherwise been waived by the Lender (as the case may be);; and
(iiic) the Lender has received (or, where applicable, waived) all of the documents and other evidence listed in and appearing to comply with the requirements of Part B of Schedule 21 (Conditions Precedent).
Appears in 2 contracts
Samples: Revolving Loan Facility Agreement, Facility Agreement (Aleris Corp)
