Each Loan. The Lender shall not be required to make any Loan (other than a Loan that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: (i) there exists no Default or Unmatured Default; (ii) the representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate as a condition to making a Loan.
Appears in 3 contracts
Samples: Credit Agreement (Tri State Outdoor Media Group Inc), Credit Agreement (Bingham Financial Services Corp), Credit Agreement (Origen Financial Inc)
Each Loan. The No Lender shall not be required to make any Loan (other than a Loan that, including its initial Loan) hereunder unless on the applicable Borrowing Date:
(i) There exists no Default or Unmatured Default.
(ii) Before and after giving effect thereto to such Loan and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: (i) there exists no Default or Unmatured Default; (ii) the representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct in all material respects on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate as a condition to making a Loan.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (General Dynamics Corp), Five Year Credit Agreement (General Dynamics Corp), 364 Day Credit Agreement (General Dynamics Corp)
Each Loan. The Lender shall not be required to make any Loan (other ---------- than a Loan that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: (i) there exists no Default or Unmatured Default; (ii) the representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate as a condition to making a Loan.
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Each Loan. The Lender Lenders shall not be required to make any Loan (other than a Loan that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: date of such Loan:
(i) there exists no No Default or Unmatured Default; Default exists or would result from such Loan.
(ii) the The representations and warranties contained in Article V (other than, in the case of each Loan to be made after the date of the initial Loan, Sections 5.5 and 5.7) are true and correct in all material respects as of the date of such Borrowing Date Loan except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct on and as of such earlier date; and .
(iii) all All legal matters incident to the making of such Loan shall be satisfactory to the Lender Lenders and its counseltheir counsel (including evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Loan). Each delivery of a Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Any Lender may require delivery of a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making a Loan.
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Each Loan. The Lender shall not be required to make any Loan (other than a Loan that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: :
(i) there There exists no Default or Unmatured Default; ;
(ii) the The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date; and and
(iii) all All legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate Compliance Certificate as a condition to making a Loan.
Appears in 1 contract
Samples: Credit Agreement (Rockshox Inc)
Each Loan. The Lender shall not be required to make any Loan (other than a Loan that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), or issue a Letter of Credit, unless on the applicable Borrowing Date: (i) there exists no Default Default, or Unmatured Default; (ii) the representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate as a condition to making a Loan.
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Each Loan. The No Lender shall not be required to make any Loan (other than a Ratable Loan that, after giving effect thereto and made to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), repay a Swing Line Loan pursuant to Section 2.6.4) unless on the applicable Borrowing Date: :
(i) there exists no No Default or Unmatured Default; Default exists or will result therefrom.
(ii) the The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct on and as of such earlier date; and .
(iii) all All legal matters incident to the making of such Loan shall be reasonably satisfactory to the Lender Administrative Agent and its counsel. Each Borrowing Notice with respect to an Advance and each such request for a Swing Line Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(isubsections (i) and (ii) above have been satisfied. The Lender may require For the avoidance of doubt, the conversion or continuation of a duly completed compliance certificate as a condition to Ratable Loan shall not constitute the making of a Loan.
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