Common use of All Advances Clause in Contracts

All Advances. On each Advance Date: (a) Lender shall have received (i) an Advance Request for the relevant Advance as required by Section 2.3, duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request. (b) The representations and warranties set forth in this Section 4 and in Section 5 and in the Warrant 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 in all material respects with 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 Borrower on the relevant Advance Date as to the matters specified in paragraphs (b) and (c) of this Section and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Lender The Lenders shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.32.1(b) or 2.2(b), as applicable, each duly executed by Borrower’s Chief Executive Officer or Officer, Chief Financial Officer, (ii) a duly executed Note evidencing such Advanceor Corporate Controller, and (iiiii) any other documents Lender the Lenders may reasonably request. (b) The representations and warranties set forth in this Section 4 and in Section 5 of this Agreement and in the Warrant Warrants 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 in with all material respects with 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 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) Lender shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.32.1(b), and Section 2.2(b), as applicable, each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request.; (b) The As of such Advance Date, the representations and warranties set forth in this Section 4 and in Section 5 contained herein and in the Warrant other Loan Documents shall be true and correct in all material respects on and as of the Advance Date with to the same effect extent as though made on and as of such that date, except to the extent such representations and warranties expressly specifically relate to an earlier date., in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; (c) Borrower shall be in compliance in with all material respects with 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 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 3.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Lender Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.2(b), each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender Agent may reasonably request. (b) The representations and warranties set forth in this Section 4 and in Section 5 and in the Warrant 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) Borrower shall be in compliance in with all material respects with 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 the Tranche 3 Advance, Borrower shall have paid the Tranche 3 Facility Charge; (e) 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) Lender shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.3, 2.1(b) duly executed by each Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request. (b) The representations and warranties set forth in this Section 4 and Agreement in Section 5 and in the Warrant 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 in with all material respects with 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 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) The Lender shall have received (i) an Advance Request from the Administrative Borrower and a Note from the Borrowers for the relevant Advance as required by Section 2.32.2(b), each duly executed by the applicable Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents the Lender may reasonably request. (b) The representations and warranties of the Borrower set forth in this Section 4 and in Section 5 Agreement and in the Warrant 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 Borrowers 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 Borrower the Borrowers 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) Lender Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.1(b) or Section 2.1.1(b), as applicable, duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender Agent may reasonably request. (b) The the representations and warranties set forth in this Section 4 and in Section 5 and in the Warrant 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 be true and correct in all material respects as of such earlier date; (c) Borrower shall be in compliance in with all material respects with 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 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) Lender shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.1(b), duly executed by each Borrower’s Chief Executive Officer, Chief Financial Officer or Chief Financial Officer, (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably requestequivalent position. (b) The representations and warranties set forth in this Section 4 Agreement and in Section 5 and in the Warrant each other Loan Document shall be true and correct in all material respects on and as of the Advance Date (other than to the extent that any representation and warranty is already qualified by materiality, in which case, such representation and warranty shall be true and correct as of such 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 for the relevant Advance as required by Section 2.32.1(b), each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender Agent may reasonably request. (b) (i) The representations and warranties set forth in this Section 4 and in Section 5 of this Agreement and in the Warrant 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 (ii) all the information in the Perfection Certificate shall be true and correct in all material respects. (c) Borrower shall be in compliance in with all material respects with 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 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 DateThe obligation of Lender to make Advances hereunder is subject to the satisfaction by Borrower of the following conditions: (a) receipt of the Funding Documents and satisfaction of all conditions precedent thereto; (b) Lender shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.2(b), duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request. (bc) The representations and warranties set forth in this Section 4 Agreement and in Section 5 and in the Warrant 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. (cd) Borrower shall be in compliance in with all material respects with 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. (de) 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 (bc) and (cd) of this Section 4.2 and as to the matters set forth in the Advance Request.

