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Common use of Conditions to All Extensions of Credit Clause in Contracts

Conditions to All Extensions of Credit. In addition to any applicable conditions precedent set forth in Section 2, the obligation of each Lender to honor any Request for Extension of Credit (including the initial Extension of Credit, but other than a Conversion or Continuation) is subject to the following conditions precedent: (a) The conditions precedent set forth in Section 4.01 of this Agreement shall have been satisfied as of the Effective Date. (b) The representations and warranties of Borrower contained in Section 5 (other than Sections 5.04(b) and 5.05) of this Agreement shall be correct in all material respects on and as of the date of such Extension of Credit as if made on and as of such date, except to the extent any such representation and warranty specifically relates to any earlier date, in which case such representation and warranty shall have been correct on and as of such earlier date. (c) No Default or Event of Default exists, or would result from such Extension of Credit or the use thereof. (d) Administrative Agent shall have timely received a Request for Extension of Credit by Requisite Notice by the Requisite Time therefor. (e) Such Extension of Credit shall be permitted by applicable Laws. Each Request for Extension of Credit by a Co-Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(b) and (c) have been satisfied on and as of the date of such Extension of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Comcast Corp), Credit Agreement (Comcast Corp)

Conditions to All Extensions of Credit. In addition to any applicable conditions precedent set forth elsewhere in this Section 4 or in Section 2, the obligation of each Lender to honor any Request for Extension of Credit (including the initial Extension of Credit, but other than a Conversion or Continuation) Continuation is subject to the following conditions precedent: (a) The conditions precedent set forth in Section 4.01 of this Agreement shall have been satisfied as of the Effective Date. (b) The representations and warranties of Borrower contained in Section 5 (other than Sections 5.04(b) and 5.05) of this Agreement shall be correct in all material respects on and as of the date of such Extension of Credit as if made on and as of such dateCredit, except to the extent any that such representation representations and warranty warranties specifically relates refer to any an earlier date, in which case such representation and warranty shall have been correct on and as of such earlier date.; (cb) No Default or Event of Default exists, or would result from such proposed Extension of Credit and there has been no event or circumstance since the use thereof.date of the Audited Financial Statements which has or could reasonably be expected to have a Material Adverse Effect; (dc) Administrative Agent shall have timely received a Request for Extension of Credit by Requisite Notice by the Requisite Time therefor.; and (ed) Such Extension of Credit Administrative Agent shall be permitted by applicable Lawshave received, in form and substance satisfactory to it, such other assurances, certificates, documents or consents related to the foregoing as Administrative Agent or Requisite Lenders reasonably may require. Each Request for Extension of Credit by a Co-Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(b4.02(a) and (cb) have been satisfied on and as of the date of such Extension of Credit.

Appears in 2 contracts

Samples: Term Loan Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)

Conditions to All Extensions of Credit. In addition to any applicable conditions precedent set forth in Section 2, the The obligation of each Lender to honor any Request for Extension of Credit (including other than the initial Extension Extensions of Credit, but Credit made on the Effective Date and other than a Conversion or Continuation) is subject to the following conditions precedent: (a) The conditions precedent set forth in Section Sections 4.01 and 4.02 of this Agreement shall have been satisfied or waived as of the Initial Effective Date and the Effective Date, respectively. (b) The representations and warranties of the Borrower contained in Section 5 (other than Sections 5.04(b) and 5.05) of this Agreement shall be true and correct in all material respects on and as of the date of such Extension of Credit as if made on and as of such date, except to the extent any such representation and warranty specifically relates to any earlier date, in which case such representation and warranty shall have been correct in all material respects on and as of such earlier date. (c) No Default or Event of Default exists, or would result from such Extension of Credit or the use thereof. (d) The Administrative Agent shall have timely received a Request for Extension of Credit by Requisite Notice by the Requisite Time therefor. (e) Such Extension of Credit shall be permitted by applicable Laws. Each Request for Extension of Credit by a Co-the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(b) and (c) this Section 4.03 have been satisfied on and as of the date of such Extension of Credit.

Appears in 2 contracts

Samples: Credit Agreement (NBCUniversal Media, LLC), Credit Agreement (General Electric Co)

Conditions to All Extensions of Credit. In addition to any applicable conditions precedent set forth elsewhere in this Section 4 or in Section 2, the obligation of each Lender Bank to honor any Request for Extension of Credit (including the initial Extension of Credit, but other than a Conversion or Continuation) Continuation is subject to the following conditions precedent: (a) The conditions precedent set forth in Section 4.01 of this Agreement shall have been satisfied as of the Effective Date. (b) The representations and warranties of Borrower contained in Section 5 (5, or which are contained in any certificate, document or financial or other than Sections 5.04(b) and 5.05) of this Agreement statement furnished at any time under or in connection herewith or therewith, shall be correct in all material respects on and as of the date of such Extension of Credit as if made on and as of such dateCredit, except to the extent any that such representation representations and warranty warranties specifically relates refer to any an earlier date, in which case such representation and warranty shall have been correct on and as of such earlier date.; (cb) No no Default or Event of Default exists, or would result from such proposed Extension of Credit or the use thereof.Credit; (dc) Administrative Agent shall have timely received a Request for Extension of Credit by Requisite Notice by the Requisite Time therefor.; (d) Agent and each Bank shall have received a Borrowing Base Certificate dated as of the date of such Extension of Credit demonstrating that, after giving effect to such Extension of Credit, the outstanding principal amount of Revolving Credit Loans and Letter of Credit Usage will not exceed the Borrowing Base; and (e) Such Extension of Credit Agent shall be permitted by applicable Lawshave received, in form and substance satisfactory to it, such other assurances, certificates, documents or consents related to the foregoing as Agent or Requisite Banks reasonably may require. Each Request for Extension of Credit by a Co-Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(b4.02(a) and (cb) have been satisfied on and as of the date of such Extension of Credit.

