Conditions to Subsequent Loans. Lenders shall not be obligated to make any Loan unless all of the following conditions are satisfied as of the time of the request and of funding:
Conditions to Subsequent Loans. The obligation of each Lender to make Loans to the Borrower, the Agent to issue a Letter of Credit, or the Lenders to continue or convert any Loan under Section 2.5 after the initial Loans have been advanced or the initial issuance of a Letter of Credit hereunder is subject to the satisfaction of the following conditions precedent on the applicable date:
Conditions to Subsequent Loans. The obligation of each Bank to make each Loan subsequent to its initial Loan shall be subject to the fulfillment (to the satisfaction of the Agent) of the following conditions precedent:
(a) The Agent shall have received a Borrowing Notice in accordance with Section 2.3 hereof together with a certification that:
(i) The representations and warranties made by the Borrowers herein or which are contained in any certificate, document or financial or other statement furnished at any time under or in connection herewith, shall be correct on and as of the borrowing date for such Loan as if made on and as of such date; and
(ii) No Default or Event of Default shall have occurred and be continuing on the date a Loan is to be made or after giving effect to the Loan to be made on such date.
(b) All legal matters incident to such Loan shall be satisfactory to counsel for the Agent.
Conditions to Subsequent Loans. The obligation of each Lender to make its Loans (other than any PIK Loan) on each Funding Date (other than the Closing Date) is subject to the following conditions precedent:
(a) Administrative Agent shall have received before that Funding Date, in accordance with the provisions of Section 2.1(b), a duly executed Notice of Borrowing, in each case signed by a duly authorized Officer of Borrower.
(b) As of that Funding Date and subject to the exceptions and limitations provided in respect of Loans under any Incremental Facility as set forth in Section 2.11(a) and any Delayed Draw Term Loans as set forth in Section 4.4:
(i) the representations and warranties contained herein and in the other Loan Documents shall be true and correct in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date; provided, that, if a representation and warranty is qualified as to “materiality” or “Material Adverse Effect”, such materiality qualifiers set forth above in this subclause (i) shall be disregarded with respect to such representation and warranty for purposes of this condition; and
(ii) No event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Notice of Borrowing that would constitute an Event of Default or a Default.
Conditions to Subsequent Loans. The obligation of the Banks to make the initial Loan and each Loan subsequent to the date hereof shall be subject to the fulfillment (to the satisfaction of the Agent) of the following conditions precedent:
(a) The Agent shall have received a Borrowing Notice in accordance with Section 2.2 hereof.
(b) The Agent shall have received a certificate executed by an executive officer of HCRI demonstrating that after giving effect to the incurrence of such Loan and the application of the proceeds thereof, the Borrowers' Cash on hand including such Loans does not exceed $20,000,000.
(c) Each of the Borrowers shall have complied and shall then be in compliance with all of the terms, covenants and conditions of this Agreement;
(i) After giving effect to the requested Loan, there shall exist no Default or Event of Default hereunder; and
(ii) The representations and warranties contained in Article 3 hereof shall be true and correct on and as of such date as if made on and as of such date (provided Section 3.6 shall relate only to claims in excess of $1,500,000 as of the date of such requested Loan); and the borrowing by the Borrowers of the requested Loan hereunder shall constitute a representation and warranty by the Borrowers as of the date of such Loan that the conditions set forth in this subsection 4.2(c) have been satisfied.
(d) All legal matters incident to such Loan shall be satisfactory to counsel for the Agent.
Conditions to Subsequent Loans. The obligation of the Banks to make the initial Loan and each Loan subsequent to the date hereof shall be subject to the fulfillment (to the satisfaction of the Agent) of the following conditions precedent:
(a) The Agent shall have received a Borrowing Notice in accordance with Section 2.2 hereof.
(b) Each of the Borrowers shall have complied and shall then be in compliance with all of the terms, covenants and conditions of this Agreement;
(i) After giving effect to the requested Loan, there shall exist no Default or Event of Default hereunder; and
(ii) The representations and warranties contained in Article 3 hereof shall be true and correct on and as of such date as if made on and as of such date (provided Section 3.6 shall relate only to claims in excess of $1,500,000 as of the date of such requested Loan); and the borrowing by the Borrowers of the requested Loan hereunder shall constitute a representation and warranty by the Borrowers as of the date of such Loan that the conditions set forth in this subsection 4.2(c) have been satisfied.
(c) All legal matters incident to such Loan shall be satisfactory to counsel for the Agent.
Conditions to Subsequent Loans. The obligation of the Banks to make ---------- -- ---------- ----- any Loans subsequent to the initial Loan or of the Agent to issue, extend or renew any Letter of Credit after the Closing Date shall be subject to the satisfaction of the following conditions precedent:
Conditions to Subsequent Loans. The obligation of the Banks to make each Credit Loan subsequent to its initial Loan shall be subject to the fulfillment (to the satisfaction of the Agent) of the following conditions precedent:
(a) The Agent shall have received a Borrowing Notice in accordance with Section 2.3 hereof.
(b) The Agent shall have received a Compliance Certificate dated the date of such Loan and effective as of such date, and the matters certified therein, including, without limitation, the absence of any Default or Event of Default, shall be true as of such date.
(c) All legal matters incident to such Loan shall be satisfactory to counsel for the Agent.
Conditions to Subsequent Loans. The obligation of each Purchaser to make any Loan after the Closing Date shall be subject to the fulfillment, in a manner satisfactory to the Purchasers, of each of the following conditions precedent:
Conditions to Subsequent Loans. The obligation of each Lender to make any Advances or of an Issuing Bank to issue Letters of Credit or of the Swing Line Bank to make Swing Line Loans subsequent to the Effective Date shall be subject to the satisfaction of the following conditions precedent:
