Common use of Conditions to Each Borrowing Clause in Contracts

Conditions to Each Borrowing. As a condition precedent to each borrowing (including the initial borrowing) of any Loan: (i) The Borrower must furnish the Lender with, as appropriate, a notice of borrowing; (ii) each representation and warranty set forth in Paragraph 4 below shall be true and correct in all material respects as if made on the date of such borrowing; and (iii) no Default shall have occurred and be continuing on the date of such borrowing. Each notice of borrowing shall be deemed a representation and warranty by the Borrower that the conditions referred to in clauses (ii) and (iii) above have been met.

Appears in 2 contracts

Samples: Revolving Credit Facility (Piedmont Natural Gas Co Inc), Revolving Credit Facility (Piedmont Natural Gas Co Inc)

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Conditions to Each Borrowing. As a condition precedent to each borrowing (including the initial borrowing) of any Loan: (i) The Borrower must furnish the Lender with, as appropriate, a notice of borrowing; (ii) each representation and warranty set forth in Paragraph 4 3 below shall be true and correct in all material respects as if made on the date of such borrowing; and (iii) no Default shall have occurred and be continuing on the date of such borrowing. Each notice of borrowing shall be deemed a representation and warranty by the Borrower that the conditions referred to in clauses (ii) and (iii) above have been met.

Appears in 1 contract

Samples: Revolving Credit Facility (Toro Co)

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Conditions to Each Borrowing. As a condition precedent to each borrowing (including the initial borrowing) of any Loan: (i) The the Borrower must furnish the Lender with, as appropriate, a notice of borrowing; (ii) each representation and warranty set forth in Paragraph 4 below 3 shall be true and correct in all material respects as if made on the date of such borrowing; and (iii) no Default shall have occurred and be continuing on the date of such borrowing. Each notice of borrowing shall be deemed a representation and warranty by the Borrower that the conditions referred to in clauses (ii) and (iii) above have been met.

Appears in 1 contract

Samples: Revolving Credit Facility (Nautilus, Inc.)

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