All Advances. On each Advance Date: (a) Lender Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.1(b), duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender Agent may reasonably request. (b) The representations and warranties set forth in this Section 4 Agreement and in Section 5 and in the Warrant 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, which shall be true and correct in all material respects on and as of such earlier date. (c) Borrower Borrower, and to the extent applicable, each Consolidated Group Member, 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 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) Each Lender shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.32.1(b) or 2.2(b), as applicable, each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender the Lenders may reasonably request. (b) The representations and warranties set forth in this Section 4 Agreement and in Section 5 and in the Warrant Warrants 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 in with all material respects with 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 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) Lender Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.2(b), each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender Agent may reasonably request. (b) The representations and warranties set forth in this Section 4 Agreement and in Section 5 5, except as may be qualified by the Schedule of Exceptions approved by Agent as of each applicable Advance Date prior to the making of such Advance, and in the Warrant 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 in with all material respects with 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 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, as a condition to such Advance: (a) Lender shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.2, and a Note, each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably requestVice President/Controller. (b) The representations and warranties set forth in this Section 4 and in Section 5 and in of the Warrant 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 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 Borrower on the relevant date of the Advance Date Request as to the matters specified in paragraphs (b) and (c) of this Section and as to the matters set forth in the Advance Request. (e) No fact or condition shall exist that constitutes or, with the passage of time, the giving of notice, or both, would constitute, an Event of Default, and no Material Adverse Effect shall have occurred and be continuing.

All Advances. On or prior to each Advance Date: (a) Lender Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.2(c), each duly executed by the Borrower’s Chief Executive Officer, Chief Financial Officer or Chief Financial Officer, (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request.duly authorized officer or director; (b) The the representations and warranties set forth in this Section 4 and in Section 5 and in the Warrant 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 they shall be true and correct in all material respects as of such date; (c) Borrower the Loan Parties shall be in compliance in with all material respects with 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 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 4.3 and as to the matters set forth in the Advance Request.

All Advances. On each the Advance Date: (a) Lender Agent shall have received (i) an the Advance Request for the relevant Advance as required by Section 2.32.1(b), duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender Agent may reasonably request. (b) The representations and warranties set forth in Section 5 of this Section 4 Agreement and in Section 5 and in of the Warrant 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 be true and correct in all material respects as of such earlier date. (c) Borrower shall be in compliance in with all material respects with 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 the Advance no Event of Default shall have occurred and be continuing. (d) Each The 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) Lender shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.1(b), each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request. (b) The representations and warranties set forth in this Section 4 and in Section 5 Agreement and in the Warrant 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 in with all material respects with the terms and provisions set forth herein and herein, in each other Loan Document and the Warrant 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 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) Lender The Agent shall have received (i) an Advance Request for the relevant Advance as required by Section 2.3, duly executed by the Administrative Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender the Agent may reasonably request. (b) The representations and warranties of the Borrowers set forth in this Section 4 and in Section 5 Agreement and in the Warrant 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 Borrowers 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 Borrower the Borrowers 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) Lender shall have received (i) an Advance Request for the relevant Advance as required by Section 2.32.1(b), duly executed by Borrower’s Chief Executive Officer or Officer, Chief Financial Officer, (ii) a President, Chief Accounting Officer or any other duly executed Note evidencing such Advanceauthorized officer of Borrower, and (iiiii) any other documents Lender may reasonably request. (b) The representations and warranties set forth in this Section 4 Agreement and in Section 5 and in the Warrant 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 in with all material respects with 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 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) Lender shall have received (i) an Advance Request and a Note for the relevant Advance as required by Section 2.32.1(b), 2.2(b) or 2.3(b), as applicable, each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, and (ii) a duly executed Note evidencing such Advance, and (iii) any other documents Lender may reasonably request. (b) The representations and warranties set forth in this Section 4 Agreement and in Section 5 and in the Warrant 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 in with all material respects with 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 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) Lender Agent shall have received (i) an Advance Request for the relevant Advance as required by 2.2(b) or Section 2.32A.1(c), as applicable, each duly executed by Borrower’s Chief Executive Officer or Chief Financial Officer, (ii) a duly executed Note evidencing such Advance, any other documents Agent may reasonably request and (iii) any other documents Lender may reasonably requestpayment of the applicable New Loan Facility Charge for such Advance. (b) The representations and warranties set forth in this Section 4 and in Section 5 and in the Warrant 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 in with all material respects with 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 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.