Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), if on the date of the Utilisation Request and on the proposed Utilisation Date: (a) no Default is continuing or would result from the proposed Utilisation; and (b) the Repeating Representations to be made by each Obligor are true.
Appears in 4 contracts
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), ) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(ai) no Default is continuing or would result from the proposed Utilisation; and
(bii) the Repeating Representations to be made by each Obligor are truetrue in all material respects.
Appears in 2 contracts
Samples: Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation), ) if on the date of the a Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) the Repeating representations and warranties contained in clause 20 (Representations and warranties) deemed to be made by each Obligor repeated on those dates are truetrue and correct in all material respects.
Appears in 2 contracts
Samples: Secured Credit Facility Agreement, Secured Credit Facility Agreement (Seadrill Partners LLC)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation), ) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) all of the Repeating Representations to be made by each Obligor representations set out in clause 18 (Representations) are true.
Appears in 2 contracts
Samples: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation)) in relation to any Utilisation, if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed UtilisationLoan; and
(b) the Repeating Representations to be made by each Obligor are truetrue in all material respects.
Appears in 2 contracts
Samples: Facility Agreement (Aluminum Corp of China), Senior Secured Facility Agreement (Aluminum Corp of China)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedentconditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), ) in relation to a Utilisation if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and;
(b) the Repeating Representations to be made by each Obligor are true.;
(c) no Exemption Event has occurred and is continuing; and
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), ) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) the Repeating Representations which are or which are deemed to be made or repeated by each Obligor on such date pursuant to Clause 19.20 (Times on which representations are truemade) are true in all material respects.
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation), ) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed UtilisationLoans; and
(b) the Repeating Representations representations and warranties deemed to be made by each Obligor the Borrower pursuant to paragraph (a) of Clause 17.18 (Repetition) are truetrue in all material respects.
Appears in 1 contract
Samples: Term Loan Facilities Agreement (Sterlite Industries (India) LTD)
Further conditions precedent. Subject to Clause 4.1 4.2 (Initial Conditions Precedentconditions precedent to Utilisation), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) in relation to any Utilisation on the Repeating Representations Closing Date, all the representations and warranties in Clause 20 (Representations) to be made by each Obligor are true.
Appears in 1 contract
Samples: Facility Agreement (Cascal N.V.)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedentconditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation), if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) in relation to any Utilisation on the date of this Agreement, all the representations and warranties in Clause 20 (Representations) or, in relation to any other Utilisation, the Repeating Representations Representations, to be made by each Obligor are true.
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders The Lender will only be obliged to comply with Clause 5.4 (Lenders’ participation), Lender’s participations) only if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default or Mandatory Prepayment Event is continuing or would result from the proposed UtilisationLoan; and
(b) the Repeating Representations representations to be made by each Obligor are truetrue in all material respects.
Appears in 1 contract
Samples: Facility Agreement (Cheng Zheng)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), Participation) if on the date of the a Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) the Repeating representations and warranties contained in Clause 20 (Representations and Warranties) deemed to be made by each Obligor repeated on those dates are truetrue and correct in all material respects.
Appears in 1 contract
Samples: China Eca Facility Framework Agreement (Seadrill Partners LLC)
Further conditions precedent. Subject to Clause clause 4.1 (Initial Conditions Precedentconditions precedent), the Lenders will only be obliged to comply with Clause clause 5.4 (Lenders’ participation), ) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) all the Repeating Representations representations and warranties in clause 20 (Representations) to be made by each Obligor are true.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders The Lender will only be obliged to comply with Clause 5.4 (Lenders’ participation), ) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed UtilisationLoan; and
(b) the Repeating Representations to be made by each Obligor are truetrue in all material respects.
Appears in 1 contract
Samples: Loan Agreement (Tiffany & Co)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), ) in respect of a proposed Utilisation if on the date of the Utilisation Request and on the proposed Utilisation Date:
, all conditions precedent set out in Part B of Schedule 2 (aConditions Precedent) no Default is continuing or would result from the proposed Utilisation; and
have been satisfied in accordance with Clause 4.3 (b) the Repeating Representations to be made by each Obligor are trueSatisfaction of conditions precedent).
Appears in 1 contract
Samples: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 clause 5.5 (Lenders’ participation), if ) if:
(a) on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) Date no Event of Default is continuing or would result from the proposed Utilisation; and
(b) on the Repeating Representations to be made by each Obligor date of the Utilisation Request and on the proposed Utilisation Date, all of the representations set out in clause 18 (Representations) are true.
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ ' participation), if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) all the Repeating Representations to be made by each Obligor representations and warranties in Clause 24 (Representations) are truetrue and correct in all material respects.
Appears in 1 contract
Samples: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the The Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation)) if, if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation;
(b) no Review Event would result from the proposed Utilisation; and
(bc) the Repeating Representations representations and warranties set out in Clause 17 (Representations) to be made by each Obligor are truein all material respects correct and not misleading.
Appears in 1 contract
Samples: Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedentconditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) in relation to any Utilisation on the date of this Agreement, all the representations and warranties in Clause 20 (Representations) or, in relation to any other Utilisation, the Repeating Representations Representations, to be made by each Obligor are true.
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedentconditions precedent), the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), in relation to a Utilisation other than one to which Clause 4.4 (Utilisations during the Certain Funds Period) applies, if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed Utilisation; and
(b) the Repeating Representations to be made by each Obligor are truetrue and correct in all material respects.
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), ) the Lenders will only be obliged to comply with Clause 5.4 (Lenders’ participation), Lenders Participation) if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed UtilisationLoan; and
(b) the Repeating Representations to be made by each Obligor are truetrue in all material respects.
Appears in 1 contract
Further conditions precedent. Subject to Clause 4.1 (Initial Conditions Precedent), the Lenders Lender will only be obliged to comply with Clause 5.4 (Lenders’ Lender’s participation), if on the date of the Utilisation Request and on the proposed Utilisation Date:
(a) no Default is continuing or would result from the proposed UtilisationLoan; and
(b) the Repeating Representations to be made by each Obligor are truetrue in all material respects.
Appears in 1 contract