Common use of All Advances and Letters of Credit Clause in Contracts

All Advances and Letters of Credit. In the case of each Advance to be made or letter of credit to be issued hereunder or renewals (including extensions) of Letters of Credit (except the initial Advance made hereunder): 5.1.1. timely receipt by the Lender of a Notice of Borrowing and, if applicable, a Letter of Credit Application and other items required to be included therewith; 5.1.2. the fact that, immediately before such requested Advance or letter of credit or requested renewal (including extensions) of a Letter of Credit, no Default shall have occurred and be continuing and that the making of any such Advance, the issuing of such letter of credit or the renewal (including extensions) of such Letter of Credit will not cause a Default; 5.1.3. the fact that the representations and warranties of the Borrower contained in this Agreement shall be true in all material respects on and as of the date of such Advance, except to the extent that any such representation specifically makes reference to an earlier date, then such representation will be as of such earlier date; 5.1.4. the fact that the Borrower shall have received all authorizations necessary under its Regulatory Documents to permit it to incur indebtedness in an aggregate amount equal to the sum of the requested Advance reflected in the Notice of Borrowing plus the outstanding principal balance of the Note plus the Letter of Credit Exposure, and the Lender shall have received evidence satisfactory to the Lender of such authorizations; 5.1.5. each request for an Advance, for a letter of credit to be issued hereunder or for the renewal (including extensions) of a Letter of Credit shall be deemed to be a representation and warranty by the Borrower on the date of such request, as to the facts specified in Sections 5.1.2 and 5.1.3; and 5.1.6. the fact that each condition specified in Section 5.2 was satisfied at the time of the initial Advance hereunder or has been satisfied subsequent thereto or has been waived in writing by the Lender.

All Advances and Letters of Credit. In the case of each Advance to be made or letter of credit to be issued hereunder or renewals (including extensions) of Letters of Credit (except the initial Advance made hereunder): 5.1.1. timely receipt by the Lender of a Notice of Borrowing and, if applicable, a Letter of Credit Application and other items required to be included therewith; 5.1.2. the fact that, immediately before such requested Advance or letter of credit or requested renewal (including extensions) of a Letter of Credit, no Default shall have occurred and be continuing and that the making of any such Advance, the issuing of such letter of credit or the renewal (including extensions) of such Letter of Credit will not cause a Default; 5.1.3. the fact that the representations each representation and warranties of the Borrower warranty contained in Article VI of this Agreement shall be true in all material respects on and as of the date of such Advance, except to the extent that any such representation specifically makes reference to an earlier date, then such representation will be as of such earlier date; 5.1.4. the fact that the Borrower shall have received all authorizations necessary under its Regulatory Documents to permit it to incur indebtedness in an aggregate amount equal to the sum of the requested Advance reflected in the Notice of Borrowing plus the outstanding principal balance of the Note plus the Letter of Credit Exposure, and the Lender shall have received evidence satisfactory to the Lender of such authorizations; 5.1.5. each request for an Advance, for a letter of credit to be issued hereunder or for the renewal (including extensions) of a Letter of Credit shall be deemed to be a representation and warranty by the Borrower on the date of such request, as to the facts specified in Sections 5.1.2 and 5.1.3; and 5.1.65.1.5. the fact that each condition specified in Section 5.2 was satisfied at the time of the initial Advance hereunder or has been satisfied subsequent thereto or has been waived in writing by the Lender.

All Advances and Letters of Credit. In the case of each Advance to be made or letter of credit to be issued hereunder or renewals (including extensions) of Letters of Credit (except the initial Advance made hereunder): 5.1.1. timely receipt by the Lender of a Notice of Borrowing and, if applicable, a Letter of Credit Application and other items required to be included therewith; 5.1.2. the fact that, immediately before such requested Advance or letter of credit or requested renewal (including extensions) of a Letter of Credit, no Default shall have occurred and be continuing and that the making of any such Advance, the issuing of such letter of credit or the renewal (including extensions) of such Letter of Credit will not cause a Default; 5.1.3. the fact that the representations and warranties of the Borrower contained in this Agreement shall be true in all material respects on and as of the date of such Advance, except to the extent that any such representation specifically makes reference to an earlier date, then such representation will be as of such earlier date; 5.1.4. the fact that the Borrower shall have received all authorizations necessary under its Regulatory Documents to permit it to incur indebtedness in an aggregate amount equal to the sum of the requested Advance reflected in the Notice of Borrowing plus the outstanding principal balance of the Note plus the Letter of Credit Exposure, and the Lender shall have received evidence satisfactory to the Lender of such authorizations; 5.1.5. each request for an Advance, for a letter of credit to be issued hereunder or for the renewal (including extensions) of a Letter of Credit shall be deemed to be a representation and warranty by the Borrower on the date of such request, as to the facts specified in Sections 5.1.2 and 5.1.3; and 5.1.65.1.5. the fact that each condition specified in Section 5.2 was satisfied at the time of the initial Advance hereunder or has been satisfied subsequent thereto or has been waived in writing by the Lender.

All Advances and Letters of Credit. In the case of each Advance to be made or letter of credit to be issued hereunder or renewals (including extensions) of Letters of Credit (except the initial Advance made hereunder): 5.1.1. timely receipt by the Lender Administrative Agent of a Notice of Borrowing and, if applicable, a Letter of Credit Application and other items required to be included therewith; 5.1.2. the fact that, immediately before such requested Advance or letter of credit or requested renewal (including extensions) of a Letter of Credit, no Default shall have occurred and be continuing and that the making of any such Advance, the issuing of such letter of credit or the renewal (including extensions) of such Letter of Credit will not cause a Default; 5.1.3. the fact that the representations and warranties of the Borrower contained in this Agreement shall be true in all material respects on and as of the date of such Advance, except to the extent that any such representation specifically makes reference to an earlier date, then such representation will be as of such earlier date; 5.1.4. the fact that the Borrower shall have received all authorizations necessary under its Regulatory Documents to permit it to incur indebtedness in an aggregate amount equal to the sum of the requested Advance reflected in the Notice of Borrowing plus the outstanding principal balance of the Note plus the Letter of Credit Exposure, and the Lender shall have received evidence satisfactory to the Lender of such authorizations; 5.1.5. each request for an Advance, for a letter of credit to be issued hereunder or for the renewal (including extensions) of a Letter of Credit shall be deemed to be a representation and warranty by the Borrower on the date of such request, as to the facts specified in Sections 5.1.2 and 5.1.3; and 5.1.65.1.5. the fact that each condition specified in Section 5.2 was satisfied at the time of the initial Advance hereunder or has been satisfied subsequent thereto or has been waived in writing by the LenderRequired Lenders.