CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of Bank to make each extension of credit requested by Borrower hereunder shall be subject to the fulfillment to Bank's satisfaction of each of the following conditions:
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) shall be subject to the further conditions precedent that:
(a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent of the proceeds of such credit shall constitute a representation and warranty by Borrowers that on the date such credit is advanced such statements are true:
(i) the representations and warranties of Borrowers contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and
(ii) no Default is continuing or would result from the credit being advanced;
(b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently;
(c) Administrative Lender shall have received such additional documents, information and materials as any Lender, through Administrative Lender, may reasonably request; and
(d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of Lender to make any Advance or any other extension of credit requested by Borrowers at any time will be subject to the fulfillment to Lender’s reasonable satisfaction of each of the following conditions:
(a) The representations and warranties of the Loan Parties contained in this Agreement and in the other Loan Documents shall be true and correct in all material respects (except that such materiality qualifier is not applicable to any representations or warranties already qualified or modified by materiality) on and as of the date of such Advance or such extension of credit as though made on and as of such date; and
(b) No Default or Event of Default shall have occurred and be continuing on the date of such Advance or such extension of credit, nor shall either result from the making of such Advance or extension of credit. Any request for an Advance or for any other extension of credit will be deemed to be a representation by Borrowers that the statements set forth in this Section 3.2 are correct as of the time of such request and if such request is for an Advance or a Letter of Credit, sufficient Availability exists for such Advance to be made or such Letter of Credit to be issued.
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including the Loans made by such Lender on the Closing Date), including the issuance of any Letter of Credit, shall be subject to the further conditions precedent that:
(a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrower of the proceeds of such credit shall constitute a representation and warranty by Borrower that on the date such credit is advanced such statements are true:
(i) the representations and warranties of the Loan Parties contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date, except that the representations and warranties made under Section 4.5 shall be deemed to refer to the most recent financial statements furnished to Administrative Agent under Section 6.3; and
(ii) no Default or Event of Default is continuing or would result from the credit being advanced (including any Letter of Credit being issued);
(b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently;
(c) Administrative Agent shall have received such additional documents, information and materials as any Lender, through Administrative Agent, may reasonably request; and
(d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect, provided that with respect to clause (a) of the definition of “Material Adverse Effect", the impacts of COVID-19 on the business, operations or financial condition of the Borrower or any of its Subsidiaries that occurred, or were reasonably expected to occur, and were disclosed to Administrative Agent in writing prior to the ClosingFirst Amendment Date will be disregarded; and
(e) So long as any Lender is a Defaulting Lender, (i) the Swing Line Lender shall not be required to fund any Swing Loans unless it is satisfied that it will have no Fronting Exposure after giving effect to such Swing Loan and (ii) the Issuing Lender shall not be required to issue, extend, renew or increase any Letter of Credit unless it is satisfied that it will have no Fronting Exposure after giving eff...
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of Issuer to issue any Letter of Credit contemplated by this Agreement is subject to the further conditions precedent that:
(a) the following statements shall be true on the date of such issuance, both before and after giving effect thereto, and the acceptance by the beneficiary of such Letter of Credit shall constitute a representation and warranty by Applicant that on the date of such issuance such statements are true:
(i) the representations and warranties of Applicant contained in the Letter of Credit Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and
(ii) no Default is continuing or would result from the Letter of Credit being issued;
(b) the issuance of such Letter of Credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently;
(c) Issuer shall have received such additional documents, information and materials as Issuer may reasonably request; and
(d) no event or circumstance exists that can reasonably be expected to have a Material Adverse Effect.
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation, if any, of Bank to make each Reducing Line of Credit Advance (after the Initial Advance), to issue or cause to be issued each Letter of Credit and to extend any additional credit to Borrower shall be subject to the fulfillment to Bank’s satisfaction of each of the following conditions: (
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of the Lender Parties to extend any of the Credits requested by Borrower hereunder, including the initial such extension, shall be subject to the fulfillment to Agent's satisfaction of each of the following conditions:
CONDITIONS OF EACH EXTENSION OF CREDIT. Each funding of a loan and each extension of credit contemplated by this Agreement is subject to the fulfillment to Lender’s satisfaction, or waiver by Lender in its discretion, of all of the following conditions:
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of Lender in its sole discretion to make Term Loan B as requested by Borrower at any time will be subject to the fulfillment to Lender’s satisfaction of each of the following conditions:
(a) The representations and warranties of Borrower contained in this Agreement and in the other Loan Documents shall be true and correct on and as of the date of such extension of credit as though made on and as of such date; and
(b) No Default or Event of Default shall have occurred and be continuing on the date of such extension of credit, nor shall either result from the making of such extension of credit. Any request for an extension of credit will be deemed to be a representation by Borrower that the statements set forth in this Section 3.2 are correct as of the time of such request.
CONDITIONS OF EACH EXTENSION OF CREDIT. The obligations of -------------------------------------- each Lender to provide each extension of credit (including the initial extension of credit) shall be subject to the satisfaction of the following conditions:
