Common use of All Borrowings Clause in Contracts

All Borrowings. On the date of each Borrowing: (a) The Agents shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing 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) At the time of and immediately after such Borrowing no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing, including each Borrowing in which Loans are refinanced with new Loans as contemplated by Section 2.05: (a) The Agents Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e3.06 and 3.09(i), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing 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) At the time of and immediately after such Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing: (a) The Agents Administrative Agent shall have received a notice of such Borrowing Request as required by Section 2.03 or Section 2.04, as applicable2.03. (b) The representations and warranties set forth in Article III hereof (except, and in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) each other Loan Document shall be true and correct in all material respects (or with respect to representations and warranties which are conditioned by materiality, in all respects) on and as of the date of such Borrowing 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 (or with respect to representations and warranties which are conditioned by materiality, in all respects) on and as of such earlier date. (c) At the time of and immediately after such Borrowing and the use of proceeds thereof, no Default or Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs clauses (b) and (c) of this Section 4.01Section.

All Borrowings. On the date of each Borrowing: (a) The Agents Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing 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; PROVIDED that the representations and warranties in Section 3.05(b) and Section 3.06(a)(ii) shall only be made upon the Closing Date and at the time of each extension of the Maturity Date in accordance with Section 2.22. (c) At The Borrower shall be in compliance with all the terms and provisions set forth herein in all material respects, and at the time of and immediately after such Borrowing no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing:: --------------- (a) The Agents Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable2.03. (b) The representations and warranties set forth in Article III hereof (except, Except in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender either Class outstanding, the representations and warranties set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) Article III hereof shall be true and correct in all material respects on and as of the date of such Borrowing 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) At Each of Parent and the Company 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 Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each Borrower of Parent and the Company on the date of such Borrowing as to the matters specified in paragraphs (b) (except as aforesaid) and (c) of this Section 4.01.

All Borrowings. On The obligations of the Lenders to make Loans hereunder on the date of each BorrowingBorrowing are subject to the satisfaction of the following conditions: (a) The Agents Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The representations and warranties set forth in Article III hereof (except, except in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 Section 3.05 and 3.133.12) hereof shall be true and correct in all material respects on and as of the date of such Borrowing 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) At the time of and immediately after such Borrowing no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the applicable Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing: (a) The Agents Lender shall have received a notice of such Borrowing borrowing as required by Section 2.03 or Section 2.04, as applicable2.3. (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing 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) At The 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 Borrowing no Event of Default or Default shall have occurred and be continuing. Without limiting the foregoing, as of the date of each Borrowing, Borrower must have furnished to Lender all of the financial information required by Section 5.4. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.014.1.

All Borrowings. On the date of each Borrowing (other than a conversion or a continuation of a Borrowing:): (a) The Agents Administrative Agent shall have received a notice of such Borrowing Request as required by Section 2.03 or Section 2.04, as applicable2.03. (b) The representations and warranties set forth in Article III hereof (except, and in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) each other Loan Document shall be true and correct in all material respects on and as of the date of such Borrowing 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 on and as of such earlier date. (c) At the time of and immediately after such Borrowing and the use of proceeds thereof, no Default or Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs clauses (b) and (c) of this Section 4.01Section.

