Conditions to Each Credit Event. The agreement of each Lender to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)). (b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing. (d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (d) of this Section 4.02. Table of Contents
Appears in 2 contracts
Samples: Credit Agreement (Constar Inc), Credit Agreement (Constar International Inc)
Conditions to Each Credit Event. The agreement of each Lender to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (excluding continuations and conversions of Loans) (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date (including the Original Effective Date and the Amendment Effective Date) is subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 2.02 or 2.062.04, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable.
(b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct in all material respects (except that any representation or warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (except that any representation or warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) as of such earlier date).
(c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02. Table of Contents4.03.
Appears in 2 contracts
Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Conditions to Each Credit Event. The agreement of each Lender (including any Person with a Term Loan Commitment) to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding excluding, except for purposes of subsection (b) below only) continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable.
(b) The representations and warranties made by each Loan Party set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).
(c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event The Administrative Agent shall have occurred that has hadreceived a Borrowing Request or Notice of Conversion/Continuation, as applicable, from the Borrower Representative in accordance with Section 2.02 or could reasonably be expected to haveSection 2.03, a Material Adverse Effectas applicable. Each Credit Event shall be deemed to constitute a representation and warranty by the applicable Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02. Table of Contents4.03.
Appears in 1 contract
Samples: Credit Agreement (Consolidated Communications Holdings, Inc.)
Conditions to Each Credit Event. The agreement of each Lender to make any Loan (excluding continuations and conversions of Loans) and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “"Credit Event”) (excluding continuations and conversions of Loans") requested to be made by it on any date is subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 2.04, 2.05 or 2.062.07, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)).
(b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).
(c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02. Table of Contents.
Appears in 1 contract
Conditions to Each Credit Event. The agreement of each Lender to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”"CREDIT EVENT") (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 2.02 or 2.062.05, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable.
(b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct (or true and correct in all material respects if not otherwise qualified by materiality or by a Material Adverse Effect) with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).
(c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02. Table of Contents-66-
Appears in 1 contract
Samples: Credit Agreement (Polymer Group Inc)
Conditions to Each Credit Event. The agreement of each Lender (including any Person with a Term C Commitment) to make any Loan (including pursuant to a Term C Commitment on the Restatement Effective Date) and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “"Credit Event”") (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable.
(b) The representations and warranties made by each Loan Party set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).
(c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the applicable Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02. Table of Contents.
Appears in 1 contract
Samples: Credit Agreement (Consolidated Communications Texas Holdings, Inc.)
Conditions to Each Credit Event. The agreement of each Lender ------------------------------- to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “"Credit Event”") (excluding ------------- continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions:
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)).
(b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).
(c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the applicable Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02. Table of Contents.
Appears in 1 contract
Conditions to Each Credit Event. The agreement of each Lender to make any Loan and or of the Issuing Bank to issue, amendincrease, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions:conditions (it being understood that a continuation or conversion of any Loans pursuant to Section 2.03 shall not be deemed a Credit Event):
(a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 2.02 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable.
(b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct in all material respects (or, as to any representations and warranties that are otherwise qualified as to materiality or “Material Adverse Effect” , as so qualified) with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date).
(c) At the time of and immediately after giving effect to such Credit Event, no Default or Event of Default shall have occurred and be continuing.
(d) Since December 31, 2001, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (cSections 4.02(b) and (d) of this Section 4.02. Table of Contentsc).
Appears in 1 contract