Common use of All Advances Clause in Contracts

All Advances. On each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by Bxxxxxxx’s Chief Executive Officer, Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request. (b) The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing. (d) with respect to any Tranche 2 Advance, Borrower shall have paid the Tranche 2 Facility Charge; (e) [reserved]; (f) Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On or prior to each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by BxxxxxxxBorrower’s Chief Executive Officer, Chief Financial Officer or Chief Operating Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request. (b) The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing. (d) with respect to any Tranche 2 Advance, Borrower shall have paid the applicable Tranche 2 Facility Charge;. (e) [reserved]; (f) Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: : (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), 2.2(c) each duly executed by BxxxxxxxBorrower’s Chief Executive Officer, Chief Accounting Officer or Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request. ; (b) The the representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. ; (c) Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing. ; (d) with respect to any Tranche 2 Advance, Borrower shall have paid the Tranche 2 Facility Charge; (e) [reserved]; (f) Each each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 4.3 and as to the matters set forth in the Advance Request.; (e) Borrower and the party identified on the signature pages to each form of Warrant, as set forth in Exhibit I or Exhibit J, shall have executed a Warrant (x) in connection with each applicable Term Loan Advance and (y) with respect to the effectiveness of the Third Amendment, on the Third Amendment Effective Date; provided that: the aggregate amount of

All Advances. On each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by BxxxxxxxXxxxxxxx’s Chief Executive Officer, Officer or Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request. (b) The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Borrower the Loan Parties shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing.. |US-DOCS\138581207.1138581207.7|| (d) with respect to any Tranche 2 Advance, Borrower shall have paid achieved the Tranche 2 Facility ChargePerformance Milestone; (e) [reserved]; (f) Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by BxxxxxxxBorrower’s Chief Executive Officer, Officer or Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request.; and (b) The the representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date.; and (c) Borrower the Loan Parties shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing.; and (d) with respect to any Tranche 2 Advance or Tranche 3 Advance, Borrower the Loan Parties shall have paid the Tranche 2 Facility Charge or Tranche 3 Facility Charge;, as applicable; and [***] Portions of this exhibit (indicated by asterisks) have been omitted pursuant to Regulation S-K, Item 601(b)(10) and Item 601(a)(5). (e) [reserved]; (f) Each each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by BxxxxxxxBorrower’s Chief Executive Officer, Officer or Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request.; (b) The the representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date.; (c) Borrower the Loan Parties shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing.; (d) with respect to any Tranche 2 Advance or Tranche 3 Advance, Borrower the Loan Parties shall have paid the Tranche 2 Facility Charge or Tranche 3 Facility Charge;, as applicable; and (e) [reserved]; (f) Each each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) i. Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by BxxxxxxxBorrower’s Chief Executive Officer, Officer or Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request. (b) ii. The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such date. (c) iii. Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing. (d) with iv. With respect to any Tranche 2 4 Advance, the Borrower shall have paid the Tranche 2 4 Facility Charge;Charge with respect to each such Tranche 4 Advance. (e) [reserved];v. With respect to any Tranche 5 Advance, the Borrower shall have paid the Tranche 5 Facility Charge with respect to each such Tranche 5 Advance. (f) vi. Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On or prior to each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by BxxxxxxxXxxxxxxx’s Chief Executive Officer, Chief Financial Officer or Chief Operating Officer, Chief Business and Legal Officer, Treasurer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request. (b) The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing. (d) with respect to any Tranche 2 2-A Advance, Borrower shall have paid the applicable Tranche 2 2-A Facility Charge;. (e) [reserved];with respect to any Tranche 2-B Advance, Borrower shall have paid the applicable Tranche 2-B Facility Charge. (f) with respect to any Tranche 3 Advance, Borrower shall have paid the applicable Tranche 3 Facility Charge. (g) Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Term Loan Advance as required by Section 2.2(b2.2(c), each duly executed by Bxxxxxxx’s Chief Executive Officer, Chief Financial Officer, Chief Business and Legal Officer, Treasurer or Vice President a Responsible Officer of Finance (or other similar officer)Xxxxxxxx, and (ii) any other documents Agent may reasonably request.; (b) The representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the applicable Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date.; (c) Borrower shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing.; (d) with respect to any Tranche 2 Advance, Borrower shall have paid the Tranche 2 Facility Charge; (e) [reserved];with respect to any Tranche 3 Advance, Borrower shall have paid the Tranche 3 Facility Charge; and (f) Each Advance Request shall be deemed to constitute a representation and warranty by Borrower on the relevant Advance Date as to the matters specified in paragraphs (bSection 4.2(b), Section 4.2(c) and (c) of this Section 4.2 4.4 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Agent Lender shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.1(b) or 2.2(b), as applicable, each duly executed by Bxxxxxxxeach Borrower’s Chief Executive Officer, Chief Financial Officer, Chief Business and Legal Officer, Treasurer Officer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably requestequivalent position. (b) The representations and warranties set forth in this Agreement and in Section 5 shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Each Borrower and the Borrowers, collectively shall be in compliance in all material respects with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing. (d) with respect to any Tranche 2 Advance, Borrower shall have paid the Tranche 2 Facility Charge; (e) [reserved]; (f) Each Advance Request shall be deemed to constitute a representation and warranty by each Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request. (e) In connection with any Advance Request for a Revolving Loan Advance, the documents required pursuant to Section 2.1(b) hereof.

All Advances. On or prior to each Advance Date: (a) Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.2(b), each duly executed by Bxxxxxxxa Borrower’s Chief Executive Officer, Chief Financial Officer, Chief Business and Legal Officer, Treasurer Officer or Vice President of Finance (or other similar officer), and (ii) any other documents Agent may reasonably request.duly authorized officer or director; (b) The the representations and warranties set forth in this Agreement shall be true and correct in all material respects on and as of the Advance Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date.; (c) Borrower the Loan Parties shall be in compliance with all the terms and provisions set forth herein and in each other Loan Document on its part to be observed or performed, and at the time of and immediately after such Advance no Event of Default shall have occurred and be continuing.; (d) with respect to any on the Advance Date for Tranche 2 Advance3, Borrower the Loan Parties shall have paid the Tranche 2 3 Facility Charge;; and (e) [reserved]; (f) Each each Advance Request shall be deemed to constitute a representation and warranty by such Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section 4.2 and as to the matters set forth in the Advance Request.