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. (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.
(b) Each notice of Borrowing, conversion or renewal (other than 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) and election for acceptance or renewal of a Bankers' Acceptance by the Company hereunder shall constitute a certification by the Company to the effect set forth in the preceding sentence (both as of the date of such notice and, unless the Company otherwise notifies the Administrative Agent, immediately following such Borrowing).
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. 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. 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. 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:
Subsequent Borrowings. (a) At the time of making of each Borrowing:
(i) all of the representations and warranties made or deemed to be made under SECTIONS 5.1(A) (insofar as it pertains to continued existence of the Borrower), 5.1(G), 5.1(H), 5.1(J), 5.1(O), 5.1(Q) AND 5.1(S) shall be true and correct at such time both with and without giving effect to the Borrowing to be made at such time and the application of the proceeds thereof, and
(ii) the corporate actions of the Borrower referred to in SECTION 4.1(A)(II) shall remain in full force and effect and the incumbency of the officers or other persons authorized to act on behalf of the Borrower shall be as stated in the certificates of incumbency delivered pursuant to SECTION 4.1(A)(III) or as subsequently modified and reflected in a certificate of incumbency delivered to the Agent.
(b) Each Notice of Borrowing shall constitute a certification to the effect set forth in CLAUSES (A)(I) and (II) above by the Borrower to the Agent for the benefit of the Lenders and the Agent may, without waiving either condition, consider the conditions specified in SECTION 4.2(A)(I) and (II) fulfilled and a certification by the Borrower to such effect made, if no written notice to the contrary is received by the Agent prior to the making of the Borrowing then to be made.
Subsequent Borrowings. The obligation of any Bank to make a Loan on the occasion of any Borrowing subsequent to the Closing Date is subject to the satisfaction of the conditions specified in clauses (a), (b) and (c) of Section 3.01. Each Borrowing hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing as to the facts specified in clauses (b) and (c) of Section 3.01.
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. 18 Article VII: Representations and Warranties
