Common use of Determinations of Initial Borrowing Conditions Clause in Contracts

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.1, each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing Loans.

Appears in 8 contracts

Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

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Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.13.1 (Conditions Precedent to Initial Loans and Letters of Credit), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans Borrowing or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s 's Ratable Portion of such Borrowing or Swing LoansBorrowing.

Appears in 6 contracts

Samples: Credit Agreement (Massey Energy Co), Secured Super Priority Debtor in Possession Credit Agreement (Exide Corp), Credit Agreement (Hayes Lemmerz International Inc)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.14.01 (Conditions Precedent to Initial Credit Extensions), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing Borrowing or initial issuance of Swing Loans or Issuance or deemed Issuance Letters of Credit hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion ratable portion of such Borrowing or Swing LoansBorrowing.

Appears in 3 contracts

Samples: Credit Agreement (Jarden Corp), Credit Agreement (Jarden Corp), Credit Agreement (Jarden Corp)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.13.1 (Conditions Precedent to Effectiveness), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing Loans.

Appears in 2 contracts

Samples: Credit Agreement (Tekni Plex Inc), Credit Agreement (Tekni Plex Inc)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.1, each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, with each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing Loans.

Appears in 1 contract

Samples: Credit Agreement (Wendy's/Arby's Group, Inc.)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.13.1 (Conditions Precedent to Initial Loans and Letters of Credit), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans Borrowing or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing Loans.Borrowing. CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (FMC Corp)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.1, each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the applicable Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the applicable Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing Loans.

Appears in 1 contract

Samples: Credit Agreement (Warnaco Group Inc /De/)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section SECTION 3.1, each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, with each document or other matter required thereunder to be consented to or approved by or acceptable accept- able or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s 's Ratable Portion of such Borrowing or Swing Loans.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

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Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.1, each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s 's Ratable Portion of such Borrowing or Swing Loans.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Warnaco Group Inc /De/)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.13.1 (Conditions Precedent to Initial Loans and Letters of Credit), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the applicable Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans Borrowing or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the applicable Administrative Agent such Lender’s 's Ratable Portion of such Borrowing or Swing LoansBorrowing.

Appears in 1 contract

Samples: Credit Agreement (Hli Operating Co Inc)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.13.1 (Conditions Precedent to Initial Loans and Letters of Credit), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans Borrowing or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing LoansBorrowing.

Appears in 1 contract

Samples: Credit Agreement (Hli Operating Co Inc)

Determinations of Initial Borrowing Conditions. For purposes of determining compliance with the conditions specified in Section 3.13.1 (Conditions Precedent to Initial Loans and Letters of Credit), each Lender shall be deemed to have consented to, approved, accepted or be satisfied with, each document or other matter required thereunder to be consented to or approved by or acceptable or satisfactory to the Lenders unless an officer of the Administrative Agent responsible for the transactions contemplated by the Loan Documents shall have received notice from such Lender prior to the initial Borrowing, borrowing of Swing Loans Borrowing or Issuance or deemed Issuance hereunder specifying its objection thereto and such Lender shall not have made available to the Administrative Agent such Lender’s Ratable Portion of such Borrowing or Swing LoansBorrowing.

Appears in 1 contract

Samples: Credit Agreement (Amkor Technology Inc)

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