Conditions to Each Advance. The agreement of Lenders to make any Advance requested to be made on any date (including the initial Advance), is subject to the satisfaction of the following conditions precedent as of the date such Advance is made:
Conditions to Each Advance. The obligations of Lender to make any Advance, including, without limitation, the Initial Advance, (or otherwise extend credit hereunder) are subject to the satisfaction, in the sole judgment of Lender, of the following additional conditions precedent:
(a) Borrower shall have delivered to Lender a Borrowing Certificate for the Advance executed by an authorized officer of Borrower, which shall constitute a representation and warranty by Borrower as of the Borrowing Date of such Advance that the conditions contained in this Section 6.2 have been satisfied; provided however, that any determination as to whether to fund Advances or extensions of credit shall be made by Lender in its Permitted Discretion;
(b) each of the representation and warranties made by Credit Parties in or pursuant to this Agreement, or under the other Loan Documents or which are contained in any certificate, document or financial or other statement furnished in connection herewith, shall be true and correct, before and after giving effect to such Advance;
(c) no Default or Event of Default shall have occurred or be continuing or would exist after giving effect to the Advance on such date;
(d) immediately after giving effect to the requested Advance, the aggregate outstanding principal amount of Advances shall not exceed the lesser of the Availability and the Facility Cap;
(e) at the time of making such requested Advance, no Material Adverse Change has occurred or is continuing; and
(f) Lender shall have received all fees, charges and expenses payable to Lender on or prior to such date pursuant to the Loan Documents.
Conditions to Each Advance. Notwithstanding any other provision of this Agreement and without affecting in any manner the rights of the Lenders hereunder, the Lenders shall not be obligated to make any Advances (including the initial Advance) unless at the time of the Advance, all of the following conditions shall, in each Lender’s sole determination, be satisfied:
(a) All of the representations and warranties of the Borrowers in all of the Loan Documents shall be true and correct on and as of the date of such Advance as though they were made on and as of such date and the Borrowers shall have performed all of their obligations contained in the Loan Documents required to be performed as of such date;
(b) The making of the Advance will not cause or constitute an Event of Default or Pre-Default Event;
(c) There shall have been no material adverse change in the financial condition of DTCG;
(d) No claim has been asserted or proceeding commenced challenging this Agreement or Lenders’ rights under this Agreement, and no claim has been asserted which if true would be a breach of a representation and warranty in the Loan Documents;
(e) No Event of Default shall have occurred and still be in existence, and no Pre-Default Event shall have occurred and still be in existence;
(f) Lenders have a first priority perfected security interest in the Collateral. None of the Collateral is subject to any Lien, except for Permitted Liens;
(g) The Inventory Advance Value Certificate and all other reports delivered by the Borrowers and the Borrowers’ records of operations have been satisfactory to the Lenders;
(h) The Borrowers shall have provided such additional information and documents as the Lenders may reasonably request; and
(i) The aggregate outstanding principal amount of the Advances shall not exceed the Inventory Advance Value.
Conditions to Each Advance. The agreement of Lenders to make or to issue or to cause to be issued any Advance or Letter of Credit requested to be made or issued on any date (including, without limitation, the initial Advance(s) or Letter(s) of Credit), is subject to the satisfaction of the following conditions precedent as of the date such Advance or Letter of Credit is made or issued:
Conditions to Each Advance. Notwithstanding any other provision of this Agreement and without affecting in any manner the rights of Lender hereunder, Lender shall not be obligated to make any Advances (including the initial Advance) unless at the time of the Advance, all of the following conditions shall, in Lender's sole determinations, be satisfied:
(A) For each Eligible Contract, Borrower shall have included the Eligible Contract on a List of Contracts delivered to Lender and shall have delivered to Lender the Contract Delivery Documents; except that, if a Certificate of Title has not been issued and Borrower has provided Lender with proof acceptable to Lender that a Certificate of Title has been applied for, or in the case of Bulk Purchase Contract will be applied for, then the Certificate of Title must be, at the Lender's option, either delivered to the Lender or in the Borrower's possession within one hundred and twenty (120) days of the title application date and if a Bulk Purchase Contract, one hundred and eighty (180) days from the date of purchase by Borrower. Certificates of Title relating to Eligible Contracts serviced by Third Party Servicers need not reflect the security interest of Borrower. However, With respect to Eligible Contracts serviced by Third Party Servicers, the Borrower shall have been appointed as Third Party Servicer's attorney-in-fact and shall be permitted, under the applicable agreement with the dealer, to take all actions necessary to reflect Borrower's first priority security interest.
(B) All of the representations and warranties of Borrower in all of the Loan Documents shall be true and correct on and as of the date of such Advance as though they were made on and as of such date and Borrower shall have performed all of its obligations contained in the Loan Documents required to be performed as of such date; (C) No event shall have occurred and be continuing which would constitute an Event of Default or Pre-Default Event, nor would the making of the Advance constitute an Event of Default or Pre-Default Event; (D) There shall have been no material adverse change in the financial condition of Borrower or any of the Guarantors, after the Closing Date; (E) No claim has been asserted or proceeding commenced challenging this Agreement or Lender's rights under this Agreement, and no claim has been asserted which if true would be a breach of a representation and warranty in the Loan Documents; (F) No Event of Default shall have occurred, and no Pre-Default ...
Conditions to Each Advance. The obligation of the Lender to honor any request for an Advance is subject to the satisfaction or waiver of the following conditions precedent as of the date of such Advance:
Conditions to Each Advance. Unless waived in writing by Requisite Lenders, the obligation of any Lender to make any Advance (including the initial Advance) is subject to the satisfaction of the following further conditions precedent:
Conditions to Each Advance. The agreement of Lender to make any Advance requested to be made on any date (including, without limitation, the Initial Advance), is subject to the satisfaction of the following conditions precedent as of the date such Advance is made: (a)
Conditions to Each Advance. CoBank’s obligation under each Supplement to make any Loan or advance to the Borrower thereunder is subject to the further conditions set forth in such Supplement and the following conditions precedent:
Conditions to Each Advance. The agreement of Lender to make any Advance is subject to the satisfaction of the following conditions precedent as of the date such Advance is made:
