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

All Loans and Letters of Credit. Notwithstanding any provision contained in this Agreement to the contrary, Lender shall have no obligation to make any Loan or issue any Letter of Credit under this Agreement unless: (a) Lender shall have received a Notice of Borrowing for such Loan as required by Section 2.02(a), or a Letter of Credit Application as required under Section 2.18(a); (b) both immediately before and immediately after giving effect to such Loan or Letter of Credit, no Default or Event of Default shall have occurred and be continuing; and (c) all of the representations and warranties made by Borrower in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of such Loan as if made or such Letter of Credit is issued on and as of the date of such Loan or Letter of Credit (and for purposes of this Section 3.02(c), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to Lender pursuant to Section 5.01(a)). Each request for a Loan or Letter of Credit by Borrower under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of such Loan or Letter of Credit as to the facts specified in clauses (b), and (c) of this Section 3.02.

All Loans and Letters of Credit. Notwithstanding any provision contained in this Agreement to the contrary, Lender shall have no obligation to make any Loan or issue any Letter of Credit under this Agreement unless: (a) Lender shall have received a Notice of Borrowing for such Loan as required by Section 2.02(a), or a Letter of Credit Application as required under Section 2.18(a); (b) both immediately before and immediately after giving effect to such Loan or Letter of Credit, no Default or Event of Default shall have occurred and be continuing; and (c) all of the representations and warranties made by Borrower in this Agreement (but after the making or issuance of the initial Loan or Letter of Credit hereunder, not including the representation set forth in Section 4.04(b)) and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of such Loan as if made or such Letter of Credit is issued on and as of the date of such Loan or Letter of Credit (and for purposes of this Section 3.02(c), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to Lender pursuant to Section 5.01(a)). Each request for a Loan or Letter of Credit by Borrower under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of such Loan or Letter of Credit as to the facts specified in clauses (b), ) and (c) of this Section 3.02.

All Loans and Letters of Credit. Notwithstanding any provision contained in this Agreement to the contrary, Lender shall have no obligation to make any Loan or issue any Letter of Credit under this Agreement unless: (a) Lender shall have received a Notice of Borrowing for such Loan as required by Section 2.02(a), or a Letter of Credit Application as required under Section 2.18(a); (b) both immediately before and immediately after giving effect to such Loan or Letter of Credit, no Default or Event of Default shall have occurred and be continuing; and (c) all of the representations and warranties made by Borrower in this Agreement and/or in any other Transaction Document shall be true and correct in all material respects on and as of the date of such Loan as if made or such Letter of Credit is issued on and as of the date of such Loan or Letter of Credit (and for purposes of this Section 3.02(c3.02(d), the representations and warranties made by Borrower in Section 4.04 shall be deemed to refer to the most recent financial statements of Borrower delivered to Lender pursuant to Section 5.01(a)). Each request for a Loan or Letter of Credit by Borrower under this Agreement shall be deemed to be a representation and warranty by Borrower on the date of such Loan or Letter of Credit as to the facts specified in clauses (b), and (c) of this Section 3.02.