No change of circumstances. The obligation of the Bank to advance the Commitment or any part thereof is subject to the further condition that at the time of the giving of the Drawdown Notice and on the Drawdown Date: (a) the representations and warranties set out in Clause 6 and in each of the Security Documents are true and correct on and as of each such time as if each was made with respect to the facts and circumstances existing at such time; (b) no Default shall have occurred and be continuing or would result from the drawdown; and (c) the Bank shall be satisfied that there has been no change in the ownership, management, operations and/or adverse change in the financial condition of any Security Party which (change) might, in the sole opinion of the Bank, be detrimental to the interests of the Bank.
Appears in 3 contracts
Samples: Loan Agreement (FreeSeas Inc.), Loan Agreement (NewLead Holdings Ltd.), Loan Agreement (FreeSeas Inc.)
No change of circumstances. The obligation of the Bank to advance the Commitment or any part thereof is subject to the further condition that at the time of the giving of the Drawdown Notice and on the Drawdown Date:
(a) the representations and warranties set out in Clause 6 and in each of the Security Documents are true and correct on and as of each such time as if each was made with respect to the facts and circumstances existing at such time;
(b) no Default shall have occurred and be continuing or would result from the drawdown; and
(c) the Bank shall be satisfied that there has been no change in the ownership, management, operations and/or adverse change in the financial condition of any Security Party and the Group which (change) might, in the sole opinion of the Bank, be detrimental to the interests of the Bank.
Appears in 2 contracts
Samples: Loan Agreement (Top Ships Inc.), Loan Agreement (NewLead Holdings Ltd.)
No change of circumstances. The obligation of the Bank to advance make the Commitment or any part thereof is subject to the further condition that at the time of the giving of the Drawdown Notice and on the Drawdown Date:
(a) the representations and warranties set out in Clause 6 and in each of the Security Documents are true and correct on and as of each such time as if each was made with respect to the facts and circumstances existing at such time;
(b) no Default shall have occurred and be continuing or would result from the drawdown; and
(c) the Bank shall be satisfied that there has been no change in the ownership, management, operations and/or material adverse change in the financial condition of any Security Party which (change) might, in the sole opinion of the Bank, be detrimental to the interests of the Bank.
Appears in 2 contracts
Samples: Loan Agreement (NewLead Holdings Ltd.), Loan Agreement (NewLead Holdings Ltd.)
No change of circumstances. The obligation of the Bank to advance the Commitment Facility or any part thereof is subject to the further condition that at the time of the giving of the Drawdown Notice and on the each Drawdown Date:
(a) the representations and warranties set out in Clause 6 and in each of the Security Documents are true and correct on and as of each such time as if each was made with respect to the facts and circumstances existing at such time;
(b) no Default shall have occurred and be continuing or would result from the drawdown; and
(c) the Bank shall be satisfied that there has been no change in the ownership, management, operations and/or adverse change in the financial condition of any Security Party which (change) might, in the sole opinion of the Bank, be detrimental to the interests of the Bank.
Appears in 1 contract
No change of circumstances. The obligation of the Bank to advance the Commitment or any part thereof to the Borrower is subject to the further condition conditions that at the time of the giving of the Drawdown Notice and on advancing the Drawdown DateCommitment:
(a) 9.04.01. the representations and warranties set out in Clause 6 8 and in each of the Security Documents are true and correct on and as of each such time as if each was made with respect to the facts and circumstances existing at such time;
(b) 9.04.02. no Event of Default shall have occurred and be continuing or would result from the drawdown; and
(c) 9.04.03. the Bank shall be satisfied that there has been no change in the ultimate ownership, management, operations and/or adverse change in the or financial condition of any Security Party which (change) change might, in the sole opinion of the Bank, be detrimental to the interests of the Bank.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
No change of circumstances. The obligation of the Bank to advance the Commitment or any part thereof and/or to allow any Transaction to be effected under the Master Agreement is subject to the further condition that at the time of the giving of the Drawdown Notice and on the Drawdown Date:
(a) the representations and warranties set out in Clause 6 and in each of the Security Documents are true and correct on and as of each such time as if each was made with respect to the facts and circumstances existing at such time;
(b) no Default shall have occurred and be continuing or would result from the drawdown; and
(c) the Bank shall be satisfied that there has been no change in the ownership, management, operations and/or adverse change in the financial condition of any Security Party which (change) might, in the sole opinion of the Bank, be detrimental to the interests of the Bank.
Appears in 1 contract