Common use of Subsequent Legal Opinions Clause in Contracts

Subsequent Legal Opinions. If, at the time of the making of any Loan or the issuance of any Letter of Credit subsequent to the Effective Date, the Administrative Agent or the Required Banks shall have reasonably determined that any facts, circumstances or conditions exist which could reasonably be expected to adversely affect either (x) the ability of counsel to issue at such time the legal opinions originally delivered pursuant to Section 4.03 or (y) the perfection of any of the security interests created pursuant to any Security Document, and the Administrative Agent or the Required Banks shall have requested the Borrower to deliver one or more opinions of counsel covering such of the matters set forth in the opinions of counsel theretofore delivered pursuant to Section 4.03 as the Administrative Agent or the Required Banks shall specify, then prior to the incurrence of such Loan or the issuance of such Letter of Credit the Administrative Agent shall have received from counsel (who shall be reasonably satisfactory to the Administrative Agent) an opinion in form and substance reasonably satisfactory to the Administrative Agent, addressed to the Administrative Agent and each of the Banks and dated the date of such Loan or Letter of Credit, covering the matters so specified. The acceptance of the proceeds of each Loan and the issuance of each Letter of Credit shall constitute a representation and warranty by the REIT and the Borrower to the Administrative Agent, each of the Banks and the Issuing Bank that all the conditions specified in this Section 5 and applicable to such Loan exist as of that time (except to the extent that any of the conditions specified in this Section 5 are required to be satisfactory to or determined by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent or otherwise expressly calls for a subjective determination to be made by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent). All of the certificates and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the benefit of each of the Banks.

Subsequent Legal Opinions. If, at the time of the making of any Loan or the issuance of any Letter of Credit subsequent to the Effective Date, the Administrative Agent or the Required Banks shall have reasonably determined that any facts, circumstances or conditions exist which could reasonably be expected to adversely affect either (x) the ability of counsel to issue at such time the legal opinions originally delivered pursuant to Section 4.03 or (y) the perfection of any of the security interests created pursuant to any Security Document, and the Administrative Agent or the Required Banks shall have requested the Borrower to deliver one or more opinions of counsel covering such of the matters set forth in the opinions of counsel theretofore delivered pursuant to Section 4.03 as the Administrative Agent or the Required Banks shall specify, then prior to the incurrence of such Loan or the issuance of such Letter of Credit Loan, the Administrative Agent shall have received from counsel (who shall be reasonably satisfactory to the Administrative Agent) an opinion in form and substance reasonably satisfactory to the Administrative Agent, addressed to the Administrative Agent and each of the Banks and dated the date of such Loan or Letter of CreditLoan, covering the matters so specified. The acceptance of the proceeds of each Loan and the issuance of each Letter of Credit shall constitute a representation and warranty by the REIT and the Borrower to the Administrative Agent, each of the Banks and the Issuing Bank that all the conditions specified in this Section 5 and applicable to such Loan exist as of that time (except to the extent that any of the conditions specified in this Section 5 are required to be satisfactory to or determined by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent or otherwise expressly calls for a subjective determination to be made by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent). All of the certificates and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the benefit of each of the Banks.

Subsequent Legal Opinions. If, at the time of the making of any Revolving Loan or the issuance of any Letter of Credit subsequent to the Effective Date, the Administrative Agent or the Required Banks shall have reasonably determined that any facts, circumstances or conditions exist which could reasonably be expected to adversely affect either (x) the ability of counsel to issue at such time the legal opinions originally delivered pursuant to Section 4.03 or (y) the perfection of any of the security interests created pursuant to any Security Document, and the Administrative Agent or the Required Banks shall have requested the Borrower to deliver one or more opinions of counsel covering such of the matters set forth in the opinions of counsel theretofore delivered pursuant to Section 4.03 as the Administrative Agent or the Required Banks shall specify, then prior to the incurrence of such Revolving Loan or the issuance of such Letter of Credit the Administrative Agent shall have received from counsel (who shall be reasonably satisfactory to the Administrative Agent) an opinion in form and substance reasonably satisfactory to the Administrative Agent, addressed to each of the Administrative Agent Agents and each of the Banks and dated the date of such Loan or Letter of CreditRevolving Loan, covering the matters so specified. The acceptance of the proceeds of each Revolving Loan and the issuance of each Letter of Credit shall constitute a representation and warranty by the REIT Holdings, HMC Capital and the Borrower to each of the Administrative Agent, Agents and each of the Banks and the Issuing Bank that all the conditions specified in this Section 5 and applicable to such Revolving Loan exist as of that time (except to the extent that any of the conditions specified in this Section 5 are required to be satisfactory to or determined by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent or otherwise expressly calls for a subjective determination to be made by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent). All of the certificates and other documents and papers referred to in this Section 5, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the benefit of each of the Banks.

