Documents, fees and no default. The Lender's obligation to advance the Loan is subject to the following conditions precedent:
(a) that, on or before the service of the Drawdown Notice, the Lender receives the documents described in Part A of Schedule 2 in form and substance satisfactory to it and its lawyers;
(b) that, on the Drawdown Date but prior to the advancing of the Loan, the Lender receives the documents described in Part B of Schedule 2 in form and substance satisfactory to it and its lawyers;
(c) that the Lender has received the management fee referred to in Clause 19.1 and has received payment of the expenses referred to in Clause 19.2;
(d) that both at the date of the Drawdown Notice and at the Drawdown Date:
(i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the Loan;
(ii) the representations and warranties in Clause 9.1 and those of the Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing; and
(iii) none of the circumstances contemplated by Clause 4.4 has occurred and is continuing;
(e) that, if the ratio set out in Clause 14.1 were applied immediately following the advancing of the Loan, the Lender would not be entitled to oblige the Borrower to provide additional security or prepay part of the Loan under that Clause; and
(f) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may reasonably request by notice to the Borrower prior to the Drawdown Date.
Documents, fees and no default. Each Lender’s obligation to make its Ratable Portion of the Advance is subject to the following conditions precedent:
(a) that on or before the service of the Drawdown Notice, the Facility Agent shall have received:
(i) this Agreement, duly executed by all parties hereto; and
(ii) such documentation and other evidence as is reasonably requested by the Facility Agent, a Lender or a Swap Bank in order for each Lender or Swap Bank, as the case may be, to carry out and be satisfied with the results of all necessary “know your customer” or other checks which it is required to carry out in relation to the transactions contemplated by this Agreement and the other Finance Documents, including without limitation obtaining, verifying and recording certain information and documentation that will allow the Facility Agent, each of the Lenders and the Swap Banks to identify each of the Obligors in accordance with the requirements of the USA PATRIOT Act (Title III of Pub.: 107-56 (signed into law October 26, 2001)) (the “PATRIOT Act”);
(b) that on or before the Expected Drawdown Date of the Advance, the Facility Agent shall have received (i) the documents described in Schedule 3, each to be in form and substance satisfactory to the Facility Agent and its lawyers, and (ii) payment of all accrued commitment fees and all other fees and expenses referred to in Clause 14 that are payable at that time;
(c) that at the date of the Drawdown Notice, at the Expected Drawdown Date and at the Actual Drawdown Date:
(i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the Loan or any part thereof;
(ii) the representations and warranties in Clause 9 and those of any Obligor which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;
(iii) there has been no material adverse change in the financial condition, operations or business prospects of any of the Obligors since the date on the Obligors provided information concerning those topics to the Facility Agent and/or any Lender; and
(iv) none of the circumstances contemplated by Cxxxxx 4.5 has occurred and is continuing;
Documents, fees and no default. Each Lender’s obligation to contribute to the Loan is subject to the following conditions precedent:
(a) that, on or before the service of the Drawdown Notice, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyers;
(b) that, on the Drawdown Date but prior to the advance of the Loan, the Agent receives or is satisfied that it will receive on the advance of the Loan the documents described in Part B of Schedule 3 in form and substance satisfactory to it and its lawyers;
(c) that both at the date of the Drawdown Notice and at the Drawdown Date:
(i) no Event of Default or Potential Event of Default has occurred or would result from the borrowing of the Loan;
(ii) the representations and warranties in Clause 10 and those of the Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing; and
(iii) none of the circumstances contemplated by Clause 5.6 has occurred and is continuing;
(d) that, if the ratio set out in Clause 15.1 were applied immediately following the making of the Loan, the Borrower would not be obliged to provide additional security or prepay part of the Loan under that Clause.
Documents, fees and no default. The Lender’s obligation to advance the Loan is subject to the following conditions precedent:
(a) that, on or before service of the Drawdown Notice, the Lender receives the documents described in Part A of Schedule 2 in form and substance satisfactory to it and its lawyers;
(b) that, on or before the Drawdown Date, the Lender receives the documents described in Part B of Schedule 2 in a form and substance satisfactory to it and its lawyers;
(c) that, on or before service of the Drawdown Notice, the Lender has received the first instalment of the restructuring fee referred to in Clause 19.1(a);
(d) that both at the date of the Drawdown Notice and at the Drawdown Date:
(i) no Event of Default has occurred and is continuing or would result from the borrowing of the Loan;
(ii) the representations and warranties in Clause 9.1 and those of the Borrower or any other Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;
(iii) none of the circumstances contemplated by Clause 4.4 has occurred and is continuing; and
(iv) there has been no material adverse change in the financial position, state of affairs or prospects of the Borrower or any other Security Party in the light of which the Lender considers that there is a significant risk that the Borrower or any other Security Party will later become, unable to discharge its liabilities under the Finance Documents to which it is a party as they fall due; and
(e) that, if the ratio set out in Clause 14.1 were applied immediately following the advance of the Loan, the Borrower would not be obliged to provide additional security or prepay part of the Loan under that Clause; and
(f) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may request by notice to the Borrower prior to the Drawdown Date.
