Common use of All Advances Clause in Contracts

All Advances. On each Advance Date: (a) Lender shall have received 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 each Borrower’s Chief Executive Officer, Chief Financial Officer or equivalent 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) 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 each Advance Date: (a) Lender Agent 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 each Borrower’s Chief Executive Officer or Chief Financial Officer, Chief Financial Officer or equivalent positionand (ii) any other documents Agent may reasonably request. (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 Advance pursuant to Tranche 2, Borrower shall have paid the applicable Tranche 2 Facility Charge. (e) With respect to any Advance pursuant to Tranche 3, (x) each Lender’s investment committee shall, in its sole and absolute discretion, have approved the requested Advances, as contemplated by Section 2.2(a)(iv) and (y) Borrower shall have paid the Tranche 3 Facility Charge; (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 each Advance Date: (a) Lender Agent shall have received (i) an Advance Request and a Note for the relevant Term Loan Advance as required by Section 2.1(b) or 2.2(b2.2(c), as applicable, each duly executed by each Borrower’s Chief Executive Officera Responsible Officer of Xxxxxxxx, Chief Financial Officer or equivalent position.and (ii) any other documents Agent may reasonably request; (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 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) 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) 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 each 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. (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 each Advance Date: (a) Lender Agent shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.1(b) or 2.2(b2.1(c), as applicable, each duly executed by each Borrower’s Chief Executive Officer or Chief Operating Officer, Chief Financial Officer or equivalent positionand (ii) any other documents Agent may reasonably request. (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 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) 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 Advance (other than the Tranche I Advance) made available on such Advance Date, Borrower shall have paid the Facility Charge applicable to such Advance; (e) 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 subsections (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) Lender Agent 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 each Borrower’s Chief Executive Officer, Chief Financial Officer or equivalent positionChief Operating Officer, and (ii) any other documents Agent may reasonably request. (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 applicable Tranche 2 Facility Charge. (e) 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 each Advance Date: : (a) Lender Agent shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.1(b2.2(c) or 2.2(b), as applicable, each duly executed by each Borrower’s Chief Executive Officer, Chief Financial Accounting Officer or equivalent position. Chief Financial Officer, and (ii) any other documents Agent may reasonably request; (b) The 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) Each 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 4.3 and as to the matters set forth in the Advance Request. ; (e) In 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 any each applicable Term Loan Advance Request for a Revolving Loan Advanceand (y) with respect to the effectiveness of the Third Amendment, on the documents required pursuant to Section 2.1(b) hereof.Third Amendment Effective Date; provided that: the aggregate amount of

All Advances. On each Advance Date: (a) Lender i. Agent 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 each Borrower’s Chief Executive Officer or Chief Financial Officer, Chief Financial Officer or equivalent positionand (ii) any other documents Agent may reasonably request. (b) ii. 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, in which case such representations and warranties shall have been true and correct in all material respects as of such date. (c) Each iii. 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) iv. With respect to any Tranche 4 Advance, the Borrower shall have paid the Tranche 4 Facility Charge with respect to each such Tranche 4 Advance. 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. vi. 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 each Advance Date: (a) Lender Agent 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 each Borrower’s Chief Executive Officer or Chief Financial Officer, Chief Financial Officer or equivalent positionand (ii) any other documents Agent may reasonably request. (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, in which case such representations and warranties shall have been true and correct in all material respects as of such 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 4 Advance, the Borrower shall have paid the Tranche 4 Facility Charge with respect to each such Tranche 4 Advance. (e) 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 each Advance Date: (a) Lender Agent 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 each Borrower’s Chief Executive Officer or Chief Financial Officer, Chief Financial Officer or equivalent position.and (ii) any other documents Agent may reasonably request; and (b) The 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.; and (c) Each Borrower and the Borrowers, collectively Loan Parties 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.; and (d) Each with respect to any Tranche 2 Advance or Tranche 3 Advance, 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) 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 each Advance Date: (a) Lender Agent 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 each BorrowerBxxxxxxx’s Chief Executive Officer, Chief Financial Officer Officer, Chief Business and Legal Officer, Treasurer or equivalent positionVice 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 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 each Advance Date: (a) Lender Agent 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 each BorrowerXxxxxxxx’s Chief Executive Officer or Chief Financial Officer, Chief Financial Officer or equivalent positionand (ii) any other documents Agent may reasonably request. (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 Loan Parties 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.. |US-DOCS\138581207.1138581207.7|| (d) with respect to any Tranche 2 Advance, Borrower shall have achieved the Performance Milestone; (e) 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) Lender Agent shall have received 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 each a Borrower’s Chief Executive Officer, Chief Financial Officer or equivalent position.any other duly authorized officer or director; (b) The 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 Loan Parties 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) Each on the Advance Date for Tranche 3, the Loan Parties shall have paid the Tranche 3 Facility Charge; and (e) each Advance Request shall be deemed to constitute a representation and warranty by each 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. (e) In connection with any Advance Request for a Revolving Loan Advance, the documents required pursuant to Section 2.1(b) hereof.