Conditions Precedent to Term Loans. The obligation of the Lenders to fund the Term Loans under this Loan Agreement is subject to the satisfaction (or waiver by the Administrative Agent) of the following conditions precedent on or before the Closing Date:
Conditions Precedent to Term Loans. Each Lender shall not be required to fund any requested Term Loan or otherwise extend credit to any Borrower hereunder, until the date (“Restatement Effective Date”) that each of the following conditions has been satisfied, subject to Section 6.2 below:
(a) Each Loan Document required to be executed on the Restatement Effective Date shall have been duly executed and delivered to Agent by each of the signatories thereto, shall be in form and substance reasonably satisfactory to Agent, and each Obligor shall be in compliance with all terms thereof. The Agent shall have received the an amendment and restatement of the Existing ABL Revolver Loan Agreement in the form of the ABL Revolver Loan Agreement, which shall be in form and substance reasonably satisfactory to the Agent, together with any other material documents, instruments and agreements to be entered by the Borrowers into in connection with such amendment.
(b) Agent shall have received acknowledgments of all filings or recordations necessary to perfect its Liens in the Collateral, as well as UCC and Lien searches and other evidence satisfactory to Agent that such Liens are the only Liens upon the Collateral, except Permitted Liens.
(c) Agent shall have received certificates, in form and substance reasonably satisfactory to it, from a knowledgeable Senior Officer of Parent (i) certifying that, after giving effect to the Restatement Effective Date, (A) the Obligors and their Subsidiaries, on a consolidated basis, are Solvent; (B) no Default or Event of Default exists; (C) the representations and warranties set forth in this Agreement and the other Loan Documents are true and correct in all material respects on and as of such date, in all material respects on and as of such date (except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations shall have been true and correct in all material respects as of such earlier date), provided that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects; and (D) each Obligor has complied with all agreements and conditions to be satisfied by it on the Restatement Effective Date under the Loan Documents to which such Obligor is a party; (ii) certifying that, either (A) to the extent not previously delivered, attaching copies of all consents, licenses and approvals required in connection with the ...
Conditions Precedent to Term Loans. The obligation of each Lender to make its Term Loan is subject to the following conditions precedent:
Conditions Precedent to Term Loans. The obligation of each Lender to make any Term Loan on the Closing Date is subject to the satisfaction or due waiver of each of the following conditions precedent:
Conditions Precedent to Term Loans. The obligation of the Bank to convert principal owed to the Bank for Unreimbursed Drawings to Term Loans shall be subject to the fulfillment of each of the following conditions precedent on the Drawing Maturity Date, in a manner satisfactory to the Bank.
(a) The following statements shall be true and correct on the Drawing Date:
(i) the representations and warranties of the City contained in each of the Program Documents and each certificate, letter, other writing or instrument delivered by the City to the Bank pursuant hereto or thereto are true and correct on and as of the Drawing Date as though made on and as of such date (except to the extent that such representations or warranties expressly relate to an earlier date and if such representations and warranties expressly relate to an earlier date, such representations and warranties shall be true and correct as of such date); and
(ii) no Default or Event of Default has occurred and is continuing or would result from converting the Unreimbursed Drawing to a Term Loan.
Conditions Precedent to Term Loans. Section 4.01 Conditions to Making of the Term Loans 52
Conditions Precedent to Term Loans and Letters of Credit), and each of which on the Effective Date will be in full force and effect and, with respect to the Collateral, filings required to perfect the Liens created by the Collateral Documents.
Conditions Precedent to Term Loans or Section
Conditions Precedent to Term Loans subject to the provisions of Section 3.3 (Determinations of Initial Borrowing Conditions);
Conditions Precedent to Term Loans. 20 SECTION 3.1. Conditions To Effectiveness........................20 SECTION 3.2.