Documents, fees and no default. Each Lender’s obligation to contribute to an Advance is subject to the following conditions precedent:
Documents, fees and no default. The Issuer’s obligation to issue any Guarantee is subject to the following conditions precedent:
(a) that, on or before the service of the first Guarantee Issue Request, the Issuer receives the documents described in Part A of Schedule 2 in form and substance satisfactory to it;
(b) that, on or before a Guarantee Issue Date but prior to the issue of a Guarantee, the Issuer receives the documents described in Part B of Schedule 2 in a form satisfactory to it;
(c) that, on or before each Guarantee Issue Date, the Issuer has received all arrangement and commitment fees payable pursuant to Clause 18.1;
(d) that both at the date of each Guarantee Issue Request and at each Guarantee Issue Date:
(i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the issue of the Guarantee; and
(ii) the representations and warranties in Clause 8.1 and those of the Obligors or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;
(e) that the Issuer has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Issuer may reasonably request by notice to the Obligors prior to the Guarantee Issue Date.
Documents, fees and no default. Each Lender's obligation to make an Advance is subject to the following conditions precedent:
(a) that, on or before the service of the first Drawdown Notice, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to it and its lawyers;
(b) that, on each Drawdown Date but prior to the making of the relevant Advance, the Agent receives the documents described in Part B of Schedule 3 in form and substance satisfactory to it and its lawyers;
Documents, fees and no default. The Lender’s obligation to advance a Tranche and issue an Instalment Guarantee arc subject to the following conditions precedent:
(a) that, on or before service of the Guarantee Facility Request, the Lender receives the documents described in Part A of Schedule 2 in form and substance satisfactory to and its lawyers;
(b) that, on or before the Drawdown Date in respect of the first Tranche of each Advance, the Secondone Tranche A and the Thirdone Tranche A, the Lender receives the documents described in Part B of Schedule 2 in form and substance satisfactory to it and its lawyers;
(c) that, on or before the Drawdown Date in respect of the second Tranche of each Advance, the Secondone Advance Tranche B and the Thirdone Advance Tranche B, the Lender receives the documents described in Part C of Schedule 2 in a form and substance satisfactory to it and its lawyers;
(d) that, on or before the Drawdown Date in respect of the third Tranche of each Advance, the Secondone Advance Tranche C and the Thirdone Advance Trench C, the Lender receives the documents described in Part D of Schedule 2 in form and substance satisfactory to it and its lawyers;
(e) that, on or before the Drawdown Date in respect of each Delivery Tranche, the Lender receives the documents described in Part E of Schedule 2 in form and substance satisfactory to it and its lawyers;
(f) that, on or before service of each Drawdown Notice the Lender has received all accrued commitment commission due and payable pursuant to Clause 20.1;
(g) that, on or before service of the Drawdown Notice in respect of the first Tranche, the Lender has received the first instalment of the arrangement fee referred to in Clause 20.1;
(h) that both at the date of each Drawdown Notice, at each Drawdown Date and on issuance of any Instalment Guarantee:
(i) no Event of Default or Potential Event of Default has occurred or would result from the borrowing of the relevant Tranche;
(ii) the representations and warranties in Clause 10.1 and those of the Borrowers or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;
(iii) none of the circumstances contemplated by Clause 4.4 has occurred; and
(iv) there has been no material adverse change in the financial condition, state of affairs or prospects of any Borrower or any Security Party applying at the date of this Agreement; and
(i) that, if the rati...
Documents, fees and no default. Each Lender's obligation to contribute to the Loan is subject to the following conditions precedent:
Documents, fees and no default. Each Lender’s obligation to contribute to an Advance is subject to the following conditions precedent:
(a) that, on or before the first Drawdown Date, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyers;
(b) that, on or before the first Drawdown Date, the Agent receives the fees referred to in Clause 20.1;
(c) that at the date of each Drawdown Notice and at each Drawdown Date:
(i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the Advance;
(ii) the representations and warranties in Clause 10.1 and those of either Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing; and
(iii) none of the circumstances contemplated by Clause 5.7 has occurred and is continuing; and
(d) that the Agent has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Agent may, with the authorisation of the Majority Lenders, request by notice to the Borrowers prior to the Drawdown Date.
