Conditions to All Advances. The obligation of each Lender to participate in any Advance, including the initial Advance, shall also be subject to the satisfaction of the conditions precedent that on the date of such Advance:
(a) the Administrative Agent shall have received a properly completed Disbursement Claim signed by an Authorized Officer of each of the Borrower and Ericsson and confirming the accuracy of the statements applicable to the Borrower in clause (b);
(b) each of the representations and warranties of the Borrower and each other Loan Party contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement or any other Loan Document is true and correct in all material respects immediately prior to, and after giving effect to, the making of such Advance and the application of the proceeds therefrom, as though made on and as of such date (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties relate expressly to an earlier date);
(c) no event has occurred and is continuing, or would result from making such Advance or from the application of the proceeds therefrom, that constitutes an Event of Default, Potential Event of Default or default under any other Loan Document;
(d) no change shall have occurred in any law or regulations thereunder or interpretations thereof that in the reasonable opinion of any Lender would make it illegal for such Lender to make such Advance and no order of any court or Governmental Body has been entered prohibiting the consummation of the transactions contemplated by the Loan Documents;
(e) each Lender shall have received such statements in form and substance reasonably satisfactory to such Lender as such Lender shall require for the purpose of compliance with any applicable regulations of the Comptroller of the Currency or the Board of Governors of the Federal Reserve System;
(f) the Administrative Agent shall have received such other approvals, opinions or documents as any Lender through the Administrative Agent may reasonably request;
(g) the Administrative Agent shall:
(i) have received evidence reasonably satisfactory to the Administrative Agent showing the aggregate amount of Eligible Swedish Goods and Services tha...
Conditions to All Advances. The obligation of each -------------------------- Applicable Lender to make any Advance, including its initial Advance, shall also be subject to the satisfaction of the conditions precedent that on the date of such Advance:
Conditions to All Advances. The obligation of Lenders to fund any Advance as provided herein is subject to the satisfaction of the following conditions and requirements:
(a) timely receipt by Administrative Agent of a Request For Advance (which shall be appropriately modified to Administrative Agent's satisfaction with respect to the funding of the Term Facility);
(b) immediately before and after giving effect to such Advance, no Default shall have occurred and be continuing and the making of such Advance shall not cause a Default;
(c) the representations and warranties contained in this Agreement and in the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, except that all representations and warranties that speak as of a particular date shall only be required on the date of each such Advance to be true and correct in all material respects as of the date to which such representation or warranty speaks and not as of any subsequent date; and
(d) such other information and documentation as Administrative Agent shall reasonably deem necessary or desirable in connection with the funding of such Advance.
Conditions to All Advances. The obligation of each Lender to make any Advance (including any Advance on the Closing Date but excluding any Advance requested by Hermes Agent pursuant to Section 2.3.3(C)) is subject to the satisfaction or waiver by the Lenders of each of the following on the Disbursement Date for such Advance:
Conditions to All Advances. The obligation of Lender to make any Advance to Borrower (including the initial Advance) is further subject to and contingent upon the fulfillment of each of the following conditions to the satisfaction of Lender:
(a) The fact that, immediately before and after the making of any Advance, no Event of Default or Default shall have occurred or be continuing; and
(b) The fact that the representations and warranties of Borrower contained in this Agreement shall be true and correct on and as of the date of such borrowing.
Conditions to All Advances. The obligation of Lender to make any Advance or issue any Letter of Credit is subject to the following conditions precedent:
(a) The representations and warranties of Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished at any time under or in connection herewith or therewith, will be true and correct in all material respects (or is true and correct in all respects if such representation or warranty is qualified by materiality) on and as of the date of such Advance or issuance of such Letter of Credit, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they will be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.02, the representations and warranties contained in Section 5.06 will be deemed to refer to the most recent statements furnished pursuant to Section 6.01.
(b) No Default will exist, or would result from such proposed Advance or issuance of Letter of Credit.
(c) Lender will have received a request for such Advance or issuance of Letter of Credit in accordance with the requirements hereof. Each request for Advance or issuance of Letter of Credit hereunder submitted by Borrower will be deemed to be a representation and warranty that the conditions specified in Sections 4.02(a) and (b) have been satisfied on and as of the date of the applicable Advance or Letter of Credit.
Conditions to All Advances. The obligation of Lender to make any advance of the Loan, including the first advance, is subject to the following:
(i) All representations and warranties of Borrower contained in this Agreement shall be true and correct as of the date of the advance.
(ii) No Event of Default shall exist under any of the Loan Documents, and no event shall exist which by notice, passage of time or otherwise would constitute an Event of Default under any of the Loan Documents.
(iii) The Project shall not have been materially damaged by fire or other casualty.
(iv) Lender shall have received satisfactory evidence that all work and improvements requiring inspection by any governmental authority have been inspected and approved; that the appropriate governmental authorities have accepted dedication of roads, sewers and other facilities where necessary, and all required certificates and other approvals have been duly issued.
(v) Lender shall have received and approved a survey showing the location of the foundations and footings, after they are in place.
(vi) Borrower shall provide Lender, concurrently with any advance made under this Agreement, sworn statements, waivers of lien, affidavits and acceptable assurances of payment by the general contractor, subcontractors, suppliers and/or laborers, which shall cover all work, labor and materials performed or furnished for the Project.
(vii) Lender shall have received a fully executed request for advance and such other supporting documentation as may be required by Lender.
(viii) Lender shall have received an endorsement to the title policy, indicating no adverse change in the state of title, which endorsement shall have the effect of increasing the coverage of the title policy by an amount equal to the advance then being made.
(ix) Lender shall have received satisfactory evidence that all work and improvements have been inspected and approved by Lender's appraisal staff or, if required by Lender, an inspecting architect or engineer.
(x) Lender shall have received payment of any additional fees or expenses due and owing to Lender in connection with such advance.
Conditions to All Advances. In addition to those conditions set forth in subsection 4.2 regarding the initial advance of funds, the issuance of a Lender Guaranty under the Revolving Loan and the funding of advances under the Revolving Loan shall be conditioned upon the matters set forth in this subsection 4.1:
Conditions to All Advances. These Conditions to All Advances apply to the first advance, each subsequent advance, if any, and the final advance. Each of the promises and representations Borrower makes anywhere in this Agreement shall be considered made or made again, as applicable, as of the time Lender receives a Draw Request; Borrower endorses any Loan proceeds check; and/or Borrower in any other manner authorizes Lender to make an Advance. Advances will be made only if all the following conditions are satisfied:
Conditions to All Advances. Without limitation of any other provision of this Agreement, the making of each Advance, or the withdrawal of funds previously advanced and deposited into a Construction Account under the Collateral Account Pledge Agreement, is conditioned upon fulfillment of each of the conditions set forth in this Section 2.04, subject, however, in each case, to the right of Administrative Agent to waive any one or more of such conditions in whole or in part. Collateral Agent shall make the requested Advance within five (5) Business Days after satisfaction or waiver of such conditions.
