Common use of CONDITIONS TO ALL REVOLVING LOANS Clause in Contracts

CONDITIONS TO ALL REVOLVING LOANS. The obligation of the Lenders to make any Revolving Loan under this Agreement is subject to the fulfillment to the satisfaction of the Agent immediately prior to or contemporaneously with such Revolving Loan of each of the following conditions: 4.2.1 The representations and warranties contained in this Agreement or otherwise made in writing by or on behalf of the Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall be true and correct in all material respects at the time of each such Revolving Loan (except for representations and warranties limited as to time or with respect to a specific event, which representations and warranties shall continue to be limited to such time or event) with and without giving effect to the Revolving Loans to be made at such time and the application of the proceeds thereof. The Agent may without waiving this condition consider it fulfilled, and a representation by each of the Borrowers to such effect made, if no written notice to the contrary, dated the date of such Revolving Loan, is received from the Borrowers. In the event that the Borrowers submit a written notice as contemplated by the preceding sentence, the conditions set forth in this Section 4.2.1 will be considered fulfilled if such notice specifies in reasonable detail the exceptions to the representations and warranties as of the date of such Revolving Loan, the exceptions as stated in such notice are satisfactory to the Agent and the Agent so notifies the Borrowers. 4.2.2 At the time of each such Revolving Loan: (a) the Borrowers shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at such time; (b) no condition or event that constitutes an Event of Default or that, after notice or lapse of time or both, would constitute an Event of Default shall have occurred and be continuing; and (c) there shall have been no material adverse change in the condition (financial or otherwise), business or properties of any of the Borrowers since December 31, 1996.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Allou Health & Beauty Care Inc)

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CONDITIONS TO ALL REVOLVING LOANS. The obligation of the Lenders to make any Revolving Loan under this Agreement is subject to the fulfillment to the satisfaction of the Agent immediately prior to or contemporaneously with such Revolving Loan of each of the following conditions: 4.2.1 The representations and warranties contained in this Agreement or otherwise made in writing by or on behalf of the Borrowers pursuant hereto or in connection with the transactions contemplated hereby shall be true and correct in all material respects at the time of each such Revolving Loan (except for representations and warranties limited as to time or with respect to a specific event, which representations and warranties shall continue to be limited to such time or event) with and without giving effect to the Revolving Loans to be made at such time and the application of the proceeds thereof. The Agent may without waiving this condition consider it fulfilled, and a representation by each of the Borrowers to such effect made, if no written notice to the contrary, dated the date of such Revolving Loan, is received from the Borrowers. In the event that the Borrowers submit a written notice as contemplated by the preceding sentence, the conditions set forth in this Section 4.2.1 will be considered fulfilled if such notice specifies in reasonable detail the exceptions to the representations and warranties as of the date of such Revolving Loan, the exceptions as stated in such notice are satisfactory to the Agent and the Agent so notifies the Borrowers. 4.2.2 At the time of each such Revolving Loan: (a) the Borrowers shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at such time; (b) no condition or event that constitutes an Event of Default or that, after notice or lapse of time or both, would constitute an Event of Default shall have occurred and be continuing; and (c) there shall have been no material adverse change in the condition (financial or otherwise), business or properties of any of the Borrowers since December 31June 30, 19961999.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Allou Health & Beauty Care Inc)