Subsequent Legal Opinions. If, at the time of the making of any Loan or the issuance of any Letter of Credit Event subsequent to the Restatement Effective Date, the Administrative Agent or the Required Banks shall have (i) reasonably determined that any facts, circumstances or conditions might exist which could reasonably be expected to adversely affect either (x) the ability of counsel to issue at such time the legal opinions originally delivered pursuant to Section 4.03 5.05 or (y) the perfection of any or priority of the security interests interest created pursuant to any the Security DocumentDocuments and (ii) requested same, and the Administrative Agent or the Required Banks shall have requested the Borrower to deliver one or more opinions of counsel covering such of the matters set forth in the opinions of counsel theretofore delivered pursuant to Section 4.03 as the Administrative Agent or the Required Banks shall specify, then prior to the incurrence of such Loan or the issuance of such Letter of Credit the Administrative Agent shall have received from counsel (who shall be reasonably satisfactory to the Administrative Agent) Agent and the Required Banks), an opinion or opinions in form and substance reasonably satisfactory to the Administrative AgentAgent and the Required Banks, addressed to the Administrative Agent and each of the Banks and dated the date of such Loan or Letter of CreditCredit Event, covering such of the matters so specifiedset forth in the opinion of counsel theretofore required to be delivered pursuant to Section 5.05 as the Administrative Agent or the Required Banks, as the case may be, shall specify or such other matters incident to the transactions contemplated herein as the Administrative Agent or the Required Banks, as the case may be, may reasonably request. The occurrence of the Restatement Effective Date and the acceptance of the proceeds benefits of each Loan and the issuance of each Letter of Credit Event shall constitute a representation and warranty by the REIT and the Borrower Company to the Administrative Agent, each of the Banks and the Issuing Bank that all the applicable conditions specified in this Section 5 Sections 5, 5A and applicable to such Loan 6 exist as of that time (except to the extent that any of the conditions specified in this Section 5 are required to be satisfactory to or determined by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent or otherwise expressly calls for a subjective determination to be made by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent)time. All of the certificates Notes, certificates, legal opinions and other documents and papers referred to in this Section Sections 5, 5A and 6, unless otherwise specified, shall be satisfactory in form and substance to the Administrative Agent and the Required Banks and shall be delivered to the Administrative Agent at the its Notice Office for the benefit account of each of the Banks and, except for the Notes, in sufficient counterparts for each of the Banks.

Subsequent Legal Opinions. If, at the time of the making of any Loan or the issuance of any Letter of Credit Event subsequent to the Restatement Effective Date, the Administrative Agent or the Required Banks shall have reasonably determined that any facts, circumstances or conditions might exist which could reasonably be expected to adversely affect either (x) the ability of counsel to issue at such time the legal opinions originally delivered pursuant to Section 4.03 5.03 or (y) the perfection of any or priority of the security interests created pursuant to the Security Documents, the Agent shall have received from counsel (who shall be satisfactory to the Agent and the Required Banks) for any Security DocumentCredit Party, an opinion in form and substance satisfactory to the Required Banks, addressed to the Agent, the Issuing Bank and the Banks, and dated the Administrative Agent or the Required Banks shall have requested the Borrower to deliver one or more opinions date of counsel such Credit Event, covering such of the matters set forth in the opinions of counsel theretofore required to be delivered pursuant to Section 4.03 5.03 as the Administrative Agent or the Required Banks Banks, as the case may be, shall specify, then prior specify or such other matters incident to the incurrence of such Loan transactions contemplated herein as the Agent or the issuance of such Letter of Credit Required Banks, as the Administrative Agent shall have received from counsel (who shall be reasonably satisfactory to the Administrative Agent) an opinion in form and substance reasonably satisfactory to the Administrative Agentcase may be, addressed to the Administrative Agent and each may request. The occurrence of the Banks Restatement Effective Date and dated the date of such Loan or Letter of Credit, covering the matters so specified. The acceptance of the proceeds benefits of each Loan and the issuance of each Letter of Credit Event shall constitute a representation and warranty by the REIT General Partner and the Borrower to the Administrative Agent, each of the Banks and the Issuing Bank that all the conditions specified in this Section 5 and in this Section 6 and applicable to the Restatement Effective Date or such Loan Credit Event exist as of that time (except to the extent that any of the conditions specified in this Section 5 are required to be satisfactory to or determined by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent or otherwise expressly calls for a subjective determination to be made by any Bank, the Required Banks, the Collateral Agent and/or the Administrative Agent)time. All of the certificates Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 56, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the benefit account of each of the Banks and, except for the Notes, in sufficient counterparts or copies for each of the Banks and, unless otherwise specified, shall be in form and substance satisfactory to the Banks. Notwithstanding anything to the contrary contained above or in Section 13.10, if the Restatement Effective Date does not occur on or prior to December 15, 1994, then it shall not thereafter occur (unless the Required Banks agree in writing to an extension of such date), and this Agreement shall cease to be of any further force or effect and the Original Credit Agreement shall continue to be effective, as the same may have been, or may thereafter be, amended, modified or supplemented from time to time.