Common use of Each Loan or Letter of Credit Clause in Contracts

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties in the Loan Documents shall then be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall be true and correct), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 7.3, the representations and warranties contained in Section 6.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 [Reporting Requirements], (b) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions]), (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (d) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower delivered to the Administrative Agent, (e) a Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (f) in the case of any Loan to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent or the Required Lenders would make it impracticable for such Loan to be denominated in the relevant Alternative Currency. Each Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 have been satisfied on or prior to the date thereof.

Appears in 1 contract

Samples: Credit Agreement (ICF International, Inc.)

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Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of creditthereof: (ai) the representations and warranties of the Loan Parties in the Loan Documents Borrower shall then be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event they shall be true and correct), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 7.37.2, the representations and warranties contained in Section 6.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 8.11 [Reporting Requirements], (bii) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions])thereof, (ciii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party the Borrower or Subsidiary of any Loan Party the Borrower or any of the Lenders, (div) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower delivered to the Administrative Agent, (e) a Borrower shall have delivered to the Administrative Agent a duly executed and completed Revolving Credit Loan Request, Swing Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, be and (fv) in with respect to any Green Loan, such Revolving Credit Loan Request shall provide a certification by the case Borrower certifying as to the use of any proceeds of such Green Loan to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion (including a description of the Administrative Agent or use thereof by type of Specified Green Investment Project) and certifying such use is consistent with the Required Lenders would make it impracticable for such Loan to be denominated in the relevant Alternative CurrencyGLP. Each Revolving Credit Loan Request, Swing Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified set forth in Section Sections 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 have been satisfied on or prior to the date thereof.. Exhibit 10.1

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties in the Loan Documents shall then be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall be true and correct), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall be true and correct) as of such earlier date, and except that for purposes of this Section 7.37.2, the representations and warranties contained in Section 6.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 [Reporting Requirements], (b) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions])thereof, (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (d) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower the REIT Guarantor delivered to the Administrative Agent, and (e) a the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the an Issuing Lender an application for a Letter of Credit, as the case may be, and (f) in the case of any Loan to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent or the Required Lenders would make it impracticable for such Loan to be denominated in the relevant Alternative Currency. Each Loan Request requesting the Lenders to make Revolving Credit Loans or Incremental Loans and each Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 7.2 have been satisfied on or prior to the date thereof.

Appears in 1 contract

Samples: Credit Agreement (Aimco Properties L.P.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (ai) the representations and warranties of the Loan Parties in the Loan Documents shall then be true and correct (a) in the case of representations and warranties qualified by materiality, in all respects and (b) otherwise, in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Changerespects, in which event shall be true each case on and correct), as of such date as if made on and as of such date (except to the extent that such representations and warranties specifically refer relate to an earlier date, date in which case they shall be such representations and warranties that expressly relate to an earlier date are true and correct correct, in the case of such representations and warranties qualified by materiality, in all respects, and otherwise in all material respects, as of such earlier date, and except that for purposes of this Section 7.3, the representations and warranties contained in Section 6.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 [Reporting Requirements]), (bii) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions])continuing, (ciii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (div) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower delivered to the Administrative Agent, (e) a Borrower Borrowers shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the applicable Issuing Lender (with a copy to the Administrative Agent) an application for a Letter of Credit, as the case may be, and (fv) in the case of any Loan or Letter of Credit to be denominated in an Alternative Optional Currency or Available LC Foreign Currency, as the case may be, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent or Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the applicable Issuing Lender (in the case of any Letter of Credit to be denominated in an Available LC Foreign Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Alternative Optional Currency or Available LC Foreign Currency. Each Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 have been satisfied on or prior to the date thereofcase may be.

Appears in 1 contract

Samples: Credit Agreement (Gp Strategies Corp)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of creditthereof: (ai) the representations and warranties of the Loan Parties in the Loan Documents Borrower shall then be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event they shall be true and correct), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 7.37.2, the representations and warranties contained in Section 6.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 8.11 [Reporting Requirements], (bii) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions])thereof, (ciii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party the Borrower or Subsidiary of any Loan Party the Borrower or any of the Lenders, (div) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower delivered to the Administrative Agent, (e) a Borrower shall have delivered to the Administrative Agent a duly executed and completed Revolving Credit Loan Request, Swing Loan Request or to Exhibit 10.1 the Issuing Lender an application for a Letter of Credit, as the case may be, be and (fv) in with respect to any Green Loan, such Revolving Credit Loan Request shall provide a certification by the case Borrower certifying as to the use of any proceeds of such Green Loan to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion (including a description of the Administrative Agent or use thereof by type of Specified Green Investment Project) and certifying such use is consistent with the Required Lenders would make it impracticable for such Loan to be denominated in the relevant Alternative CurrencyGLP. Each Revolving Credit Loan Request, Swing Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified set forth in Section Sections 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 have been satisfied on or prior to the date thereof.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

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Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (a) the representations and representations, warranties of the Loan Parties in the Loan Documents shall then be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall be true and correct), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall be true and correct) as of such earlier date, and except that for purposes of this Section 7.37.2, the representations and warranties contained in Section 6.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 [Reporting Requirements], (b) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions])thereof, (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (d) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower the REIT Guarantor delivered to the Administrative Agent, (e) a the OP Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, be and (f) in the case of any Loan OP Borrower shall have delivered to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent a Borrowing Base Certificate confirming that after making the requested Loan or the Required Lenders would make it impracticable for such Loan to be denominated in issuance of the relevant Alternative Currencyrequested Letter of Credit, the Revolving Facility Usage does not exceed the Borrowing Base Amount. Each Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 7.2 have been satisfied on or prior to the date thereof.

Appears in 1 contract

Samples: Credit Agreement (Aimco OP L.P.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties in the Loan Documents shall then be true and correct in all material respects (unless qualified by materiality or reference to the absence of a Material Adverse ChangeEffect, in which event such representations and warranties shall be true and correct), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date (unless qualified by materiality or reference to the absence of a Material Adverse Effect, in which event shall be true and correct as of such earlier date), and except that for purposes of this Section 7.36.2, the representations and warranties contained in Section 6.6 5.6 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 7.12 [Reporting Requirements], (b) no Event of Default or Potential Default shall have occurred and be continuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof (subject to Section 1.7 [Limited Condition Acquisitions]), (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, and (d) no Material Adverse Change shall have occurred since the date of the last audited financial statements of each Borrower delivered to the Administrative Agent, (e) a Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the applicable Issuing Lender an application for a Letter of Credit, as the case may be, ; provided that no Loan shall be made if after giving effect thereto (x) the sum of all outstanding Loans and Letter of Credit Obligations (other than undrawn Letters of Credit) would exceed 25% of the Revolving Credit Commitments and (fy) in the case of any Loan to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion Unrestricted Cash of the Administrative Agent or the Required Lenders Borrower and its Subsidiaries would make it impracticable for such Loan to be denominated in the relevant Alternative Currencyexceed $150,000,000. Each Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] or Section 7.2 [Delayed Draw Term Loan Conditions], as applicable, and this Section 7.3 6.2 have been satisfied on or prior to the date thereof.

Appears in 1 contract

Samples: Credit Agreement (Peabody Energy Corp)

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