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.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Del Frisco's Restaurant Group, Inc.), Loan Agreement (Del Frisco's Restaurant Group, Inc.)
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 information and 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.
Appears in 2 contracts
Samples: Loan Agreement (Geospace Technologies Corp), Loan Agreement (Oyo Geospace Corp)
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.. Loan Agreement 17 American Electric Technologies, Inc.
Appears in 1 contract
Samples: Loan Agreement (American Electric Technologies Inc)