Common use of Conditions Precedent to Subsequent Advances Clause in Contracts

Conditions Precedent to Subsequent Advances. The obligation of the Lender to make subsequent advances under the Revolving Credit is subject to the conditions precedent that the Lender shall have received, in form and substance satisfactory to it, each of the following documents, and that each of the conditions described below is fulfilled to the satisfaction of the Lender: (i) if applicable, a request for advance pursuant to Section 3.01 hereof; and (ii) the representations and warranties contained in Article IV hereof and each of the other Loan Documents shall be correct in all material respects on and as of the date of the request for the advance and the date of the advance (if applicable), with the same effect as though made on and as of those dates, except to the extent that such representations and warranties relate solely to an earlier date, and on each of such dates, no event, act, or condition shall have occurred or be continuing, or would result from the advance requested which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse, or both. The submission by the Borrower of an oral or written request for advance shall constitute a representation and warranty as to the correctness of the above facts, and if requested by the Lender with respect to the advance requested, the Borrower shall furnish to the Lender a written certificate of an officer of the Borrower, satisfactory in form and substance to the Lender, as to the correctness of the above facts as a condition precedent to such advance.

Appears in 4 contracts

Samples: Term Loan Agreement (Community Bankshares Inc /Ga/), Stock Pledge and Security Agreement (Community Bankshares Inc /Ga/), Term Loan Agreement (Community Bankshares Inc /Ga/)

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Conditions Precedent to Subsequent Advances. The obligation of the Lender Bank to make subsequent advances under the Revolving Credit is subject to the conditions precedent that the Lender Bank shall have received, in form and substance satisfactory to it, each of the following documents, and that each of the conditions described below is fulfilled to the satisfaction of the LenderBank: (i) if applicable, a request for advance pursuant to Section 3.01 hereof; and (ii) the representations and warranties contained in Article IV hereof and each of the other Loan Documents shall be correct in all material respects on and as of the date of the request for the advance and the date of the advance (if applicable)advance, with the same effect as though made on and as of those dates, except to the extent that such representations and warranties relate solely to an earlier date, and on each of such dates, no event, act, or condition shall have occurred or be continuing, or would result from the advance requested requested, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse, or both. The submission by the Borrower of an oral or written request for advance shall constitute a representation and warranty as to the correctness of the above facts, and if requested by the Lender Bank with respect to the advance requested, the Borrower shall furnish to the Lender Bank a written certificate of an officer of the Borrower, satisfactory in form and substance to the LenderBank, as to the correctness of the above facts as a condition precedent to such advanceadvance and confirming that the approvals required in paragraph (9) above remain in effect at the time of each disbursement from the Loan.

Appears in 2 contracts

Samples: Loan Agreement (Bankatlantic Bancorp Inc), Loan Agreement (Bankatlantic Bancorp Inc)

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Conditions Precedent to Subsequent Advances. The obligation of the Lender Bank to make subsequent advances Advances under the Revolving Credit is subject to the conditions precedent that the Lender Bank shall have received, in form and substance satisfactory to it, each of the following documents, and that each of the conditions described below is fulfilled to the satisfaction of the LenderBank at the time of each subsequent Advance: (i) if applicable, a request for advance Advance pursuant to Section 3.01 2.03 hereof; and (ii) the representations and warranties contained in Article IV hereof and each of the other Loan Documents shall be correct in all material respects on and as of the date of the request for the advance Advance and as of the date of the advance (if applicable)Advance, with the same effect as though made on and as of those dates, except to the extent that such representations and warranties relate solely to an earlier date, and on each of such dates, no event, act, or condition shall have occurred or be continuing, or would result from the advance requested Advance requested, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse, or both. The submission by the Borrower of an oral or written request for advance an Advance shall constitute a representation and warranty as to the correctness of the above facts, and if requested by the Lender Bank with respect to the advance Advance requested, the Borrower shall furnish to the Lender Bank a written certificate of an officer of the Borrower, satisfactory in form and substance to the LenderBank, as to the correctness of the above facts as a condition precedent to such advanceAdvance.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (First State Corp /Ga/)

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