Common use of All Loans Clause in Contracts

All Loans. The obligation of each of the Banks to make its Loans to the Borrower upon the occasion of each borrowing hereunder (including the initial borrowing) is subject to the further conditions precedent that: (a) No Default shall have occurred and be continuing or will result from the making of such Loans. (b) Except as previously disclosed by the Borrower in writing and waived in accordance with Section 13.4, the representations and warranties made by the Borrower in Section 8 (excluding Section 8.4(b)) shall be true and correct on and as of the date of the making of such Loans with the same force and effect as if made on and as of such date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true correct and in all respects as of such earlier date). (c) After giving effect to such Loans, the aggregate outstanding principal amount of the Loans will not exceed the aggregate amount of the Commitments. (d) Delivery by the Borrower of a certificate dated the date of the proposed borrowing and certified by an Authorized Officer of the Borrower that states that (i) the HMC Support Agreement has not been amended, supplemented or otherwise modified since the last delivery of an executed copy of the HMC Support Agreement or any amendment or modification thereof pursuant to Section 9.11 and (ii) that the Borrower is not in the process of amending, supplementing or otherwise modifying the HMC Support Agreement. Each borrowing of Loans hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such borrowing as to the facts specified in clauses (a) through (d) of this Section 7.2.

All Loans. The obligation As of the time of the advance, continuation, or conversion of each of the Banks to make its Loans to the Borrower upon the occasion of each borrowing Borrowing hereunder (including the initial borrowing) is subject to the further conditions precedent that:Borrowing): (a) No The Agent shall have received for each Bank the Notes of the Borrower and the notice required by Section 1.4 hereof; (b) Each of the representations and warranties of the Borrower set forth in Section 6 hereof shall be true and correct as of said time, except that any such representation or warranty that expressly relates solely to an earlier date need only be true and correct as of such date; (c) The Borrower shall be in full compliance with all of the terms and conditions hereof, and no Default or Event of Default shall have occurred and be continuing or will would occur as a result from of the making advance, continuation, or conversion of such Loans.Borrowing; (b) Except as previously disclosed by the Borrower in writing and waived in accordance with Section 13.4, the representations and warranties made by the Borrower in Section 8 (excluding Section 8.4(b)) shall be true and correct on and as of the date of the making of such Loans with the same force and effect as if made on and as of such date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true correct and in all respects as of such earlier date). (cd) After giving effect to the advance, continuation, or conversion of such Loans, the aggregate outstanding principal amount of the Loans will not exceed Borrowing the aggregate amount of the Commitments. (d) Delivery by the Borrower of a certificate dated the date of the proposed borrowing and certified by an Authorized Officer all indebtedness for borrowed money of the Borrower that states that and its Subsidiaries will not exceed any limit on such indebtedness then established by the Board of Directors of the Borrower; and (e) After giving effect to the advance, continuation or conversion of such Borrowing (i) the HMC Support Agreement has Original Dollar Amount of all Loans outstanding hereunder shall not been amended, supplemented or otherwise modified since exceed the last delivery of an executed copy of the HMC Support Agreement or any amendment or modification thereof pursuant to Section 9.11 Commitments then in effect and (ii) that the Borrower is not in the process of amending, supplementing or otherwise modifying the HMC Support Agreement. Each borrowing of Loans hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such borrowing as to the facts specified in clauses (a) through (d) of this Section 7.2.the