Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan or to issue any Letter of Credit hereunder upon the occasion of each borrowing or issuance of a Letter of Credit hereunder (including the initial borrowing) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance of such Letter of Credit and also after giving effect thereto and to the intended use thereof: (a) no Default shall have occurred and be continuing. (b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor in Section 8 hereof, and by each Obligor in each of the other Loan Documents to which it is a party, shall be true and complete on and as of the date of the making of such Loan or other extension of credit with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Samples: Credit Agreement (Applied Business Telecommunications)
Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan or otherwise extend any credit to issue any Letter of Credit hereunder either Obligor upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including the initial borrowingborrowings and continuation of the Term Loans and the Revolving Credit Loans contemplated to occur on the Effective Date) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance other extension of such Letter of Credit credit and also after giving effect thereto and to the intended use thereof:
(a) no Default shall have occurred and be continuing.; and
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor each Obligor in Section 8 hereof, hereof and by each Obligor in each of the other Loan Documents Basic Document to which it such Obligor is a party, shall be true and complete in all material respects on and as of the date of the making of such Loan or other extension of credit (and after giving effect thereto) with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower Company hereunder shall constitute a certification by the Borrower Company to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower Company otherwise notifies the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan or otherwise extend any credit to issue any Letter of Credit hereunder the Borrowers upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including the initial borrowing) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance other extension of such Letter of Credit credit and also after giving effect thereto and to the intended use thereof:: Table of Contents
(a) no Default shall have occurred and be continuing.; and
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor Borrowers in Section 8 hereof7, and by each Obligor in each of the other Loan Documents to which it is a party, shall be true and complete in all material respects (provided that any representation already qualified by materiality or “Material Adverse Effect” shall be true and correct in all respects) on and as of the date of the making of such Loan or other extension of credit with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower Borrowers hereunder shall constitute a certification by the Borrower Borrowers to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower Borrowers otherwise notifies notify the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan or otherwise extend any credit to issue any Letter of Credit hereunder the Company upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including the initial borrowingborrowings and continuation of the Term Loans and the Revolving Credit Loans contemplated to occur on the Effective Date) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance other extension of such Letter of Credit credit and also after giving effect thereto and to the intended use thereof:
(a) no Default shall have occurred and be continuing.; and
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor each Obligor in Section 8 hereof, hereof and by each Obligor in each of the other Loan Documents Credit Document to which it such Obligor is a party, shall be true and complete in all material respects on and as of the date of the making of such Loan or other extension of credit (and after giving effect thereto) with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower Company hereunder shall constitute a certification by the Borrower Company to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower Company otherwise notifies the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan or otherwise extend any credit to issue any Letter of Credit hereunder either Obligor upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including and upon the initial borrowingamendment and restatement of the Existing Credit Agreement to be effected hereby) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance other extension of credit (and such Letter of Credit amendment and restatement) and also after giving effect thereto and to the intended use thereof:
(a) no Default shall have occurred and be continuing.; and
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor each Obligor in Section 8 hereof, hereof and by each Obligor in each of the other Loan Documents Credit Document to which it such Obligor is a party, shall be true and complete in all material respects on and as of the date of the making of such Loan or other extension of credit (and after giving effect thereto) with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the a Borrower hereunder shall constitute a certification by the such Borrower to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the such Borrower otherwise notifies the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan or otherwise extend credit to issue any Letter of Credit hereunder the Borrower upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including the initial borrowingcontinuance of any Existing Facility A Term Loan or Existing Revolving Credit Loan on the Effective Date and any other extension of credit on the Effective Date) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance other extension of such Letter of Credit credit and also after giving effect thereto and to the intended use thereof:
(a) no Default shall have occurred and be continuing.; and
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor Borrower in Section 8 hereof, and by each Obligor in each of the other Loan Documents to which it is a party, shall be true and complete on and as of the date of the making of such Loan or other extension of credit with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date (it being understood that references to "the date hereof" are references to a specific date), as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Samples: Credit Agreement (Panavision Inc)
Initial and Subsequent Extensions of Credit. The obligation of ------------------------------------------- the Lenders to make any Loan Loan, including, without limitation, the obligation to create and discount any Bankers' Acceptance, or otherwise extend any credit to issue any Letter of Credit hereunder the Borrowers upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including the initial borrowing) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance creation and discount of such Letter Bankers' Acceptance or other extension of Credit credit and also after giving effect thereto and to the intended use thereof:
(a) no Default shall have occurred and be continuing.;
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor Obligors in Section 8 hereof, and by each Obligor of the Group Members in each of the other Loan Basic Documents to which it is a party, shall be true and complete on and as of the date of the making of such Loan or other extension of credit with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date); and
(c) PGI shall not have requested a release of any Collateral as contemplated in the German Security Documents. Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower Borrowers hereunder shall constitute a certification by the Borrower Borrowers to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower Borrowers otherwise notifies notify the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).. Credit Agreement ----------------
Appears in 1 contract
Samples: Credit Agreement (Fabrene Group Inc)
Initial and Subsequent Extensions of Credit. The CREDIT AGREEMENT obligation of ------------------------------------------- the Lenders to make any Loan or otherwise extend credit to issue any Letter of Credit hereunder the Borrower upon the occasion of each borrowing or issuance other extension of a Letter of Credit credit hereunder (including the initial borrowing) is subject to the further conditions precedent that, both immediately prior to the making of such Loan or the issuance other extension of such Letter of Credit credit and also after giving effect thereto and to the intended use thereof:
(a) no Default shall have occurred and be continuing.; and
(b) the representations and warranties made by the Borrower, the Company and the Parent Guarantor Borrower in Section 8 hereof, and by each Obligor in each of the other Loan Documents to which it is a party, shall be true and complete on and as of the date of the making of such Loan or other extension of credit with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date (it being understood that references to "the date hereof" are references to a specific date), as of such specific date). Each notice of borrowing or request for the issuance of a Letter of Credit by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice or request and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).
Appears in 1 contract
Samples: Credit Agreement (Panavision Inc)