Documents, fees and no default. Each Lender’s obligation to contribute to an Advance is subject to the following conditions precedent:
Documents, fees and no default. Each Lender's obligation to contribute to the Loan is subject to the following conditions precedent:
Documents, fees and no default. Each Lender’s obligation to contribute to a Tranche is subject to the following conditions precedent:
Documents, fees and no default. The Issuer’s obligation to issue any Guarantee is subject to the following conditions precedent:
Documents, fees and no default. The Lender’s obligation to make a Utilisation is subject to the following conditions precedent:
Documents, fees and no default. The Lender’s obligation to make the first Advance is subject to the following conditions precedent:
Documents, fees and no default. Each Lender's obligation to contribute to an Advance is subject to the following conditions precedent:
(a) that, on or before the service of each Drawdown Notice, the Agent receives the documents described in Part A of Schedule 3 (Condition Precedent Documents) in form and substance satisfactory to the Agent and its lawyers;
(b) that, on each Drawdown Date but prior to making each Advance available, the Agent receives or is satisfied that it will receive on the making of that Advance the documents described in Part B of Schedule 3 (Condition Precedent Documents) in form and substance satisfactory to it and its lawyers;
(c) that, the Agent has received, on or before the relevant Drawdown Date, payment in full of all accrued commitment fee payable pursuant to Clause 20.1 (Commitment fee), the evaluation costs pursuant to Clause 20.2 (Evaluation costs and expenses) and the expenses referred to in Clause 20.3 (Costs of negotiation, preparation etc.);
(d) that both at the date of each Drawdown Notice and at each Drawdown Date:
(i) no Event of Default or Potential Event of Default has occurred or would result from the borrowing of the Advance;
(ii) the representations and warranties in Clause 10.1 (General) and those of any Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;
(iii) none of the circumstances contemplated by Cxxxxx 7.2 (Market Disruption) has occurred and is continuing; and
(iv) there has been no material adverse change in the financial condition and operations of the Borrowers, the Corporate Guarantor or any other Security Party in the light of which the Agent considers that there is a significant risk that the Borrowers, the Corporate Guarantor or any of the Security Parties will later become unable to discharge its liabilities under the Finance Documents to which it is a party as they fall due; and
(e) that the Agent has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Agent may, with the authorisation of the Majority Lenders, request by notice to the Borrowers prior to the relevant Drawdown Date.
Documents, fees and no default. Each Lender's obligation to contribute to an Advance is subject to the following conditions precedent: 0103218-0000004 NY:20884372.11 44
Documents, fees and no default. Each Lender’s obligation to contribute to an Advance in respect of Tranche B is subject to the following conditions precedent:
Documents, fees and no default. The Issuing Bank’s obligation to issue any Guarantee is subject to the following conditions precedent:
