No Default or Event of Default; Representations and Warranties True. Both immediately prior to the making of such Loan or other extension of credit and also after giving effect thereto and to the intended use thereof: (i) no Default or Event of Default shall have occurred and be continuing; (ii) each of the representations and warranties made by the Credit Parties in Article VIII and by each Credit Party in each of the other Credit Documents to which it is a party shall be true and correct in all material 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 (it being understood and agreed that any such representation or warranty which by its terms is made as of an earlier date shall be required to be true and correct in all material respects only as such earlier date, and that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects on the applicable date); and (iii) from and after December 31, 2015 and until the Xxxx Massachusetts Project Opening Date, if the Credit Parties have not received Equity Contributions as of such date in an amount equal to or greater than the Equity Contribution Threshold, the aggregate amount of all Revolving Loans outstanding (after giving effect to the requested Revolving Loan) shall not exceed the amount of the Equity Contributions made on or prior to the date such Revolving Loan is made; provided, that prior to the Xxxx Massachusetts Project Opening Date Borrower shall not be required to satisfy the conditions in this Section 7.02(a)(iii) in connection with any Loan requested by Borrower to be utilized solely to pay interest or fees due and payable or to become due and payable under this Agreement.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)
No Default or Event of Default; Representations and Warranties True. Both immediately prior to the making of such Loan or other extension of credit and also after giving effect thereto and to the intended use thereof:
(i) no Default or Event of Default shall have occurred and be continuing;
(ii) each of the representations and warranties made by the Credit Parties in Article VIII and by each Credit Party in each of the other Credit Documents to which it is a party shall be true and correct in all material 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 (it being understood and agreed that any such representation or warranty which by its terms is made as of an earlier date shall be required to be true and correct in all material respects only as such earlier date, and that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects on the applicable date); and
(iii) from and after December 31, 2015 and until the Xxxx Wynn Massachusetts Project Opening Date, if the Credit Parties have not received Equity Contributions as of such date in an amount equal to or greater than the Equity Contribution Threshold, the aggregate amount of all Revolving Loans outstanding (after giving effect to the requested Revolving Loan) shall not exceed the amount of the Equity Contributions made on or prior to the date such Revolving Loan is made; provided, that prior to the Xxxx Wynn Massachusetts Project Opening Date Borrower shall not be required to satisfy the conditions in this Section 7.02(a)(iii) in connection with any Loan requested by Borrower to be utilized solely to pay interest or fees due and payable or to become due and payable under this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)
No Default or Event of Default; Representations and Warranties True. Both immediately prior to the making of such Loan or other extension of credit and also after giving effect thereto and to the intended use thereof:
(i) no Default or Event of Default shall have occurred and be continuingcontinuing (provided that this clause (i) shall not apply to any extensions of credit pursuant to (x) an Incremental Commitment to the extent provided in Section 2.12 and the applicable Incremental Joinder Agreement or (y) Extended Term Loans and/or Extending Revolving Commitments, as applicable, to the extent provided in Section 2.13 and the applicable Extension Amendment);
(ii) each of the representations and warranties made by the Credit Parties in Article VIII and or by each Credit Party in each of the other Credit Documents to which it is a party shall be true and correct in all material 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 (it being understood and agreed that any such representation or warranty which by its terms is made as of an earlier date shall be required to be true and correct in all material respects only as such earlier date, and that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects on the applicable date) (provided that this clause (ii) shall not apply to any extensions of credit pursuant to (x) an Incremental Commitment to the extent provided in Section 2.12 and the applicable Incremental Joinder Agreement or (y) Extended Term Loans and/or Extending Revolving Commitments, as applicable, to the extent provided in Section 2.13 and the applicable Extension Amendment); and
(iii) from and after December 31, 2015 and until the Xxxx Massachusetts Project Opening Date, if the Credit Parties have not received Equity Contributions as sum of such date in an amount equal to or greater than the Equity Contribution Threshold, the aggregate amount of all the outstanding Revolving Loans plus the aggregate outstanding (after giving effect to the requested Revolving Loan) L/C Liabilities shall not exceed the amount of the Equity Contributions made on or prior to the date such Total Revolving Loan is made; provided, that prior to the Xxxx Massachusetts Project Opening Date Borrower shall not be required to satisfy the conditions Commitments then in this Section 7.02(a)(iii) in connection with any Loan requested by Borrower to be utilized solely to pay interest or fees due and payable or to become due and payable under this Agreementeffect.
Appears in 2 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD)
No Default or Event of Default; Representations and Warranties True. Both immediately prior to the making of such Loan or other extension of credit and also after giving effect thereto and to the intended use thereof:
(i) no Default or Event of Default shall have occurred and be continuingcontinuing (provided that this clause (i) shall not apply to any extensions of credit pursuant to (x) an Incremental Commitment to the extent provided in Section 2.12 and the applicable Incremental Joinder Agreement or (y) Extended Term Loans and/or Extended Revolving Commitments, as applicable, to the extent provided in Section 2.13 and the applicable Extension Amendment);
(ii) each of the representations and warranties made by the Credit Parties in Article VIII and or by each Credit Party in each of the other Credit Documents to which it is a party shall be true and correct in all material 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 (it being understood and agreed that any such representation or warranty which by its terms is made as of an earlier date shall be required to be true and correct in all material respects only as such earlier date, and that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects on the applicable date) (provided that this clause (ii) shall not apply to any extensions of credit pursuant to (x) an Incremental Commitment to the extent provided in Section 2.12 and the applicable Incremental Joinder Agreement or (y) Extended Term Loans and/or Extended Revolving Commitments, as applicable, to the extent provided in Section 2.13 and the applicable Extension Amendment); and
(iii) from and after December 31, 2015 and until the Xxxx Massachusetts Project Opening Date, if the Credit Parties have not received Equity Contributions as sum of such date in an amount equal to or greater than the Equity Contribution Threshold, the aggregate amount of all the outstanding Revolving Loans plus the aggregate outstanding (after giving effect to the requested Revolving Loan) L/C Liabilities shall not exceed the amount of the Equity Contributions made on or prior to the date such Total Revolving Loan is made; provided, that prior to the Xxxx Massachusetts Project Opening Date Borrower shall not be required to satisfy the conditions Commitments then in this Section 7.02(a)(iii) in connection with any Loan requested by Borrower to be utilized solely to pay interest or fees due and payable or to become due and payable under this Agreementeffect.
Appears in 1 contract
Samples: Credit Agreement (Wynn Resorts LTD)