CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01.
CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01. Conditions Precedent to Effectiveness of Sections 2.01 and 2.03. Sections 2.01 and 2.03 of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions precedent have been satisfied:
(a) There shall have occurred no Material Adverse Change since December 31, 1997.
(b) There shall exist no action, suit, investigation, litigation or proceeding affecting the Company or any of its Subsidiaries pending or to the knowledge of the Company Threatened before any court, governmental agency or arbitrator that (i) is reasonably likely to have a Material Adverse Effect, other than the matters described on Schedule 3.01(b) hereto (the "Disclosed Litigation") or (ii) purports to affect the legality, validity or enforceability of this Agreement or any Note of the Company or the consummation of the transactions contemplated hereby, and there shall have been no adverse change in the status, or financial effect on the Company or any of its Subsidiaries, of the Disclosed Litigation from that described on Schedule 3.01(b) hereto.
(c) The Company shall have paid all accrued fees and expenses of the Agent and the Lenders in respect of this Agreement.
(d) On the Effective Date, the following statements shall be true and the Agent shall have received a certificate signed by a duly authorized officer of the Company, dated the Effective Date, stating that:
(i) The representations and warranties contained in Section 4.01 are correct on and as of the Effective Date, and
(ii) No event has occurred and is continuing that constitutes a Default.
(e) The Agent shall have received on or before the Effective Date the following, each dated such day, in form and substance satisfactory to the Agent:
(i) The Revolving Credit Notes of the Company to the order of the Lenders to the extent requested by any Lender pursuant to Section 2.17.
(ii) Certified copies of the resolutions of the Board of Directors of the Company approving this Agreement and the Notes of the Company, and of all documents evidencing other necessary corporate action and governmental approvals, if any, with respect to this Agreement and such Notes.
(iii) A certificate of the Secretary or an Assistant Secretary of the Company certifying the names and true signatures of the officers of the Company authorized to sign this Agreement and the Notes of the Company and the other documents to be delivered hereunder.
(iv) Authenticated copies of the Certificate of...
CONDITIONS TO EFFECTIVENESS AND LENDING. The obligations of the Lender to make the Loan shall become effective on and as of the first date (the "Effective Date") on which the following conditions have been satisfied or waived:
(a) There shall have occurred no Material Adverse Change since December 31, 1997.
(b) There shall exist no action, suit, litigation or proceeding or, to the knowledge of the Borrower, investigation affecting the Borrower or any of its Significant Subsidiaries or the Guarantor or any of its Significant Subsidiaries pending or, to the knowledge of the Borrower, threatened before any court or arbitrator or before or by any governmental agency or regulatory authority that (i) is reasonably likely to have a Material Adverse Effect or (ii) adversely affects the Lender's rights and interests with respect to the Loan or the transactions contemplated hereby or affects the Borrower's ability to perform its obligations under this Agreement or the Note or the Guarantor's ability to perform its obligations under this Agreement and the Guarantee.
(c) All governmental and third-party consents and approvals necessary in connection with the execution, delivery and performance by the Borrower of this Agreement or the Note and by the Guarantor of this Agreement and the Guarantee, and all material governmental and third-party consents and approvals necessary in connection with the transactions contemplated hereby and thereby, shall have been obtained to the extent required to be obtained on or prior to the Effective Date (without the imposition of any conditions that are not acceptable to the Lender) and shall remain in effect.
(d) The Borrower shall have notified the Lender in writing as to the proposed Effective Date.
(e) The Borrower shall have paid all accrued fees and out-of- pocket expenses of the Lender (including the reasonable fees and expenses of counsel to the Lender) for which invoices have been presented to the Borrower.
(f) On the Effective Date, the following statements shall be true and the Lender shall have received a certificate signed by a duly authorized officer of the Borrower, dated the Effective Date, stating that:
(i) the representations and warranties contained in Article IV are true and correct on and as of the Effective Date; and
(ii) no Default has occurred and is continuing.
(g) The Lender shall have received the Note, dated the Effective Date, to the order of the Lender.
(h) The Lender shall have received the Guarantee, dated the Effective Date, irrevocably guaran...
CONDITIONS TO EFFECTIVENESS AND LENDING. Section 3.01. Conditions Precedent to Effectiveness of Sections 2.01 and 2.03............
CONDITIONS TO EFFECTIVENESS AND LENDING. 28 SECTION 3.01 Conditions Precedent to Initial Borrowing................ 28 SECTION 3.02 Conditions Precedent to Each Borrowing................... 29 SECTION 3.03 Determinations Under Section 3.01........................ 30
CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01 Conditions Precedent to Effectiveness of Sections 2.01 and 2.03. Sections 2.01 and 2.03 of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions precedent have been satisfied:
(a) As of the Effective Date, there shall have occurred no Material Adverse Change since December 26, 1998 that has not been publicly disclosed.
(b) As of the Effective Date, there shall exist no action, suit, investigation, litigation or proceeding affecting the Company, or any of its Subsidiaries (including the Guarantor) pending or, to the knowledge of the Company's or the Guarantor's executive officers, threatened before any court, governmental agency or arbitrator that (i) could be reasonably likely to have a Material Adverse Effect or (ii) could reasonably be likely to affect the legality, validity or enforceability of this Agreement or the consummation of the transactions contemplated hereby.
(c) As of the Effective Date, nothing shall have come to the attention of the Lenders during the course of their due diligence investigation to lead them to believe that the Information Memorandum was or has become misleading, incorrect or incomplete in any material respect.
(d) As of the Effective Date, all governmental and third party consents and approvals necessary in connection with the transactions contemplated hereby shall have been obtained (without the imposition of any conditions that are not acceptable to the Lenders) and shall remain in effect.
CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01. Conditions Precedent to Effectiveness of Sections 2.01 and 2.03. Sections 2.01 and 2.03 of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions precedent have been satisfied:
(a) There shall have occurred no Material Adverse Change since December 31, 2000.
CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01. Conditions Precedent to Effectiveness of Sections 2.01 and 2.03 25 SECTION 3.02. Conditions Precedent to Each Revolving Credit Borrowing 28 SECTION 3.03. Determinations Under Section 3.01 28 78 ARTICLE IV
CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01. Conditions Precedent to Effectiveness of Sections 2.01 and 2.03......................... 35 SECTION 3.02. Conditions Precedent to Each Revolving Credit Borrowing................................. 37 SECTION 3.03. Conditions Precedent to Each Competitive Bid Borrowing.................................. 38 SECTION 3.04. Conditions Precedent to the Term Loan Election.......................................... 39 SECTION 3.05. Determinations Under Section 3.01....................................................... 39
CONDITIONS TO EFFECTIVENESS AND LENDING. SECTION 3.01. Conditions Precedent to Effectiveness of Sections 2.01 and 2.03........................... 26 SECTION 3.02. Initial Loan to Each Designated Subsidiary................................................ 28
