Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 49 contracts
Samples: Credit Agreement (Emergent BioSolutions Inc.), Credit Agreement (Hudson Technologies Inc /Ny), Forbearance Agreement and Amendment (Salem Media Group, Inc. /De/)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 44 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (LiveVox Holdings, Inc.), Credit Agreement (Unifi Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 43 contracts
Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Dialogic Inc.), Credit Agreement (Servicesource International LLC)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 35 contracts
Samples: Credit Agreement (Delta Apparel, Inc), Credit Agreement, Credit Agreement (PROS Holdings, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 22 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 20 contracts
Samples: Credit Agreement (VOXX International Corp), Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (VOXX International Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 17 contracts
Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC), Credit Agreement (Oclaro, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).Exhibit B.
Appears in 12 contracts
Samples: Credit and Security Agreement (Differential Brands Group Inc.), Credit and Security Agreement (Orion Energy Systems, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Term Loan Lender to make the initial extensions its extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Term Loan Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)3.1.
Appears in 6 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions additional extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).Exhibit B.
Appears in 3 contracts
Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to continue the financing arrangements under the Existing Credit Agreement and to make the initial extensions of credit provided for hereunder is was subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 3.1. Such conditions precedent were fulfilled to this Agreement (the making satisfaction of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of Agent on the conditions precedent)Restatement Effective Date.
Appears in 3 contracts
Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions of credit provided for hereunder Term Loan is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)3.1.
Appears in 3 contracts
Samples: Credit Agreement (Nuverra Environmental Solutions, Inc.), Bridge Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.), Second Lien Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent, each Co-Collateral Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 3 contracts
Samples: Debtor in Possession Credit Agreement (School Specialty Inc), Debtor in Possession Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)3.1.
Appears in 3 contracts
Samples: Term Loan Agreement (Colt Defense LLC), Credit Agreement (Colt Finance Corp.), Credit Agreement (Colt Defense LLC)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent, Revolving Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 3 contracts
Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/), Term Loan Agreement (Comtech Telecommunications Corp /De/)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, or to the waiver pursuant to Section 14.1, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 3 contracts
Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of each Lender and Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)3.1.
Appears in 3 contracts
Samples: Term Loan Agreement (Colt Finance Corp.), Credit Agreement (Colt Defense LLC), Term Loan Agreement (Colt Finance Corp.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Administrative Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 3 contracts
Samples: Second Lien Credit Agreement (Ascendia Brands, Inc.), Credit Agreement (Transtechnology Corp), Credit Agreement (Transtechnology Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and and, except as otherwise provided on Schedule 3.1, each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Stream Global Services, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to continue the financing arrangements under the Existing Credit Agreement make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)3.1.
Appears in 2 contracts
Samples: Credit Agreement (Vector Group LTD), Credit Agreement (Vector Group LTD)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions of credit Revolving Loans provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit Revolving Loans by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 2 contracts
Samples: Credit Agreement (Nevada Gold & Casinos Inc), Credit Agreement (Nevada Gold & Casinos Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement 3.1, (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Servicesource International LLC)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Cross Country Healthcare Inc), Term Loan Credit Agreement (Cross Country Healthcare Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Administrative Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 2 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 2 contracts
Samples: Credit Agreement (Foothills Resources Inc), Credit Agreement (Storm Cat Energy CORP)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder on the Closing Date, is subject to the fulfillment, to the reasonable satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule SCHEDULE 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (WHX Corp), Credit Agreement (Primedex Health Systems Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Neophotonics Corp), Credit Agreement (Northwest Pipe Co)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1. Agent, each Lender, and Borrower each acknowledges and agrees that the requirements set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Jda Software Group Inc), Credit Agreement (Jda Software Group Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement the Disclosure Letter (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (INFINERA Corp), Credit Agreement (INFINERA Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender (including the Issuing Lender) to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the reasonable satisfaction of Administrative Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Watsco Inc), Credit Agreement (Watsco Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the reasonable satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (CVR Energy Inc), Credit Agreement (CVR Partners, Lp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (CDC Software CORP), Credit Agreement (Westwood One Inc /De/)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent, each Co-Collateral Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of each Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (American Reprographics CO)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions Extension of credit Credit provided for hereunder is subject to the fulfillment, to the satisfaction of (or waiver by Agent and each Lender, the Require Lenders) of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its the satisfaction or waiver of the conditions precedentprecedent ).
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder on the Closing Date is subject to the fulfillmentfulfillment or waiver, to the satisfaction of Agent and each LenderAgent, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (Golden Nugget Online Gaming, Inc.), Credit Agreement (Golden Nugget Online Gaming, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder on the Closing Date, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to (the execution and delivery of this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the such conditions precedent).
Appears in 2 contracts
Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillmentfulfillment or waiver, to the satisfaction of Agent and each Lender, of the Co-Syndication Agents of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 2 contracts
Samples: Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Landrys Restaurants Inc)
Conditions Precedent to the Initial Extension of Credit. The effectiveness of this Agreement and the obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is are each subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each the Lender to make the initial extensions of Loan (or otherwise to extend any credit provided for hereunder hereunder), is subject to the fulfillment, to the satisfaction of Agent and each the Lender, or waiver by the Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)in Section 3.2 and in Exhibit C attached hereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Quest Minerals & Mining Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1. Agent, each Lender and each Borrower acknowledge and agree that the requirements set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver have been satisfied as of the conditions precedent)Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Silicon Graphics International Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the reasonable satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its reasonable satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit hereunder by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Power Solutions International, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder as of the Closing Date is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).satisfaction
Appears in 1 contract
Samples: Credit Agreement (EGAIN Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillmentfulfillment (or written waiver by any such Lender), to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Samples: Credit Agreement (Actuate Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Samples: Credit Agreement (Digirad Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder hereunder, including without limitation the obligation of Initial Term Lender to make the Term Loan, is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).. 074658.16087/126128822v.10
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The Subject to Section 3.6, the obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 (the delivery to Agent of an executed signature page to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction with, or waiver of of, the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Polyone Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject solely to the fulfillment, to the waiver by Agent or satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Intapp, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to (the execution and delivery of this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Stock Building Supply Holdings, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit on the Closing Date provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Administrative Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Abl Credit Agreement (Cross Country Healthcare Inc)
Conditions Precedent to the Initial Extension of Credit. <Subject to Section 3.6, the>The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 (the delivery to Agent of an executed signature page to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction with, or waiver of of, the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Polyone Corp)
Conditions Precedent to the Initial Extension of Credit. The Subject to Section 3.6, the obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Polyone Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of in accordance with such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)Schedule 3.1.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Enesco Group Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender the Lenders to make the initial extensions of credit provided for hereunder Loans, or make available the initial Credit Accommodations, whichever occurs first, is subject to the fulfillmentfulfillment (or waiver), to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Loan and Security Agreement (Titan Global Holdings, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent the Agents and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent). Each Lender with a Commitment as specified on Schedule C shall have executed and delivered this Agreement confirming its Commitment as specified on such schedule.
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent, unless expressly stated otherwise herein or by separate agreement).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each fulfillment of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)3.1.
Appears in 1 contract
Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent Agent, Security Trustee and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Samples: Credit Agreement (Skechers Usa Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction (or waiver) of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Syndicated Facility Agreement (Cliffs Natural Resources Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (Exhibit B. The parties acknowledge and agree that as of the making Closing Date certain of such initial extensions conditions (including items (vi) and (vii) of Exhibit B) have not been satisfied and that Lender has no obligation to make any Advances (or to extend any other credit by a Lender being conclusively deemed to be its satisfaction or waiver of the hereunder) until such conditions precedent)are satisfied in Lender’s sole and absolute discretion.
Appears in 1 contract
Samples: Credit and Security Agreement (Integrated Electrical Services Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Administrative Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to continue the financing arrangements under the Existing Credit Agreement and to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 3.1. Such conditions precedent were fulfilled to this Agreement (the making satisfaction of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of Agent on the conditions precedent)Restatement Effective Date.
Appears in 1 contract
Samples: Credit Agreement (Vector Group LTD)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial available extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each LenderLender (or written waiver in accordance with Section 14.1), of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making occurrence of such initial extensions of credit by a Lender the Closing Date being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the reasonable satisfaction of each Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its reasonable satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder on and after the Closing Date, is subject to the fulfillment, to the reasonable satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 on or prior to this Agreement the Closing Date (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the such conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the such conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 126471205_8
3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, or to the waiver pursuant to Section 14.1, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Revolving Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Revolving Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Revolving Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder or to the conversion of the Existing Term Loan into the Term Loan or the Existing Advances into Advances, is subject to the fulfillmentfulfillment or waiver, to the satisfaction of Agent and each Lender, of the Co-Syndication Agents of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder hereunder, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule SCHEDULE 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).on
Appears in 1 contract
Samples: Credit Agreement (Nautilus, Inc.)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the its initial extensions extension of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lenderthe Lenders, of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedentprecedent ).
Appears in 1 contract
Samples: Credit Agreement (Tronox Inc)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, or waiver of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract
Samples: Credit Agreement (Accuride Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions of credit provided for hereunder is subject to the fulfillment, to the satisfaction of Agent and each Lender, fulfillment of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent)Agreement.
Appears in 1 contract
Samples: Credit Agreement (AerSale Corp)
Conditions Precedent to the Initial Extension of Credit. The obligation of each Lender to make the initial extensions its extension of credit provided for hereunder on the Closing Date, is subject to the fulfillment, to the satisfaction of Agent and each Lender, Lender of each of the conditions precedent set forth on Schedule 3.1 to this Agreement (the making of such initial extensions extension of credit by a Lender being conclusively deemed to be its satisfaction or waiver of the conditions precedent).
Appears in 1 contract