Common use of Conditions to All Advances Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit Agreement (Amresco Inc), Credit Agreement (Amresco Inc)

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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.

Appears in 1 contract

Samples: Loan Agreement (Amresco Inc)

Conditions to All Advances. The obligation of Lenders each Lender to fund any Advance as provided herein (including, without limitation, its initial Advance) 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)Advance; (b) no Material Adverse Change shall have occurred and be continuing; (c) immediately before and after giving effect to such AdvanceAdvance and the application of the proceeds thereof, no Default shall have occurred and be continuing and the making of such Advance shall not cause a Defaultexist; (cd) 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 (de) if such Advance is to be made to enable Borrower to acquire an Acquired Business, such other information and documentation as Administrative Agent shall reasonably deem necessary or desirable in connection with the funding of such Advanceis required pursuant to SECTIONS 2.5 and 2.6 .

Appears in 1 contract

Samples: Revolving Loan Agreement (American Residential Services Inc)

Conditions to All Advances. The obligation of Lenders to fund any Advance (including the funding of the Term Facility) 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.

Appears in 1 contract

Samples: Loan Agreement (Amresco Inc)

Conditions to All Advances. The obligation of Lenders to -------------------------- fund any Advance as provided herein is subject to the satisfaction by Borrowers 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 or, with respect to the funding of the Term Facility);a Draft Advance, a Draft and accompanying supporting documentation satisfactory to NationsBank, each in accordance with Section 2.2; ----------- (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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Travis Boats & Motors Inc)

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Conditions to All Advances. The obligation of the 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 Borrowing Notice (which shall be appropriately modified to Administrative Agent's satisfaction with respect to the initial funding of the Term FacilityLoan Facilities); (b) immediately before and after giving effect to such Advance, no Default or Event of Default shall have occurred and be continuing continuing, and the making of such Advance shall not cause a Default or an Event of Default; (c) each of 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 any representation or warranty that speak speaks 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; (d) all legal matters incident to the making of the Advance shall be satisfactory to Administrative Agent and its counsel; and (de) receipt by Administrative Agent of such other information and documentation as Administrative Agent shall reasonably deem necessary necessary, advisable or desirable in connection with the funding of such Advance.

Appears in 1 contract

Samples: Credit Agreement (Amresco Inc)

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 an Advance Request For in the case of an Advance (which shall be appropriately modified to Administrative Agent's satisfaction with respect to under the funding of the Term Facility)Notes; (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.

Appears in 1 contract

Samples: Credit Agreement (Camden Property Trust)

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