Conditions to Each Term Loan. The obligation of each Lender to make Term Loans shall be subject to the satisfaction (or waiver by each Lender) of the following conditions precedent:
Conditions to Each Term Loan. The obligation of the Bank to make any Term Loan to be made by it (including its initial Term Loan) is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date:
Conditions to Each Term Loan. (a) Receipt by the Bank of an original, executed promissory note evidencing the Term Loan.
(b) Receipt by the Bank of financial statements of the business or entity to be acquired for the immediately preceding three (3) fiscal years.
(c) If the Acceptable Acquisition involves the Borrower's purchase of stock of the entity being acquired, an opinion of the Borrower's counsel with regard to such matters as the Bank may request, including without limitation liability limitation issues.
(d) Receipt by the Bank of a compliance certificate showing that the Borrower is in full compliance with all of the terms of this Agreement.
(e) Receipt by the Bank of evidence that, immediately prior to consummation of the Acceptable Acquisition, the Borrower's adjusted Fixed Charge Coverage Ratio is at lease 1.50:1, calculated over the immediately preceding four (f) fiscal quarter. This ratio will be adjusted to include (i) the projected debt service (principal and interest at the then current Reference Rate) relating to the Term Loan for four (4) fiscal quarters and (ii) any net loss (but not income) after taxes of the business or entity to be acquired over the immediately preceding four (4) fiscal quarters.
Conditions to Each Term Loan. (a) The agreement of Lenders to make any Term Loan is subject to satisfaction of the following additional conditions precedent: (i) the terms of the purchase of the Senior Notes, including, without limitation, the aggregate principal amount of Senior Notes to be purchased with the proceeds of such Term Loan and the purchase price thereof, shall be acceptable to Agent; (ii) Agent shall have received such documentation and evidence of the purchase of Senior Notes that Agent may reasonably request; and (ii) after giving effect thereto, the aggregate Term Loans shall not exceed the Maximum Term Loan Amount.
(b) Each request for a Term Loan by Borrower hereunder shall constitute a representation and warranty by Borrower as of the date of such Term Loan that the conditions contained in this subsection shall have been satisfied.
Conditions to Each Term Loan. The agreement of each Lender to make any Term Loan requested to be made by it on any date (including its initial Term Loan) is subject to the satisfaction of the conditions precedent that each of the representations and warranties made by each Loan Party in or pursuant to the Loan Documents shall be true and correct in all respects on and as of such date as if made on and as of such date, except to the extent that the failure of any such representation and warranty to be so true and correct would not reasonably be expected to have a Company Material Adverse Effect (as defined in the Merger Agreement) and, in the case of any Term Loan requested to be made after the Closing Date, to the satisfaction of the following conditions precedent:
Conditions to Each Term Loan. The agreement of each Term Lender to make a Term Loan requested to be made by it on any date (including, without limitation, its initial Term Loan) are subject to the satisfaction of the conditions precedent that on or prior to the date of such Term Loan, the Company shall have received cash from the issuance of equity on or after August 3, 1999 and shall have contributed such amount as cash equity to the Borrower or any Subsidiary Guarantor in an aggregate amount at least equal to the aggregate principal amount of the Term Loans after giving effect to the making of such Term Loan, and the Borrower shall have delivered to the Administrative Agent a certificate of a Responsible Officer to that effect.
Conditions to Each Term Loan. The agreement or the Term Lender to make any Term Loan requested to be made on any date is subject to the satisfaction of the condition precedent, as of the date such Term Loan is made, that the original principal amount of such Term Loan does not exceed the lesser of: (i) the unused portion of the Term Loan Commitment at such time; and (ii) the aggregate purchase price for the Senior Secured Notes to be purchased with the proceeds of such Term Loan, plus accrued interest payable on such Senior Secured Notes, plus the fees and expenses of such purchase.
Conditions to Each Term Loan. The obligation of the Bank to make each Term Loan is subject to the conditions precedent set forth in Sections 5.01 and 5.02 and the following conditions precedent:
Conditions to Each Term Loan. The obligation of the Bank to make each Term Loan is subject to the conditions precedent set forth in Sections 5.01 and 5.02 and the following conditions precedent:
(a) Term Loan Note. The Co-Borrowers shall have delivered to the Bank a fully executed Term Loan Note, which shall be dated the date of such Term Loan, be stated to mature in consecutive quarterly installments of principal, have a term not to exceed seven (7) years and shall bear interest for a period from the date such Loan is made on the unpaid principal amount thereof at the applicable rates per annum specified herein.