Conditions to Each Loan and Letter of Credit. The agreement of each Lender to make any Loan requested to be made by it on any date following the Closing Date, or to issue any Letter of Credit, is subject to the satisfaction of the following conditions precedent:
Conditions to Each Loan and Letter of Credit. The agreement of each Lender to make any Loan requested to be made by it on any date and the agreement of each Issuing Bank to honor any request for an L/C Credit Extension (including its initial Loan and Letter of Credit requested to be made or issued by it) is subject to the satisfaction of the following conditions precedent as of the date such Loan or L/C Credit Extension is requested to be made:
Conditions to Each Loan and Letter of Credit. The obligation of the Banks to make, continue and convert each Loan and of the Issuing Bank to issue, renew and extend any Letter of Credit is subject to the following conditions:
Conditions to Each Loan and Letter of Credit. The obligation of each Bank to make each Loan requested to be made by it, and the obligation of the Issuing Bank to issue each Letter of Credit requested to be issued by it (including any request to extend the expiry date of any Letter of Credit to the date beyond the first anniversary of the original issuance thereof or any automatic renewal thereof), is subject to the fulfillment of each of the following conditions:
(a) the Administrative Agent, or in the case of a Swing Loan, the Swing Loan Lender, shall have received a notice of borrowing with respect to such Loan complying with the requirements of Section 1.02 or, in the case of a Swing Loan, a notice of borrowing complying with the requirements of Section 1.01(b)(i) or, a notice of issuance with respect to such Letter of Credit complying with the requirements of Section 1.03;
(b) each Loan Document Representation and Warranty shall be true and correct at and as of the time such Loan is to be made or such Letter of Credit is to be issued, both with and without giving effect to such Loan or Letter of Credit and all other Loans or Letters of Credit to be made or issued at such time and to the application of the proceeds thereof;
(c) no Default shall have occurred and be continuing at the time such Loan is to be made or such Letter of Credit is to be issued or would result from the making of such Loan or the issuance of such Letter of Credit and all other Loans and Letters of Credit to be made or issued at such time or from the application of the proceeds thereof;
(d) in the case of any such Loan, such Loan will not contravene any Applicable Law applicable to such Bank, including Regulation U; and
(e) in the case of any such Letter of Credit, the Issuing Bank shall have received such other instruments and agreements related thereto as the Issuing Bank shall have requested. Except to the extent that the Borrower shall have disclosed in the notice of borrowing or notice of issuance, or in a subsequent notice given to the Banks or the Issuing Bank, as the case may be, prior to 5:00 p.m. (New York time) on the Business Day before the requested date for the making of the requested Loans or the issuance of the requested Letter of Credit, that a condition specified in clause (b) or (c) above will not be fulfilled as of the requested time for the making of such Loans or the issuance of such Letter of Credit, the Borrower shall be deemed to have made a Representation and Warranty as of the time of the making of s...
Conditions to Each Loan and Letter of Credit. The agreement of each Lender to make any Loan requested to be made by it on any date, or the Issuing Lender to issue, amend, renew or extend any Letter of Credit (including, without limitation, its initial Loan) is subject to the satisfaction of the following conditions precedent:
(a) Each of the representations and warranties made by the Borrower in or pursuant to the Loan Documents (excluding the representations made in subsections 5.2 and 5.6) shall be true and correct in all material respects on and as of such date as if made on and as of such date (or, if such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date).
(b) No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the Loans requested to be made or the Letter(s) of Credit requested to be issued, amended, renewed or extended. Each Borrowing (and request for the same) by the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date hereof that the conditions contained in this subsection have been satisfied.
Conditions to Each Loan and Letter of Credit. (i) The conditions precedent set forth in Section 3.2 (Conditions Precedent to Each Loan and Letter of Credit) shall have been satisfied both before and after giving effect to such Term Facility Increase, (ii) such Term Facility Increase shall be made on the terms and conditions set forth in Section 2.1(c) (Term Facility Increase) and (iii) the Borrower shall be in compliance with the financial covenants contained in Sections 5.1 and 5.2 (Financial Covenants) on such Term Facility Increase Date for the most recently ended Fiscal Quarter on a pro forma basis both before and after giving effect to such Facilities Increase (and, if such Fiscal Quarter ends prior to September 30, 2007, using the covenant levels for the Fiscal Quarter ending September 30, 2007).
Conditions to Each Loan and Letter of Credit. (i) The conditions precedent set forth in Section 4.03 shall have been satisfied both before and after giving effect to such Facilities Increase, (ii) such Facilities Increase shall be made on the terms and conditions set forth in Section 2.10(a) and (iii) the Borrower and the Parent shall be in compliance with Section 7.17 on such Facilities Increase Date for the most recently ended fiscal quarter on a Pro-Forma Basis both before and after giving effect to such Facilities Increase.
Conditions to Each Loan and Letter of Credit. The obligation of the Lenders to make any Loan to, or to issue any Letter of Credit for, the Borrower hereunder is, at the time of the making of any such Loan or issuance of any such Letter of Credit, subject to the satisfaction of the following conditions, with the making of each such Loan or issuance of each such Letter of Credit constituting a representation and warranty by Borrower that the conditions specified in Section 4.2 A, B, C and D below are then satisfied:
Conditions to Each Loan and Letter of Credit. The agreement of the Bank to make any Loan and to issue any Letter of Credit requested to be made by it on any date is subject to the satisfaction of all conditions precedent set forth in Sections 5.3 and 5.4 of the Participation Agreement (and regarding any Letter of Credit, as otherwise set forth in Section 2.12) required by said Sections to be satisfied on or prior to the date of the applicable Loan. Each borrowing by the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such Loan or such issuance of any Letter of Credit that the conditions contained in this Section 4.2 have been satisfied.
Conditions to Each Loan and Letter of Credit. The obligation of Lender to make each Loan or to issue each Letter of Credit hereunder (in each case, an "extension of credit") (including the initial extension of credit to be made hereunder) is subject to the satisfaction of the following conditions precedent:
