Common use of Documents, fees and no default Clause in Contracts

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.

Documents, fees and no default. Each Lender’s obligation to contribute to an Advance the Loan is subject to the following conditions precedent: (a) that, on or before the first service of the Drawdown DateNotice, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyersit; (b) that, on or before the first Drawdown DateDate but prior to the advance of the Loan, the Agent receives the fees referred documents described in Part B of Schedule 3 in form and substance satisfactory to in Clause 20.1it; (c) that the Drawdown Notice contains irrevocable instructions from the Borrower to pay on the Drawdown Date to the Agent the arrangement fee referred to in Clause 20.1: (d) that both at the date of each the Drawdown Notice and at each 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 AdvanceLoan; (ii) the representations and warranties in Clause 10.1 10 and those of either 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 5.7 has occurred and is continuing; and; (de) 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 Borrower prior to the Drawdown Date.

Documents, fees and no default. Each Lender’s obligation to contribute to an Advance the Loan is subject to the following conditions precedent: (a) that, on or before the first service of the Drawdown DateNotice, 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 all fees pursuant to the fees referred to in Clause 20.1fee letter or letters separately agreed between the Borrower and the Agent; (c) that, on or before the Drawdown Date, the Agent receives or is satisfied that it will receive the documents described in Part B of Schedule 3 in form and substance satisfactory to the Lenders and their lawyers; (d) that both at the date of each the Drawdown Notice and at each 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 AdvanceLoan; (ii) the representations and warranties in Clause 10.1 10 and those of either 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 5.7 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.

Documents, fees and no default. Each Lender’s obligation to contribute to an Advance the Loan is subject to the following conditions precedent: (a) that, on or before the first Drawdown Datedate of signing of this Agreement, the Agent receives the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyersCo-Arrangers; (b) that, on or before the first Drawdown DateDate but prior to the making of the Loan, the Agent receives the fees referred documents described in Part B of Schedule 3 in form and substance satisfactory to in Clause 20.1the Co-Arrangers; (c) that, on or before the service of the Drawdown Notice, the Agent receives any fees payable pursuant to Clause 16.1 and has received payment of the expenses referred to in Clause 16.2; and (d) that both at the date of each the Drawdown Notice and at each the Drawdown Date: (i) no Event of Default or Potential Event of Default has occurred and is continuing continuing, unremedied or unwaived or would result from the borrowing of the AdvanceLoan; (ii) the representations and warranties in Clause 10.1 10 and those of either Borrower 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; and; (iii) none of the circumstances contemplated by Clause Xxxxxx 5.7 has occurred and is continuing; and; (div) there has not (in the Agent’s opinion) been a material adverse change in the financial position or state of affairs of any of the Borrowers or any of the Shareholders from that disclosed to 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 Datedate of this Agreement.