Conditions to Extension of Credit. The agreement of each Lender to make the extension of credit requested to be made by it on the Restatement Effective Date is subject to the satisfaction or waiver, prior to or concurrently with the making of such extension of credit of the conditions precedent set forth in Section 3 of the First Amendment.
Conditions to Extension of Credit. The obligation of Lender to make the initial Loans under this Agreement shall be subject to the satisfaction or waiver by Lender, prior thereto or concurrently therewith, of each of the following conditions precedent:
Conditions to Extension of Credit. The agreement of each Lender to make the Loans requested to be made by it is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Closing Date, of the following conditions precedent:
Conditions to Extension of Credit. The Administrative Agent, the Documentation Agent and the Lenders shall have no obligation to make any Extension of Credit, including the initial Extension of Credit, unless and until, they are satisfied, in their sole and absolute discretion, that all of the following conditions shall have been fulfilled prior to or contemporaneously with the making of such Extension of Credit.
Conditions to Extension of Credit. Without in any way impairing the demand, discretionary nature of the Line of Credit, HSBC Bank's agreement to extend the Credit shall be effective only upon fulfillment of the following conditions at the date of the execution of this Agreement:
Conditions to Extension of Credit. The Banks' agreement to extend the Credit and Chase's agreement to issue Letters of Credit shall be effective only upon fulfillment of the following conditions at the date of the execution of this Agreement:
Conditions to Extension of Credit. The obligation of the Bank to extend the Credit is subject to the satisfaction prior to or concurrently therewith of the following conditions precedent:
Conditions to Extension of Credit. This Agreement, including the agreement of each Lender to make the Extension of Credit requested to be made by it, shall become effective on the date on which the following conditions precedent shall have been satisfied or waived:
(a) The Administrative Agent shall have received executed counterparts of this Agreement and the Guarantee Agreement by each Loan Party, as applicable.
Conditions to Extension of Credit. The obligation of the Second Amendment Incremental Lenders to make their Second Amendment Incremental Term Loan hereunder shall be subject to the satisfaction or waiver of the following conditions, in each case, in form and substance reasonably satisfactory to the Second Amendment Incremental Lender (the “Second Incremental Funding Date”; provided, the Second Incremental Funding Date shall not occur on any date other than August 31, 2021, without the Administrative Agent’s written consent, which shall not be unreasonably withheld):
(a) Administrative Agent shall have received a notice of borrowing (substantially in the form of Exhibit J to the Credit Agreement) prior to 2:00 p.m. Eastern time not less than one (1) Business Day prior to the date on which the Borrower requests the Second Amendment Incremental Term Loan to be funded;
(b) the Borrower shall have paid all fees due and payable on or prior to the Second Incremental Funding Date, including any fees due under the fee letter dated on or about the date hereof with respect to the Second Amendment Incremental Term Loans (the “Second Amendment Fee Letter”) and reimbursement or payment of all reasonable and documented out-of-pocket accrued fees and expenses incurred by the Lenders (including the Second Amendment Incremental Lenders) and the Administrative Agent on or before the Second Incremental Funding Date. All such amounts will be paid with proceeds of the Second Amendment Incremental Term Loans made on the Second Incremental Funding Date and will be reflected in the funding instructions given by the Borrower to the Administrative Agent on or before the Second Incremental Funding Date. The Second Amendment Fee Letter will constitute a Loan Document;
(c) as of the Second Incremental Funding Date and after giving effect to the Second Amendment Incremental Term Loans and this Amendment, no Default or Event of Default has occurred and is continuing;
(d) on and as of the Second Incremental Funding Date, after giving Pro Forma Effect to the funding of the Second Amendment Incremental Term Loans (but excluding the cash proceeds thereof for the purpose of “netting”), the making of the Second Amendment Date Special Distribution (including the use of the Loan Parties’ balance sheet cash to fund a portion of the Second Amendment Date Special Distribution), the Consolidated Secured Net Leverage Ratio does not exceed 5.35:1.00; and
(e) each of the representations and warranties set forth in Section 6 below shall ...
Conditions to Extension of Credit. Bank shall have no obligation to make any Extension of Credit unless and until, it is satisfied, in its sole and absolute discretion, that all of the following conditions shall have been fulfilled prior to or contemporaneously with the making of such Extension of Credit.
