Subsequent Borrowings. (a) The obligation of the Lenders to provide funds (other than with respect to Base Rate Loans which are made pursuant to the terms hereof solely to replace existing Bankers' Acceptances which have matured in the normal course on the last day of an Interest Period therefor or pursuant to Section 5.02) to the Company upon the occasion of each Borrowing or to accept and purchase a Bankers' Acceptance hereunder is subject to the further conditions precedent that, as of the date of such Loans or acceptance and purchase and after giving effect thereto: (i) no Default or Event of Default shall have occurred and be continuing; (ii) no event or circumstance having a Material Adverse Effect shall have occurred since December 31, 1997, and (iii) the representations and warranties made by the Company in Article VII and the other Loan Documents shall be true in all material respects on and as of the date of such Borrowing with the same force and effect as if made on and as of such date and following such new Borrowing, except as such representations and warranties are modified to give effect to transactions expressly permitted hereby or to the extent expressly limited to an earlier date.
Subsequent Borrowings. The obligation of Lenders to make any Advance --------------------- hereunder is further subject to the fulfillment, to the satisfaction of Agent, the Lenders and their counsel, of each of the following conditions:
Subsequent Borrowings. After the Initial Borrowing, each subsequent borrowing of Loans will be in an aggregate principal amount not to exceed (A) the sum of the aggregate Budgeted Disbursement Amounts plus the aggregate Budgeted Restructuring Related Amounts plus the aggregate amount set forth across from the line-item in the Loan Budget then in effect titled “Total Debt Service,” in each case for the week following the proposed borrowing date in accordance with the Loan Budget then in effect multiplied by (B) 120% (or, in the case of this subclause (B), such larger amount as is otherwise approved by the Administrative Agent). Notwithstanding the foregoing, the Borrower shall only be permitted to draw when Borrower’s unrestricted cash and cash equivalents is equal to or less than $12,500,000.
Subsequent Borrowings. The obligation of any Lenders to make advances of any Term Loans pursuant to Section 2.13 is subject to satisfaction in each instance of the following conditions precedent:
Subsequent Borrowings. In the event of an Increase under Section 2.17, Borrower shall give written notice in the form of a Commitment Loan Notice to Administrative Agent of the proposed Borrowing of the Term Loans not later than (a) in the case of a Base Rate Loan, 11:00 a.m. at least one Business Day prior to the proposed date of such Borrowing, and (b) in the case of a Eurodollar Rate Loan, 11:00 a.m. at least one Business Day prior to the proposed date of such Borrowing (or, in each case, such shorter period as may be agreed to by Administrative Agent). Each such Commitment Loan Notice shall be effective upon receipt by Administrative Agent, shall be irrevocable, and shall specify the date, amount and type of Borrowing and, in the case of a Eurodollar Rate Loan, the initial Interest Period therefor. Promptly upon receipt of such notice, Administrative Agent shall advise each Lender with a Term Loan Commitment thereof. Not later than 11:00 a.m. on the date of the proposed Term Loan Borrowing, so long as neither the Administrative Agent nor each Lender has received written notice that the conditions precedent set forth in Section 4 with respect to such Borrowing have not been satisfied, each Lender with a Term Loan Commitment shall wire, in immediately available funds, such Lender’s Applicable Share of such Borrowing as to the accounts and Persons specified in the Commitment Loan Notice (and each Lender agrees to confirm in writing (including by e-mail) to the Administrative Agent that it has funded its Applicable Share of such Borrowing (it being agreed by each of the parties hereto that Administrative Agent may conclusively rely on such written confirmation from a Lender as evidence that such Lender has in fact funded its Applicable Share of such Borrowing)). The failure of a Lender to fund its Applicable Share of a Term Loan required hereunder shall not relieve any other Lender of its obligation to fund its Applicable Share of such Term Loan, but neither any other Lender nor Administrative Agent shall be responsible for the failure of any Lender to fund its Applicable Share of any Term Loan required hereunder. The Borrowing shall be on a Business Day.
Subsequent Borrowings. 18 Article VII: Representations and Warranties
Subsequent Borrowings. Any telephonic request for a Borrowing by Borrower shall be promptly confirmed by submission of a properly completed Borrowing Request Form to Lender, but failure to deliver a Borrowing Request Form shall not be a defense to payment of the Borrowing. Lender shall have no liability to Borrower for any loss or damage suffered by Borrower as a result of Lender’s honoring of any requests, execution of any instructions, authorizations or agreements or reliance on any reports communicated to it telephonically or electronically by email and purporting to have been sent to Lender by Borrower and Lender shall have no duty to verify the origin of any such communication or the identity or authority of the Person sending it. Subject to the terms and conditions of this Agreement, each Borrowing shall be made available to Borrower by depositing the same, in immediately available funds, in an account of Borrower designated by Borrower maintained with Lender. If, after giving effect to a requested Borrowing, the Lender determines (either then or on any later day in the course of reviewing the same) that (i) the Borrowing Request Form submitted to it is incomplete or incorrect in any material respect, then the Lender shall use commercially reasonable efforts to promptly inform Borrower of such incomplete or incorrect Borrowing Request Form and withhold the entire Borrowing until Borrower shall have demonstrated to the Lender’s reasonable satisfaction that such Borrowing Request Form is in fact not (or is no longer) incomplete or incorrect in any material respect or (ii) the amount of the requested Borrowing exceeds the amount available to Borrower under the terms and conditions of this Agreement, then the Lender shall use commercially reasonable efforts to promptly inform Borrower thereof and shall withhold that portion of the Borrowing that exceeds the amount available to Borrower under the terms and conditions of this Agreement.
Subsequent Borrowings. The obligation of the Lender to disburse any draw or Borrowing on the Revolving Credit Line, or to make any subsequent loan or other extension of credit is subject to: (a) the prior satisfaction of all conditions stated above in Sections 2.1(a) and 2.1(c); (b) the satisfaction as of the date of such disbursement, conversion or subsequent loan or other extension of credit of the conditions stated above in Section 2.1(b); and (c) the delivery to the Lender of such additional Loan Documents as may have been reasonably requested by the Lender in respect to such conversion, subsequent loan or other extension of credit.
Subsequent Borrowings. Each Borrowing (other than the Initial Borrowing) up to the amount of the total Commitments shall only be made if:
Subsequent Borrowings. Bank’s obligation to make the Secondary Term Loan and Mortgage Term Loan is subject to the conditions that as of the date the Secondary Term Loan and Mortgage Term Loan are made:
