Notice of Borrowing; Letter of Credit Request. The Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect to each incurrence of Loans, and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit. The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by each Credit Party to each of the Banks that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Agent at its Notice Office for the account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent and the Required Banks.
Appears in 3 contracts
Samples: Credit Agreement (Wesley Jessen Holding Inc), Credit Agreement (Nutraceutical International Corp), Credit Agreement (Dade International Inc)
Notice of Borrowing; Letter of Credit Request. The Prior to the incurrence of any Loan, the Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect 1.03. Prior to each incurrence the issuance of Loansany Letter of Credit, and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit2.02. The occurrence of the Effective Date and the acceptance of the benefits of each other Credit Event shall constitute a representation and warranty by each Credit Party to each of the Banks that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Agent at its Notice Office for the account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent and the Required Banks.
Appears in 2 contracts
Samples: Credit Agreement (Therma Wave Inc), Credit Agreement (Therma Wave Inc)
Notice of Borrowing; Letter of Credit Request. The Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect to each incurrence of Loans, ; and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit. The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by each Credit Party to the Agent and Co-Agent and each of the Banks Lenders that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Agent at its the Notice Office for the account of each of the Banks Lenders and, except for the Notes, in sufficient counterparts for each of the Banks Lenders and shall be reasonably satisfactory in form and substance to the Agent and Co-Agent and the Required BanksLenders.
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Di Industries Inc), Reducing Revolving Credit Agreement (Di Industries Inc)
Notice of Borrowing; Letter of Credit Request. The Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect to each incurrence of Loans, ; and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit. The occurrence of the Restatement Effective Date and the acceptance of the benefits of each Credit Event shall constitute a representation and warranty by each Credit Party to each of the Banks that all of the applicable conditions specified above exist as of the Restatement Effective Date or the date of such Credit Event, as the case may be. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Agent at its Notice Office for the account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent and the Required Banks.
Appears in 1 contract
Samples: Credit Agreement (Waters Corp /De/)
Notice of Borrowing; Letter of Credit Request. The Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect to each incurrence of Loans, and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit. The acceptance of the benefits of each Credit Event shall constitute a representation repre sentation and warranty by each Credit Party to each of the Banks that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise other wise specified, shall be delivered to the Agent at its Notice Office for the account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent and the Required Banks.
Appears in 1 contract
Notice of Borrowing; Letter of Credit Request. The Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect to each incurrence of Loans, and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit. The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by each Credit Party to each of the Banks that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Agent at its Notice Office for the account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent and the Required Banks.
Appears in 1 contract
Samples: Credit Agreement (Labtec Inc /Ma)
Notice of Borrowing; Letter of Credit Request. The Agent shall --------------------------------------------- have received a Notice of Borrowing satisfying the requirements of Section 1.03 with respect to each incurrence of Loans, and the Agent and the respective Letter of Credit Issuer shall have received a Letter of Credit Request satisfying the requirements of Section 2.02 with respect to each issuance of a Letter of Credit. The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by each Credit Party to each of the Banks that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 5, unless otherwise other wise specified, shall be delivered to the Agent at its Notice Office for the account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent and the Required Banks.
Appears in 1 contract