Common use of Additional Conditions to Borrowing Clause in Contracts

Additional Conditions to Borrowing. The obligation of each Lender to make its Loan hereunder is also subject to further conditions precedent that both immediately prior to the making of such Loan and also after giving effect thereto and to the intended use thereof: (A) no Default shall have occurred and be continuing; (B) the representations and warranties made by the Borrower and the Guarantors in Section 8 hereof shall be true on and as of the date of such Loan and immediately after giving effect to the application of the proceeds thereof with the same force and effect as if made on and as of such date (or, in the case of any representation and warranty that expressly relates to a specific date, as of such specific date); (C) the Administrative Agent shall have received the Notes evidencing the Loans in accordance with Section 2.05 hereof; (D) the Administrative Agent shall have received the Notice of Borrowing in accordance with Section 2.02 hereof; and (E) the Administrative Agent shall have received irrevocable instructions signed by the Borrower, in form and substance satisfactory to the Administrative Agent, as to the remittance by the Administrative Agent of the proceeds of the Loans (such instructions to be consistent with the provisions of Section 2.01(b) hereof). The Notice of Borrowing by the Borrower hereunder shall constitute a certification by the Borrower to the effect that the conditions set forth in clauses (A) and (B) of this Section 6.02 have been fulfilled (both as of the date of such notice and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of the Borrowing, as of the date of the Borrowing).

Additional Conditions to Borrowing. The obligation of each Lender to make its Loan or Loans hereunder on the Borrowing Date is also subject to further conditions precedent that both immediately prior to the making of such Loan or Loans and also after giving effect thereto and to the intended use thereof: (Aa) no Default shall have occurred and be continuing; (Bb) the representations and warranties made by the Borrower and the Guarantors Obligors in Section 8 hereof this Agreement shall be true on and as of the date of such Loan Borrowing Date and immediately after giving effect to the application of the proceeds thereof of the Loans with the same force and effect as if made on and as of such date (or, in the case of any representation and warranty that expressly relates to a specific date, as of such specific date); (Cc) the Administrative Agent shall have received the Notes evidencing the Loans in accordance with Section 2.05 hereof; (Dd) the Administrative Agent shall have received the Notice of Borrowing in accordance with Section 2.02 hereof; (e) substantially simultaneously with the making of the Loans hereunder, Vitro Envases Nortamerica, S.A. de C.V. shall have entered into a credit facility in an aggregate principal amount of $105,000,000, and the loan provided for thereunder shall have been fully made; and (Ef) the Administrative Agent shall have received irrevocable instructions signed by the Borrower, in form and substance satisfactory to the Administrative Agent, as to the remittance by the Administrative Agent of the proceeds of the Loans (such instructions to be consistent with the provisions of Section 2.01(b), Section 6.01(i) and Section 9.15 hereof). The Unless the Borrower otherwise notify the Administrative Agent prior to the Borrowing Date, the Notice of Borrowing by the Borrower hereunder shall constitute a certification by the Borrower to the effect that the conditions set forth in clauses (Aa) and (Bb) of this Section 6.02 have been fulfilled (both as of the date of such notice and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of the Borrowing, as of the date of the Borrowing)Borrowing Date.

Additional Conditions to Borrowing. The obligation of each Lender to make its Loan hereunder is also subject to further conditions precedent that the Administrative Agent shall have received the Notes, if any, in accordance with Section 2.06 and that both immediately prior to the making of such Loan and also after giving effect thereto and to the intended use thereof: (Aa) no Default or Event of Default shall have occurred and be continuing; (Bb) the representations and warranties made by the Borrower and Company in each of the Guarantors in Section 8 hereof Loan Documents shall be true on and as of the date of such Loan Closing Date and immediately after giving effect to the application of the proceeds thereof of the Borrowing with the same force and effect as if made on and as of such date (or, in the case of any representation and warranty that expressly relates to a specific date, as of such specific date); (Cc) on the Administrative Agent shall have received the Notes evidencing the Loans in accordance with Section 2.05 hereofClosing Date, there has been no Material Adverse Change; (Dd) the Administrative Agent no action or proceeding shall have received been instituted, nor shall any action be threatened in writing, before any Governmental Authority, nor shall any order, judgment or decree have been issued or proposed to be issued by any Governmental Authority, to set aside, restrain, enjoin or prevent the completion and consummation of this Agreement or any other Loan Document or the transactions contemplated hereby or thereby; and (e) all appropriate action, including all actions specified in Section 7.06, required to have been taken prior to the Closing Date by the FAA, or any governmental or political agency, subdivision or instrumentality of the United States, in connection with the transactions contemplated by this Agreement shall have been taken, and all orders, permits, waivers, authorizations, exemptions and approvals of such entities required to be in effect on the Closing Date in connection with the transactions contemplated by this Agreement shall have been issued. The giving of the Notice of Borrowing in accordance with Section 2.02 hereof; and (E) the Administrative Agent shall have received irrevocable instructions signed by the Borrower, in form and substance satisfactory to the Administrative Agent, as to the remittance by the Administrative Agent of the proceeds of the Loans (such instructions to be consistent with the provisions of Section 2.01(b) hereof). The Notice of Borrowing by the Borrower hereunder shall constitute a certification by the Borrower Company to the effect that the conditions set forth in clauses (A) and (B) of this Section 6.02 have been fulfilled (both as of the date of such notice the Notice of Borrowing and, unless the Borrower Company otherwise notifies the Administrative Agent prior to the date Closing Date). The Administrative Agent shall be entitled to assume that the conditions specified in clause (b) of Section 6.01 have been fulfilled unless it receives written notice to the Borrowing, as of contrary from any Lender or the date of Lead Arranger prior to the Borrowing)Closing Date.

Additional Conditions to Borrowing. The obligation of each Lender to make its Loan or Loans hereunder on the Borrowing Date is also subject to further conditions precedent that both immediately prior to the making of such Loan or Loans and also after giving effect thereto and to the intended use thereof: (A) no Default shall have occurred and be continuing; (B) the representations and warranties made by the Borrower and the Guarantors Obligors in Section 8 hereof this Agreement shall be true on and as of the date of such Loan Borrowing Date and immediately after giving effect to the application of the proceeds thereof of the Loans with the same force and effect as if made on and as of such date (or, in the case of any representation and warranty that expressly relates to a specific date, as of such specific date); (C) the Administrative Agent shall have received the Notes evidencing the Loans in accordance with Section 2.05 hereof; (D) the Administrative Agent shall have received the Notice of Borrowing in accordance with Section 2.02 hereof; and (E) the Administrative Agent shall have received irrevocable instructions signed by the BorrowerBorrowers, in form and substance satisfactory to the Administrative Agent, as to the remittance by the Administrative Agent of the proceeds of the Loans (such instructions to be consistent with the provisions of Section 2.01(bSections 2.01(c) and 6.01(j) hereof). The Notice of Borrowing by the Borrower hereunder shall constitute a certification by the Borrower to the effect Borrowers that the conditions set forth in clauses (A) and (B) of this Section 6.02 have been fulfilled (both as of the date of such notice and, unless the Borrower Borrowers otherwise notifies notify the Administrative Agent prior to the date of the BorrowingBorrowing Date, as of the date of the BorrowingBorrowing Date).