Common use of Lending Restrictions Clause in Contracts

Lending Restrictions. Notwithstanding any other provision of this Agreement or the other Restructure Documents, any advance herein provided for will not be required to be made by the Lender: (a) if after making such advance, the Lender would, as determined in the sole discretion of the Lender, exercised in good faith, be in violation of any regulatory requirements imposed by any branch of government of the United States of America or any state thereof; (b) if any event of Default (as defined in Section 12 below) has occurred and has not been cured by Industries and Machine or waived by the Lender; (c) if, since the Closing Date and up to the date of the advance request, any litigation or governmental proceeding has been instituted against Industries, Machine, any Guarantor or any of the Collateral (defined below), which, if decided adversely, will, in the reasonable opinion of the Lender, adversely affect to a material extent, the financial condition or continued operation of Industries or Machine; or (d) if, since the Closing Date and up to the date of the advance request, any loss, destruction, liens, claims, or encumbrances against any of the Collateral (other than those in favor of the Lender) have occurred, been made or filed and have not been removed or settled to the satisfaction of the Lender.

Lending Restrictions. Notwithstanding any other provision of this Agreement or the other Restructure Loan Documents, any advance herein provided for will not be required to be made by the Lender: (a) if after making such advance, the Lender would, as determined in the sole discretion of the Lender, exercised in good faith, be in violation of any regulatory requirements imposed by any branch of government of the United States of America or any state thereof; (b) if any event of Default (as defined in Section 12 below) has occurred and has not been cured by Industries and Machine a borrower or waived by the Lender; (c) if, since the Closing Date the date of this Agreement and up to the date of the advance request, any litigation or governmental proceeding has been instituted against Industries, Machine, any Guarantor a Borrower or any of the Collateral (defined below)Collateral, which, if decided adversely, will, in the reasonable opinion of the Lender, adversely affect to a material extent, the financial condition or continued operation of Industries or Machinea Borrower; or (d) if, since the Closing Date date of this Agreement and up to the date of the advance request, any loss, destruction, liens, claims, claims or encumbrances against any of the Collateral (other than those in favor of the Lender) have occurred, been made or filed and have not been removed or settled to the satisfaction of the Lender.

Lending Restrictions. Notwithstanding any other provision of this Agreement or the other Restructure Loan Documents, any advance herein provided for will not be required to be made by the Lender: (a) if after making such advance, the Lender would, as determined in the sole discretion of the Lender, exercised in good faith, be in violation of any regulatory requirements imposed by any branch of government of the United States of America or any state thereof; (b) if any event of Default (as defined in Section 12 below) has occurred and has not been cured by Industries and Machine the Borrower or waived by the Lender; (c) if, since the Closing Date and up to the date of the advance request, any litigation or governmental proceeding has been instituted against Industriesthe Borrower, Machine, any the Guarantor or any of the Collateral (defined below)Collateral, which, if decided adversely, will, in the reasonable opinion of the Lender, adversely affect to a material extent, the financial condition or continued operation of Industries or Machinethe Borrower; or (d) if, since the Closing Date and up to the date of the advance request, any loss, destruction, liens, claims, claims or encumbrances against any of the Collateral (other than those in favor of the Lender) have occurred, been made or filed and have not been removed or settled to the satisfaction of the Lender.