Common use of Any Advance Clause in Contracts

Any Advance. The obligation of each Lender to make any Advance which would increase the outstanding principal Indebtedness evidenced by the Notes and the obligation of the Lenders to make any LIBOR Loan is subject to the conditions precedent that: (a) EXCEPT as disclosed by the Obligors and approved in writing by the Requisite Lenders, the representations and warranties contained in Article 4 (OTHER THAN the representations set forth in Sections 4.4, 4.10 and 4.17) shall be true and correct on the date of such Advance as though made on that date; (b) There shall not be any pending or threatened action, suit, proceeding or investigation affecting Borrower or any of its Subsidiaries before any Governmental Agency that constitutes a Material Adverse Effect; (c) EXCEPT as provided for in Section 2.1(g), the Administrative Agent shall have timely received a Request for Loan in compliance with Article 2 (or telephonic or other request for Loan referred to in the second sentence of Section 2.1(b), if applicable) or, in the appropriate case, a Request for Letter of Credit; (d) no Default or Event of Default shall have occurred and remain continuing or will result from such Advance; (e) the Administrative Agent shall have received, in form and substance satisfactory to the Administrative Agent, such other assurances, certificates, documents or consents related to the foregoing as the Administrative Agent or the Requisite Lenders reasonably may require.

Any Advance. The obligation of each Lender to make any Advance which would increase Advance, the outstanding principal Indebtedness evidenced by obligation of the Notes Issuing Lender to issue any Letter of Credit, and the obligation of the Lenders Swing Line Lender to make any LIBOR Loan is Swing Line Advance, are each subject to the conditions precedent that: (a) EXCEPT except as disclosed by the Obligors Borrower and approved in writing by the Requisite Lenders, the representations and warranties contained in Article 4 (OTHER THAN other than the representations set forth in Sections 4.4, 4.10 and 4.17) shall be true and correct on the date of such Advance as though made on that date; (b) There shall not be any pending or threatened action, suit, proceeding or investigation affecting Borrower or any of its Subsidiaries before any Governmental Agency that constitutes a Material Adverse Effect; (c) EXCEPT except as provided for in Section 2.1(g2.1(h), the Administrative Agent shall have timely received a Request for Loan in compliance with Article 2 (or telephonic or other request for Loan referred to in the second sentence of Section 2.1(b2.1(c), if applicable) or, in or the appropriate case, Issuing Lender shall have received a Request for Letter of Credit, as the case may be, in compliance with Article 2; (d) no Default or Event of Default shall have occurred and remain continuing or will result from such AdvanceAdvance or Swing Line Advance or the issuance of such Letter of Credit; (e) the Administrative Agent shall have received, in form and substance reasonably satisfactory to the Administrative Agent, such other assurances, certificates, documents or consents related to the foregoing as the Administrative Agent or the Requisite Lenders reasonably may require.

Any Advance. The obligation of each Lender to make any Advance which would increase the outstanding principal Indebtedness evidenced by the Notes and the obligation of the Lenders to make any LIBOR Loan is subject to the following conditions precedent that:(unless the Requisite Lenders, in their sole and absolute discretion, shall agree otherwise): (a) EXCEPT (i) for representations and warranties which expressly speak as of a particular date or are no longer true and correct as a result of a change which is permitted by this Agreement or (ii) as disclosed by the Obligors Borrower and approved in writing by the Requisite Lenders, the representations and warranties contained in Article ARTICLE 4 (OTHER THAN the representations set forth in Sections 4.44.4(a), 4.10 4.6 (first sentence), 4.10, 4.17 and 4.174.19) shall be true and correct on and as of the date of such the Advance as though made on that date; (b) There other than matters described in SCHEDULE 4.10 or not required as of the Closing Date to be therein described, there shall not be any then pending or threatened any action, suit, proceeding or investigation against or affecting Borrower or any of its Subsidiaries or any Property of any of them before any Governmental Agency that constitutes a Material Adverse Effect; (c) EXCEPT as provided for in Section 2.1(g), the Administrative Managing Agent shall have timely received a Request for Loan in compliance with Article ARTICLE 2 (or telephonic or other request for Loan referred to in the second sentence of Section 2.1(b), if applicable) or, in the appropriate case, a Request for Letter of Credit;); and (d) no Default or Event of Default shall have occurred and remain continuing or will result from such Advance; (e) the Administrative Managing Agent shall have received, in form and substance satisfactory to the Administrative Managing Agent, such other assurances, certificates, documents or consents related to the foregoing as the Administrative Managing Agent or the Requisite Lenders reasonably may require.

Any Advance. The In addition to any applicable conditions precedent set forth elsewhere in this Article IX, the obligation of each Lender to make any Advance which would increase the outstanding principal Indebtedness evidenced by the Notes Advance, and the obligation of the Lenders Issuing Lender to make issue any LIBOR Loan Letter of Credit, is subject to the following conditions precedent that:(unless the Majority Lenders, in their sole and absolute discretion, agree otherwise): (a) EXCEPT except as disclosed by the Obligors Company and approved in writing by the Requisite Majority Lenders, the representations and warranties contained in Article 4 V (OTHER THAN the representations set forth in Sections 4.45.5(a), 4.10 5,5(b) , 5.7 (first sentence), 5.8, 5.9, 5.12, 5.14, 5.15 and 4.175.19) shall be true and correct on and as of the date of such the Advance or the issuance of the Letter of Credit as though made on that date; (b) There other than matters described in Schedule 5.11 or not required as of the Closing Date to be therein described, there shall not be any then pending or threatened any action, suit, proceeding or investigation against or affecting Borrower the Company or any of its Subsidiaries or any Property of any of them before any Governmental Agency that constitutes could reasonably be expected to have a Material Adverse Effect; (c) EXCEPT as provided for in Section 2.1(g), no Default or Event of Default shall then exist; (d) the Administrative Agent shall have timely received a Request for Loan in compliance with Article 2 (or telephonic or other request for Loan referred to in the second sentence of Section 2.1(b), if applicable) II or, in the appropriate case, a completed Request for Letter of Credit; (d) no Default or Event of Default shall have occurred and remain continuing or will result from such Advance;; and (e) the Administrative Agent shall have received, in form and substance reasonably satisfactory to the Administrative Agent, such other assurances, certificates, documents or consents related to the foregoing as the Administrative Agent or the Requisite Lenders reasonably may require.