Appears in 1 contract

Samples: Loan Agreement (Petroleum Helicopters Inc)

Conditions to All Extensions of Credit. In addition to any applicable conditions precedent set forth elsewhere in this Section 4 or in Section 2, the obligation of each Lender to honor any Request for Extension of Credit (including the initial Extension of Credit, but other than a Conversion or Continuation) is subject to the following conditions precedent: (a) The conditions precedent set forth in Section 4.01 of this Agreement shall have been satisfied as of the Effective Date. (b) The representations and warranties of Borrower contained in Section 5 (5, or which are contained in any certificate, document or financial or other than Sections 5.04(b) and 5.05) of this Agreement statement furnished at any time under or in connection herewith or therewith, shall be correct in all material respects on and as of the date of such Extension of Credit as if made on and as of such dateCredit, except to the extent any that such representation representations and warranty warranties specifically relates refer to any earlier date, in which case such representation and warranty shall have been correct on and as of such earlier date. (cb) No no Default or Event of Default exists, or would result from such proposed Extension of Credit or the use thereofCredit. (dc) Administrative Agent Lender shall have timely received a Request for Extension of Credit by Requisite Notice by the Requisite Time therefor. (ed) Such Extension of Credit Lender shall be permitted by applicable Lawshave received, in form and substance satisfactory to it, such other assurances, certificates, documents or consents related to the foregoing as Lender reasonably may require. Each Request for Extension of Credit by a Co-Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(b4.02(a) and (cb) have been satisfied on and as of the date of such Extension of Credit.

Appears in 1 contract

Samples: Credit Agreement (Broadcom Corp)

Conditions to All Extensions of Credit. In addition to any applicable the continuing satisfaction of the conditions precedent set forth elsewhere in this Section 4 or in Section 2, the obligation of each Lender to honor any Request for Extension of Credit (including the initial Extension of Credit, but other than a Conversion or Continuation) is subject to the following conditions precedent: (a) The conditions precedent set forth in Section 4.01 of this Agreement shall have been satisfied as of the Effective Date. (b) The representations and warranties of Borrower contained in Section 5 (this Agreement, or which are contained in any certificate, document or financial or other than Sections 5.04(b) and 5.05) of this Agreement statement furnished at any time under or in connection herewith or therewith, shall be correct in all material respects on and as of the date of such Extension of Credit as if made on and as of such dateCredit, except to the extent any that such representation representations and warranty warranties specifically relates refer to any earlier date, in which case such representation and warranty shall have been correct on and as of such earlier date. (cb) No no Default or Event of Default exists, or would result from such proposed Extension of Credit or the use thereofCredit. (dc) Administrative Agent Lender shall have timely received a Request for Extension of Credit by Requisite Notice by the Requisite Time therefor. (ed) Such Extension of Credit Lender shall be permitted by applicable Lawshave received, in form and substance satisfactory to it, such other assurances, certificates, documents or consents related to the foregoing as Lender reasonably may require. Each Request for Extension of Credit by a Co-Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(b4.2(a) and (cb) have been satisfied on and as of the date of such Extension of Credit.

Appears in 1 contract

Samples: Credit Agreement (Pope Resources LTD Partnership)

Conditions to All Extensions of Credit. In addition to any applicable conditions precedent set forth in Section 2, the The obligation of the Lenders to make (but not Continue or Convert) Advances on the occasion of each Lender to honor any Request for Extension of Credit (Borrowing, including the initial first Extension of Credit, but other than a Conversion or Continuation) is subject to the satisfaction of the following conditions precedentconditions: (a) The conditions precedent set forth in Section 4.01 of this Agreement the Administrative Agent shall have been satisfied as received a Notice of the Effective Date.Borrowing; (b) The all representations and warranties of the Borrower contained in Section 5 (other than Sections 5.04(b) and 5.05) of this Agreement Article IV shall be correct true in all material respects as if made on and as of the date of such Extension of Credit as if made on and as of such date, except (other than with respect to the extent any such representation and warranty specifically that expressly relates to any an earlier date, in which case such representation and warranty shall have been correct on and be true in all material respects as of such earlier date., and except for any representation and warranty that is qualified by materiality or reference to Material Adverse Change, in which case such representation and warranty shall be true in all respects as of such earlier date); (c) No immediately prior to and immediately after such Extension of Credit, no Default or Event of Default exists, or would result from such Extension of Credit or the use thereof.under this Agreement shall have occurred and be continuing; and (d) Administrative Agent shall have timely received a Request for immediately after such Extension of Credit, the Outstanding Credits will not exceed the aggregate Commitment. The making of each Extension of Credit by Requisite Notice by the Requisite Time therefor. (eother than any Conversion or Continuation of an Advance) Such Extension of Credit shall be permitted by applicable Laws. Each Request for Extension of Credit by a Co-Borrower shall be deemed to be a representation and warranty that by the conditions specified in Sections 4.02(b) and (c) have been satisfied Borrower on and as of the date of such Extension of CreditCredit that the conditions specified in paragraphs (b), (c) and (d) above have been satisfied.

Appears in 1 contract

Samples: Term Loan Credit Agreement (American Water Works Company, Inc.)