Conditions to Each Credit Event. The obligation of each Lender to make a Loan on the occasion of any Borrowing and of each Issuing Bank to issue, amend, renew or extend any Letter of Credit is subject to the satisfaction of the following conditions: (a) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall exist; (b) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, all representations and warranties of each Loan Party set forth in the Loan Documents shall be true and correct in all material respects (other than those representations and warranties that are expressly qualified by “Material Adverse Effect” or other materiality, which representations and warranties shall be true and correct in all respects); (c) subject to the Incurrence Test Exception, the Borrower shall be in compliance with the Incurrence Test; and (d) the Borrower shall have delivered the required Notice of Borrowing. Each Borrowing and each issuance, amendment, renewal or extension of any Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in subsections (a), (b) and (c) of this Section.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Landmark Infrastructure Partners LP), Credit Agreement (Landmark Infrastructure Partners LP)
Conditions to Each Credit Event. The obligation of each Lender to make a Loan on the occasion of any Borrowing Loan, and of each Issuing Bank to issue, amend, renew or extend any Letter of Credit Credit, is additionally subject to the satisfaction of the following conditions:
(a) delivery to the Administrative Agent of a Borrowing Request in accordance with Section 2.03;
(b) the representations and warranties of the Obligors set forth in this Agreement (other than Section 4.04(b) and Section 4.06(a)), and of each Credit Party in each of the other Loan Documents to which it is a party, shall be true and correct in all material respects on and as of the date of such Loan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; and
(c) at the time of and immediately after giving effect to such Borrowing Loan or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall exist;
(b) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, all representations and warranties of each Loan Party set forth in the Loan Documents shall be true and correct in all material respects (other than those representations and warranties that are expressly qualified by “Material Adverse Effect” or other materiality, which representations and warranties shall be true and correct in all respects);
(c) subject to the Incurrence Test Exception, the Borrower shall be in compliance with the Incurrence Test; and
(d) the Borrower shall have delivered the required Notice of Borrowingoccurred and be continuing. Each Borrowing and each issuance, amendment, renewal or extension of any a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower Obligors on the date thereof as to the matters specified in subsections (a), clauses (b) and (c) of this Sectionthe preceding sentence.
Appears in 3 contracts
Samples: Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.), Credit Agreement (Carlyle Group L.P.)
Conditions to Each Credit Event. The obligation of each Lender to make a Loan Loans on the occasion of any Borrowing Borrowing, and of each Issuing Bank to issue, amend, renew or extend any Letter of Credit is Credit, are subject to the satisfaction of the following conditions:
(a) at the time representations and warranties set forth in this Agreement shall be true and correct (i) in the case of the representations and immediately after giving effect warranties qualified as to materiality, in all respects and (ii) otherwise, in all material respects, in each case on and as of the date of such Borrowing or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event except with respect to representations and warranties expressly made only as of Default shall existan earlier date, in which case such representations and warranties were so true and correct on and as of such earlier date;
(b) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, all representations no Default shall have occurred and warranties of each Loan Party set forth in the Loan Documents shall be true and correct in all material respects (other than those representations and warranties that are expressly qualified by “Material Adverse Effect” or other materiality, which representations and warranties shall be true and correct in all respects);continuing; and
(c) subject receipt by the Agent of a Borrowing Request in accordance with Section 2.03, or, in the case of the issuance, amendment, extension or renewal of a Letter of Credit, receipt by the relevant Issuing Bank and Agent of a notice requesting the issuance, amendment, extension or renewal of such Letter of Credit to the Incurrence Test Exception, the Borrower shall be in compliance with the Incurrence Test; and
(d) the Borrower shall have delivered the extent required Notice of Borrowingby Section 2.04(b). Each Borrowing and each issuance, amendment, renewal or extension of any Letter of Credit Credit, shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in subsections paragraphs (a), (b) and (cb) of this Section.
Appears in 3 contracts
Samples: Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (OM Asset Management PLC), Revolving Credit Agreement (OM Asset Management PLC)
Conditions to Each Credit Event. The obligation of each Lender to make a Loan on the occasion of any Borrowing and of each the Issuing Bank to issue, amend, renew or extend any Letter of Credit is subject to the satisfaction of the following conditions:
(a) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall exist;
(b) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, all representations and warranties of each Loan Party set forth in the Loan Documents shall be true and correct in all material respects (other than those representations and warranties that are expressly qualified by “a Material Adverse Effect” Effect or other materiality, in which case such representations and warranties shall be true and correct in all respects);
(c) subject to the Incurrence Test Exception, the Borrower shall be in compliance with the Incurrence Test; and
(dc) the Borrower shall have delivered the required Notice of Borrowing. Each Borrowing and each issuance, amendment, renewal or extension of any Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in subsections (a), (b) and (c) of this Section. In addition to the foregoing, the obligation of the Swingline Lender to fund any Swingline Loans and the obligation of the Issuing Bank to issue, amend, renew or extend any Letter of Credit shall be subject to the provisions set forth in Section 2.26(d).
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (RadNet, Inc.), Revolving Credit and Term Loan Agreement (RadNet, Inc.)
Conditions to Each Credit Event. The obligation of each Lender to make a Loan on the occasion of any Borrowing and of each the Issuing Bank to issue, amend, renew or extend any Letter of Credit is subject to Section 2.26(c) and the satisfaction of the following conditions:
(a1) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall exist;
(b2) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, all representations and warranties of each Loan Party set forth in the Loan Documents shall be true and correct in all material respects (other than those representations and warranties that are expressly qualified by “a Material Adverse Effect” Effect or other materiality, in which case such representations and warranties shall be true and correct in all respects);
(c) subject to the Incurrence Test Exception, the Borrower shall be in compliance with the Incurrence Test; and
(d3) the Borrower shall have delivered the required Notice of Borrowing. Each Borrowing and each issuance, amendment, renewal or extension of any Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in subsections (a), (b) and (c) of this Section.
Appears in 1 contract
Samples: Term Loan Agreement (Root, Inc.)