CONDITIONS TO CREDIT EVENTS. The obligations of (a) the Lenders to make Loans or (b) any Issuing Bank to issue, amend, extend or renew any Revolving Letter of Credit hereunder (each of (a) and (b), a “Credit Event”) are subject to the satisfaction of the following conditions:
CONDITIONS TO CREDIT EVENTS. The obligations of the Banks to make each and every Loan, and to make each and every advance of the proceeds thereof (each of the foregoing events being called a "Credit Event") are subject to the prior or contemporaneous satisfaction of the following conditions:
CONDITIONS TO CREDIT EVENTS. The obligations of the Lenders to make Loans (a “Credit Event”) are subject to the satisfaction of the following conditions:
CONDITIONS TO CREDIT EVENTS. Section 4.01. All Credit Events 72 Section 4.02. First Credit Event 73
CONDITIONS TO CREDIT EVENTS. 31 SECTION 4.1 Credit Events................................................................... 31 SECTION 4.2 First Credit Event.............................................................. 31
CONDITIONS TO CREDIT EVENTS. 36 SECTION 4.1
CONDITIONS TO CREDIT EVENTS. 7(a) First Credit Event. As conditions precedent to the first Credit Event ------------------ hereunder:
(1) The Company shall have delivered or shall have had delivered to the Agent or the Security Agent, as applicable, in form and substance satisfactory to the Agent and its counsel, each of the following (with sufficient copies for each of the Banks):
(i) A duly executed copy of this Agreement;
(ii) A duly executed copy of each of the Replacement Notes;
(iii) From each of the Guarantors, a duly executed Amended and Restated Guaranty;
(iv) The Additional Mortgage Documents for the Xxxxx Ferry Property;
(v) An amendment to the Existing Credit Agreement in the form of that attached hereto as Exhibit C, duly executed by each of the --------- Company, the Guarantors, the Banks, the Agent, the Security Agent, Sanwa (in its capacities as a "Bank" under the Existing Credit Agreement, the Resigning Agent and the Resigning Credit Agent) and Metropolitan and evidence that the transactions contemplated thereby will be consummated and the "Effective Date" thereunder will occur concurrently with the occurrence of the Effective Date hereunder;
(vi) Certified copies of resolutions of the Board of Directors of the Company approving the execution and delivery of the Loan Documents to which the Company is party; (vii) A certificate of the Secretary or an Assistant Secretary of the Company certifying the names and true signatures of the officers of the Company authorized to sign the Loan Documents to which the Company is party;
CONDITIONS TO CREDIT EVENTS. The obligation of the Global Agent, the Swing Line Lender, the Fronting Lender or any Lender to participate in any Credit Event shall be conditioned, in the case of each such Credit Event, upon:
(a) all conditions precedent as listed in Article IV hereof shall have been satisfied;
(b) for General Revolving Loans, 364 Day Revolving Loans or the Term Loan, (i) in respect of Base Rate Loans, receipt by the Global Agent of a Notice of Loan by 11:00 A.M. (Cleveland, Ohio time) on the proposed date of borrowing or conversion, and (ii) in respect of Fixed Rate Loans, receipt by the Global Agent by 11:00 A.M. (Cleveland, Ohio time) three Business Days (or, with respect to Alternate Currency Loans, four Business Days) prior to the proposed date of borrowing, conversion or continuation. The Global Agent shall notify each Lender of the date, amount and Interest Period (if applicable) promptly upon the receipt of such notice, and, in any event, by 2:00 P.M. (Cleveland, Ohio time) on the date such notice is received. On the date such Loan is to be made, each Lender shall provide the Global Agent, not later than 3:00 P.M. (Cleveland, Ohio time), with the amount of Dollars or, if applicable, Alternate Currency required of it, in federal or other immediately available funds;
(c) for Swing Loans, receipt by the Global Agent of a Notice of Loan, such notice to be received by 11:00 A.M. (Cleveland, Ohio time) on the proposed date of borrowing;
(d) with respect to Letters of Credit, satisfaction of the notice provisions set forth in Section 2.1(a)(ii) hereof;
(e) Borrower's request for a Loan shall have been for no less than the Minimum Borrowing Amount for such Loan;
(f) the fact that no Default or Event of Default shall then exist or immediately after such Credit Event would exist; and
(g) the fact that each of the representations and warranties contained in Article VI hereof shall be true and correct with the same force and effect as if made on and as of the date of such Credit Event, except to the extent that any thereof expressly relate to an earlier date. At no time shall Borrower request that Fixed Rate Loans be outstanding for more than six different Interest Periods at any time, and, if Base Rate Loans are outstanding, then Fixed Rate Loans shall be limited to five different Interest Periods at any time. Each request by Borrower with respect to any Credit Event hereunder shall be deemed to be a representation and warranty by Borrower as of the date of such request as...
CONDITIONS TO CREDIT EVENTS. Section 4.01. All Credit Events 72 Section 4.02. Restatement Date 73 ARTICLE V AFFIRMATIVE COVENANTS Section 5.01. Existence; Businesses and Properties 75 Section 5.02. Insurance 75 Section 5.03. Taxes; Payment of Obligations 77 Section 5.04. Financial Statements, Reports, Etc 77 Section 5.05. Litigation and Other Notices 79 Section 5.06. Compliance with Laws 79
CONDITIONS TO CREDIT EVENTS. Conditions Precedent to Each Credit Event ............................... 75 Section 6.2. Representations and Warranties with Respect to Credit Events ............ 76