CONDITIONS TO ALL REVOLVING LOANS. The obligation obligations of the Lenders Banks to make any Revolving Loan under this Agreement is shall be subject to the fulfillment to the satisfaction of the Agent immediately satisfaction, prior to thereto or contemporaneously with such Revolving Loan concurrently therewith, of each of the following conditionsconditions precedent: 4.2.1 The representations and warranties contained in this Agreement or otherwise made in writing by or on behalf of the Borrowers or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall be true and correct in all material respects at the time of each such Revolving Loan (except for representations and warranties limited as to time or with respect to a specific event, which representations and warranties shall continue to be limited to such time or event) with and without giving effect to the Revolving Loans to be made at such time and the application of the proceeds thereof. The Agent and the Banks may without waiving this condition consider it fulfilled, and a representation by each of the Borrowers to such effect made, if no written notice to the contrary, dated the date of such Revolving Loan, is received from the Borrowers. In the event that the Borrowers submit a written notice as contemplated by the preceding sentence, the conditions set forth in this Section 4.2.1 will be considered fulfilled if such notice specifies in reasonable detail the exceptions to the representations and warranties as of the date of such Revolving Loan, the exceptions as stated in such notice are satisfactory to the Agent and the Banks and the Agent so notifies the Borrowers. 4.2.2 At the time of each such Revolving Loan: (a) the Borrowers shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at such time; (b) no condition or event that constitutes an Event of Default or that, after notice or lapse of time or both, would constitute an Event of Default shall have occurred and be continuing; and (c) there shall have been no material adverse change in the condition (financial or otherwise), business or properties of any of the Borrowers since December 31, 1996.

Appears in 1 contract

Samples: Revolving Credit Agreement (Courier Corp)

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CONDITIONS TO ALL REVOLVING LOANS. The obligation obligations of the Lenders Bank to make any Revolving Loan under this Agreement is Loans on each Funding Date are subject to the fulfillment to following further conditions precedent: A. Bank shall have received before that Funding Date, in accordance with the satisfaction provisions of subsection 2.1 B, an originally executed Notice of Borrowing, in each case signed by the chief executive officer, the chief financial officer or the treasurer of Company or by any executive officer of Company designated by any of the Agent immediately prior above described officers on behalf of Company in a writing delivered to or contemporaneously with such Revolving Loan Bank. B. As of each of the following conditionsthat Funding Date: 4.2.1 (i) The representations and warranties contained herein and in this Agreement or otherwise made in writing by or on behalf of the Borrowers pursuant hereto or in connection with the transactions contemplated hereby other Loan Documents shall be true true, correct and correct complete in all material respects at on and as of that Funding Date to the time same extent as though made on and as of each that date, except to the extent such Revolving Loan (except for representations and warranties limited as specifically relate to time or with respect to a specific eventan earlier date, in which case such representations and warranties shall continue to be limited to such time or event) with have been true, correct and without giving effect to the Revolving Loans to be made at such time and the application of the proceeds thereof. The Agent may without waiving this condition consider it fulfilled, and a representation by each of the Borrowers to such effect made, if no written notice to the contrary, dated the date of such Revolving Loan, is received from the Borrowers. In the event that the Borrowers submit a written notice as contemplated by the preceding sentence, the conditions set forth in this Section 4.2.1 will be considered fulfilled if such notice specifies in reasonable detail the exceptions to the representations and warranties as of the date of such Revolving Loan, the exceptions as stated in such notice are satisfactory to the Agent and the Agent so notifies the Borrowers. 4.2.2 At the time of each such Revolving Loan: (a) the Borrowers shall have performed and complied complete in all material respects with all agreements on and conditions contained in this Agreement required to be performed or complied with by it prior to or at as of such timeearlier date; (bii) no condition No event shall have occurred and be continuing or event would result from the consummation of the borrowing contemplated by such Notice of Borrowing that constitutes an Event of Default or that, after notice or lapse of time or both, would constitute an Event of Default or a Potential Event of Default; (iii) Each Loan Party shall have occurred performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be continuingperformed or satisfied by it on or before that Funding Date; (iv) No order, judgment or decree of any court, arbitrator or governmental authority shall purport to enjoin or restrain Bank from making the Revolving Loan on that Funding Date; (v) The making of the Revolving Loan requested on such Funding Date shall not violate any law including, without limitation, Regulation G, Regulation T, Regulation U or Regulation X of the Board of Governors of the Federal Reserve System; and (cvi) there There shall have been no material adverse change in not be pending or, to the condition (financial or otherwise)knowledge of Company, business or properties of threatened, any of the Borrowers since December 31action, 1996.suit, proceeding, governmental investigation or

Appears in 1 contract

Samples: Credit Agreement (Bell Industries Inc /New/)

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