Conditions to Revolving Loans. Notwithstanding anything to the contrary contained in this Agreement or any other Loan Document, no amendment, waiver or consent of or with respect to any Loan Document shall, unless in writing, and signed by the Requisite Lenders, amend, modify or waive Section 5.2 or any other provision of this Agreement or any other Loan Documents if the effect of such amendment, waiver or consent is to require the Revolving Lenders to make Revolving Loans when such Lenders would not otherwise be required to do so.
Conditions to Revolving Loans. The obligation of Lender to make a Revolving Loan is conditioned, in the case of each borrowing hereunder, upon:
(a) all conditions precedent as listed in Article IV hereof shall have been satisfied;
(b) receipt by Lender of notice of loan, such notice in form and substance reasonably satisfactory to Lender, such notice to be received two (2) Business Days prior to the proposed date of borrowing;
(c) Borrower’s request for a Revolving Loan shall be in increments of $100,000;
(d) the fact that no Default or Event of Default shall then exist or immediately after the making of the Revolving Loan would exist; and
(e) the fact that each of the representations and warranties contained in Article VII hereof shall be true and correct in all material respects (with regard to representations and warranties that are not otherwise qualified with a materiality standard) with the same force and effect as if made on and as of the date of the making of such Revolving Loan, except to the extent that any thereof expressly relate to an earlier date. Each request by Borrower for the making of a Revolving Loan shall be deemed to be a representation and warranty by Borrower as of the date of such request as to the facts specified in (d) and (e) above.
Conditions to Revolving Loans. At the time of the making of all Revolving Loans (before as well as after giving effect to such Revolving Loans and to the proposed use of the proceeds thereof), the following conditions shall have been satisfied or shall exist:
(a) there shall exist no Default or Event of Default;
(b) all representations and warranties by Xxxxxx contained herein shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of such Revolving Loans (except that the representations and warranties set forth in Section 6.19 shall not be deemed to relate to any time subsequent to the date of the initial Revolving Loans hereunder);
(c) since the date of the most recent financial statements of the Consolidated Companies described in Section 6.14, there shall have been no change that has had or could reasonably be expected to have a Materially Adverse Effect in any Consolidated Company's financial condition, properties, business, operations or prospects (whether or not any notice with respect to such change has been furnished to the Lenders pursuant to Section 9.07);
(d) there shall be no action or proceeding instituted or pending before any court or other governmental authority or, to the knowledge of Xxxxxx, threatened that reasonably could be expected to have a Materially Adverse Effect in any Consolidated Company's financial condition, properties, business, operations or prospects, including without limitation any action or proceeding seeking to prohibit or restrict one or more Credit Party's ownership or operation of any portion of its business or assets, or to compel one or more Credit Party to dispose of or hold separate all or any portion of its businesses or assets, where such portion or portions of such business(es) or assets, as the case may be, constitute a material portion of the total businesses or assets of the Consolidated Companies;
(e) the Revolving Loans to be made and the use of proceeds thereof shall not contravene, violate or conflict with, or involve the Agent or any Lender in a violation of, any law, rule, injunction or regulation, or determination of any court of law or other governmental authority applicable to Xxxxxx; and
(f) the Agent shall have received such other documents or legal opinions as the Agent or any Lender may reasonably request, all in form and substance reasonably satisfactory to the Agent. Each request for a Borrowing and the acceptance by elson o...
Conditions to Revolving Loans. The agreement of each Lender to make the Revolving Loan requested to be made by it is subject to the satisfaction, prior to or concurrently with the making of such Loan on the Closing Date, of the following conditions precedent:
Conditions to Revolving Loans. 25 7.1 Conditions to Initial Revolving Loan(s)......................... 25 7.2 Conditions to All Loans......................................... 25 SECTION 8 PARTICIPATION.............................................................. 26 8.1 Participations.................................................. 26 SECTION 9 MISCELLANEOUS.............................................................. 27
Conditions to Revolving Loans. The obligation of Xxxxxx to make any Revolving Loan and to issue any Lender Guaranty are subject to satisfaction of all of the applicable conditions set forth below.
Conditions to Revolving Loans. The obligation of the Bank to make any Revolving Loan is subject to the Bank having received a notice of borrowing (each a “Notice of Borrowing”), in the form of Exhibit A, specifying (i) the aggregate principal amount of the requested Revolving Loan to be made, and (ii) the requested date of such Revolving Loan, which shall be a Business Day. Each such Notice of Borrowing shall be irrevocable.
Conditions to Revolving Loans. The obliga-tions of ----------------------------- Agent and each Lender to make Revolving Loans and the obligation of Agent or any Lender to issue Lender Letters of Credit on the Closing Date and on each Funding Date are subject to satisfac-tion of all of the conditions set forth below.
Conditions to Revolving Loans. The obligations of the Lender to make any Revolving Loans hereunder on any date is subject to the full satisfaction, in the Good Faith opinion of the Lender, of the following conditions precedent as of the Borrowing Date for such Revolving Loan:
Conditions to Revolving Loans. No Revolving Loans may be made by any Revolving Lender until:
(a) Administrative Agent has completed and reviewed the results to its satisfaction of a collateral examination with respect to the Wholesale Accounts and the Wholesale Business; and
