Each Extension of Credit. The obligation of each Lender to make any Loan (other than the extension of Loans made for the consummation of the Acquisition), and of each Issuing Lender to issue, amend, renew or extend any Letter of Credit is subject to the satisfaction of the following conditions: (a) the Administrative Agent shall have received a Borrowing Request; (b) the representations and warranties of the Borrower and each Restricted Subsidiary set forth in this Agreement and in each of the other Loan Documents to which it is a party shall be true and correct on and as of the date of such Loan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable (other than any representations and warranties that speak as of a certain date, which shall be true and correct on and as of such date); and (c) at the time of and immediately after giving effect to such Loan or the issuance, amendment, renewal, or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing (other than Borrowings made for the consummation of the Acquisition) and each issuance, amendment, renewal or extension of a Letter of Credit, as applicable, shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in the preceding sentence.
Appears in 2 contracts
Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)
Each Extension of Credit. The obligation of each Lender to make any Loan (other than but not the extension conversion or continuation of Loans made for the consummation of the Acquisitionany Loan), and of each Issuing Lender to issue, amend, renew or extend any Letter of Credit Credit, is additionally subject to the satisfaction of the following conditions:
(a) the Administrative Agent shall have received a Borrowing Request;
(b) the representations and warranties of the Borrower and each Restricted Subsidiary set forth in this Agreement Agreement, and of each Loan Party in each of the other Loan Documents to which it is a party party, shall be true and correct in all material respects (or in all respects if the applicable representation or warranty is qualified by Material Adverse Effect or materiality) on and as of the date of such Loan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable (other than or, if any representations and warranties that speak such representation or warranty is expressly stated to have been made as of a certain specific date, which shall be true and correct on and as of such date); and
(cb) at the time of and immediately after giving effect to such Loan or the issuance, amendment, renewal, renewal or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing (other than Borrowings made for but not the consummation conversion or continuation of the Acquisitionany Loan) and each issuance, amendment, renewal or extension of a Letter of Credit, as applicable, Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in the preceding sentence.
Appears in 1 contract
Samples: Credit Agreement (Teleflex Inc)
Each Extension of Credit. The obligation of each Lender to make any Loan (other than the extension of Loans made for the consummation of the Acquisition), and of each Issuing Lender to issue, amend, renew or extend any Letter of Credit is subject to the satisfaction of the following conditions:conditions (except, solely with respect to Incremental Term Loans, as and to the extent provided in Section 2.01(e)):
(a) the Administrative Agent shall have received the applicable notice or request in respect of such Loan or such issuance, amendment, renewal, or extension of such Letter of Credit, as applicable, in accordance with the applicable provisions of this Agreement, including (i) in the case of a Borrowing, a Borrowing RequestRequest in accordance with Section 2.03, (ii) in the case of a Swingline Loan, a notice in accordance with Section 2.04(b) and (iii) in the case of a Letter of Credit, a notice in accordance with Section 2.05(b);
(b) the representations and warranties of the Borrower and each Restricted Subsidiary Loan Party set forth in this Agreement and in each of the other Loan Documents to which it is a party shall be true and correct in all material respects (other than any representations and warranties qualified by materiality or Material Adverse Effect, which shall be true and correct in all respects) on and as of the date of such Loan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable (other than any representations and warranties that speak as of a certain date, which shall be true and correct on and as of such date); and
(c) at the time of and immediately after giving effect to such Loan or the issuance, amendment, renewal, or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing (other than Borrowings made for the consummation of the Acquisition) and each issuance, amendment, renewal or extension of a Letter of Credit, as applicable, shall be deemed to constitute a representation and warranty by the each Borrower on the date thereof as to the matters specified in the preceding sentence.
Appears in 1 contract
Samples: Credit Agreement (Geo Group Inc)
Each Extension of Credit. The obligation of each Lender to make any Loan (other than the extension of Loans made for the consummation of the Acquisition), and of each Issuing Lender to issue, amend, renew or extend any Letter of Credit is subject to the satisfaction of the following conditions:
(a) the Administrative Agent shall have received a Borrowing Request;
(b) the representations and warranties of the each Borrower and each Restricted Subsidiary set forth in this Agreement and in each of the other Loan Documents to which it is a party shall be true and correct in all material respects (other than any representations and warranties qualified by materiality or Material Adverse Effect, which shall be true and correct in all respects) on and as of the date of such Loan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable (other than any representations and warranties that speak as of a certain date, which shall be true and correct on and as of such date); and
(c) at the time of and immediately after giving effect to such Loan or the issuance, amendment, renewal, or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing (other than Borrowings made for the consummation of the Acquisition) and each issuance, amendment, renewal or extension of a Letter of Credit, as applicable, shall be deemed to constitute a representation and warranty by the each Borrower on the date thereof as to the matters specified in the preceding sentence.
Appears in 1 contract
Samples: Credit Agreement (Geo Group Inc)
Each Extension of Credit. The Other than with respect to any funding of the Term Loans and the Trigger Date Revolving Credit Loans on the Trigger Date (which shall only be subject to the conditions set forth in Section 4.02 hereof), the obligation of each Lender to make any Loan (other than the extension of Loans made for the consummation of the Acquisition)a Loan, and of each the Issuing Lender Lenders to issue, amendincrease, renew or extend any Letter of Credit Credit, is subject to the satisfaction of the following conditions:
(a) the Administrative Agent shall have received a Borrowing Request;
(b) the representations and warranties of the Borrower and each Restricted Subsidiary set forth in this Agreement Agreement, and of each Loan Party in each of the other Loan Documents to which it is a party party, shall be true and correct in all material respects (or in all respects if the applicable representation or warranty is qualified by Material Adverse Effect or materiality) on and as of the date of such Loan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable (other than or, if any representations and warranties that speak such representation or warranty is expressly stated to have been made as of a certain specific date, which shall be true and correct on and as of such date); and
(cb) at the time of and immediately after giving effect to such Loan or the issuance, amendment, renewal, renewal or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing (other than Borrowings made for but not the consummation conversion or continuation of the Acquisitionany Loan) and each issuance, amendment, renewal or extension of a Letter of Credit, as applicable, Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in the preceding sentence.
Appears in 1 contract
Samples: Credit Agreement (Teleflex Inc)