Conditions to Each Loan Advance. The obligation of the Lender to make any Loan advance is subject to satisfaction of the following conditions: (a) The Lender shall have received an appropriate Notice of Borrowing; (b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date); (c) No Default or Event of Default shall exist and be continuing either immediately prior to or after giving effect to the Loan to be made; and (d) the aggregate amount of the Loans (taking into account the Loan advance to be made) does not exceed the Committed Amount, The delivery of each Notice of Borrowing shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.
Appears in 4 contracts
Samples: Credit Agreement (Hoku Corp), Credit Agreement (Hoku Corp), Credit Agreement (Hoku Corp)
Conditions to Each Loan Advance. The obligation of the Lender to make any Loan advance advance, including the extension of any Loan, is subject to satisfaction of the following conditions:
(a) The Lender shall have received an appropriate Notice of Borrowing;
(b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date);
(c) No Default or Event of Default shall exist and be continuing either immediately prior to or after giving effect to the Loan to be made; and
(d) the sum of the aggregate amount of the Loans (taking into account the Loan advance to be made) does not exceed the Committed Amount, The delivery of each Notice of Borrowing and each notice of extension relating to an extension of the Loans shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.
Appears in 4 contracts
Samples: Credit Agreement (Hoku Corp), Credit Agreement (Hoku Corp), Credit Agreement (Hoku Corp)
Conditions to Each Loan Advance. The obligation of the Lender to make any Loan advance advance, including the extension of any Loan, is subject to satisfaction of the following conditions:
(a) The Lender shall have received an appropriate Notice of Borrowing;
(b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date);
(c) No Default or Event of Default shall exist and be continuing either immediately prior to or after giving effect to the Loan to be made; and
(d) the sum of the aggregate amount of the Loans Loan (taking into account the Loan advance to be made) does not exceed the Committed Amount, The delivery of each Notice of Borrowing and each notice of extension relating to an extension of the Loan shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.
Appears in 1 contract
Samples: Credit Agreement (Hoku Corp)