All Borrowings. On the date of each Borrowing: (a) The Agents Agent (or in the case of a Swingline Loan, the Swingline Lender and the Agent) shall have received a notice of such Borrowing as required by Section 2.03 2.03, 2.04 or Section 2.042.05, as applicable. (b) The representations and warranties set forth in Article III hereof (except, and in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount Section 7 of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) LLC Guarantee shall be true and correct in all material respects on and as of the date of of, and after giving effect to, such Borrowing 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 datedate (it being understood that this Section 4.01(b) shall not apply to or in connection with any Interest Election Request). (c) At the time of and immediately after such Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. The obligations of the Lenders to make Loans hereunder are subject to the satisfaction of the following conditions: (a) On the date of each Borrowing: (a) The Agents , the Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The On the date of each Borrowing, the representations and warranties set forth in Article III hereof (except, in other than the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations representation and warranty set forth in Sections 3.05(eSection 3.05(b), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing 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) At the time of and immediately after such Borrowing no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing (other than a conversion or a continuation of a Borrowing:): (a) The Agents Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable2.03. (b) The representations and warranties set forth in Article III hereof (except, and in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) each other Loan Document shall be true and correct in all material respects on and as of the date of such Borrowing 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 on and as of such earlier date. (c) At the time of and immediately after such Borrowing Borrowing, no Default or Event of Default or Default shall have occurred and be continuing. (d) At the time of such Borrowing and immediately after giving effect thereto, the Borrower would be in Pro Forma Compliance. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b), (c) and (cd) of this Section 4.01.

All Borrowings. On the date of each Borrowing: (a) The Agents shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e3.05(b), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing with the same effect as though made 47 43 on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) At the time of and immediately after such Borrowing no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing:Borrowing (in the case of clauses (b) and (c), other than pursuant to an Incremental Assumption Agreement): (a) The Agents Administrative Agent shall have received a notice of such Borrowing Request as required by Section 2.03 (or a Borrowing Request shall have been deemed given in accordance with the last paragraph of Section 2.04, as applicable2.03). (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) Loan Documents shall be true and correct in all material respects on and as of the date of such Borrowing date, in each case, 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) At the time of and immediately after such Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each such Borrowing shall be deemed to constitute a representation and warranty by each the Borrower and the applicable Co-Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing: (a) The Agents Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable2.03. (b) The representations and warranties set forth in Article III hereof (except, Except in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans outstanding of any Lender outstandingLender, the representations and warranties set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) Article III hereof shall be true and correct in all material respects on and as of the date of such Borrowing 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) At The Borrower and each other Loan Party 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 Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) (except as aforesaid) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing: (a) The Agents Agent (or in the case of a Swingline Loan, the Swingline Lender and the Agent) shall have received a notice of such Borrowing as required by Section 2.03 2.03, 2.04 or Section 2.042.05, as applicable. (b) The representations and warranties set forth in Article III hereof (except, and in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount Section 7 of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 and 3.13) LLC Guaranty shall be true and correct in all material respects on and as of the date of of, and after giving effect to, such Borrowing 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 datedate (it being understood that this Section 4.01(b) shall not apply to or in connection with any Interest Election Request). (c) At the time of and immediately after such Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On The obligations of the Lenders to make Loans hereunder on the date of each BorrowingBorrowing are subject to the satisfaction of the following conditions: (a) The Agents Applicable Agent shall have received a notice of such Borrowing as required by Section 2.03 2.03, Section 2.04 or Section 2.042.05, as applicable. (b) The representations and warranties set forth in Article III hereof (except, except in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e), 3.06, 3.11 Section 3.05 and 3.133.12) hereof shall be true and correct in all material respects on and as of the date of such Borrowing 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) At the time of and immediately after such Borrowing no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the applicable Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.

All Borrowings. On the date of each Borrowing, including each Borrowing in which Loans are refinanced with new Loans as contemplated by Section 2.05: (a) The Agents Agent shall have received a notice of such Borrowing as required by Section 2.03 or Section 2.04, as applicable. (b) The representations and warranties set forth in Article III hereof (except, in the case of a refinancing of a Standby Borrowing with a new Standby Borrowing that does not increase the aggregate principal amount of the Loans of any Lender outstanding, the representations set forth in Sections 3.05(e3.06 and 3.09(I), 3.06, 3.11 and 3.13) shall be true and correct in all material respects on and as of the date of such Borrowing 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) At the time of and immediately after such Borrowing Borrowing, no Event of Default or Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by each the Borrower on the date of such Borrowing as to the matters specified in paragraphs (b) and (c) of this Section 4.01.