Common use of Borrowings and Issuances of Letters of Credit Clause in Contracts

Borrowings and Issuances of Letters of Credit. The obligation of any Bank to make a Loan, on the occasion of any Borrowing, and the obligation of the Issuing Bank to issue (or renew or extend the term of) any Letter of Credit is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997; (b) receipt by the Agent of a Notice of Borrowing as required by Section 2.02, or receipt by the Issuing Bank of a Notice of Issuance as required by Section 2.13(c); (c) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, no Default shall have occurred and be continuing; and (e) the fact that the representations and warranties of the Borrower contained in this Agreement and any other Financing Document shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance of a Letter of Credit. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d) and (e) of this Section.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank Lender to issue (issue, renew, extend or renew or extend the term of) increase any Letter of Credit is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 2.02 or receipt by the applicable Issuing Bank Lender of a Notice of Issuance as required by Section 2.13(c2.19(c), as the case may be; (b) [reserved]; (c) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, no Default shall have occurred and be continuing; and (ed) the fact that the representations and warranties of the Principal Borrower and, if the applicable Borrower is other than the Principal Borrower, the Borrower, contained in this Agreement (except the representations and any other Financing Document warranties set forth in Sections 4.04(b), 4.05 and 4.07) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance issuance, renewal, extension or increase, as applicable, except to the extent any such representation and warranty (i) expressly relates to an earlier date in which case such representation and warranty shall be true and correct in all material respects as of a Letter of Creditsuch earlier date or (ii) is qualified by materiality, in which case such representation and warranty shall be true and correct in all respects. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower (and by the Principal Borrower if it is not the Borrower) on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d3.04(c) and (e) of this Section3.04(d).

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, Loan on the occasion of any Borrowing, and Borrowing (other than the obligation of the Issuing Bank an L/C Issuer to issue (which shall include, for purposes of this Section, any renewal or renew or extend extension of the term of) any Letter of Credit is are each subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997; (b) receipt by the Agent of a Notice of Borrowing as required by Section 2.02, 2.01 or receipt by the Issuing Bank L/C Issuer of a Notice of Issuance as required by Section 2.13(c2.14(b); (b) solely in the case of a Revolving Borrowing or issuance of a Letter of Credit the fact that, immediately after such Borrowing or the issuance of such Letter of Credit, as the case may be, the aggregate Revolving Exposure will not exceed the aggregate amount of the Revolving Commitments; (c) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, as the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Creditcase may be, no Default shall have occurred and be continuing; and (ed) the fact that the representations and warranties of the Borrower Obligors contained in this Agreement and any other Financing Document the Loan Documents shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance of a Letter of CreditBorrowing. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance of a Letter of Credit Credit, as the case may be, as to the facts specified in clauses (cb), (dc) and (ed) of this Section.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank Lender to issue (issue, renew, extend or renew or extend the term of) increase any Letter of Credit is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 2.02 or receipt by the applicable Issuing Bank Lender of a Notice of Issuance as required by Section 2.13(c2.19(c), as the case may be; (b) [reserved]; (c) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, no Default shall have occurred and be continuing; and (ed) the fact that the representations and warranties of the Principal Borrower and, if the applicable Borrower is other than the Principal Borrower, the Borrower, contained in this Agreement (except the representations and any other Financing Document warranties set forth in Sections 4.04(bc), 4.05 and 4.07) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance issuance, renewal, extension or increase, as applicable, except to the extent any such representation and warranty (i) expressly relates to an earlier date in which case such representation and warranty shall be true and correct in all material respects as of a Letter of Creditsuch earlier date or (ii) is qualified by materiality, in which case such representation and warranty shall be true and correct in all respects. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower (and by the Principal Borrower if it is not the Borrower) on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d3.04(c) and (e) of this Section3.04(d).

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank Lender to issue (issue, renew, extend or renew or extend the term of) increase any Letter of Credit is subject to the satisfaction of the following conditions: : (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 2.02 or receipt by the applicable Issuing Bank Lender of a Notice of Issuance as required by Section 2.13(c2.19(c); , as the case may be; (b) [reserved]; (c) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, no Default shall have occurred and be continuing; and and (ed) the fact that the representations and warranties of the Principal Borrower and, if the applicable Borrower is other than the Principal Borrower, the Borrower, contained in this Agreement (except the representations and any other Financing Document warranties set forth 49 in Sections 4.04(bc), 4.05 and 4.07) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance issuance, renewal, extension or increase, as applicable, except to the extent any such representation and warranty (i) expressly relates to an earlier date in which case such representation and warranty shall be true and correct in all material respects as of a Letter of Creditsuch earlier date or (ii) is qualified by materiality, in which case such representation and warranty shall be true and correct in all respects. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower (and by the Principal Borrower if it is not the Borrower) on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d3.04(c) and (e) of this Section3.04(d).

Borrowings and Issuances of Letters of Credit. The obligation of any Bank to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank to issue (or renew or extend the term of) any Letter of Credit is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January December 31, 1997; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 2.02 or 2.03 or receipt by the Issuing Bank of a Notice of Issuance as required by Section 2.13(c2.17(b), as the case may be; (c) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, no Default shall have occurred and be continuing; and; (e) the fact that the representations and warranties of the Borrower contained in this Agreement and any other Financing Document shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance of a Letter of Credit; and (f) in the case of an issuance of a Letter of Credit, the fact that, immediately after such issuance of a Letter of Credit, the aggregate amount of the Letter of Credit Liabilities shall not exceed the Letter of Credit Commitment. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower Obligors on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d), (e) and (ef) of this Section.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank to issue (or renew or extend the term of) any Letter of Credit is subject to the satisfaction of the following conditions: (a) the fact that the a Closing Date shall have occurred on or prior to January 31before September 1, 1997; ; (b) receipt by the Agent of a Notice of Borrowing as required by Section 2.022.02 or 2.03, or receipt by the Issuing Bank of a Notice of Issuance as required by Section 2.13(c2.15(b); , as the case may be; (c) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; ; (d) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, no Default shall have occurred and be continuing; and and (e) the fact that the representations and warranties of the Borrower contained in this Agreement and any other Financing Document shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance of a Letter of Credit. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d) and (e) of this Section.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank to issue (or renew or extend the term of) any Letter of Credit Credit, is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997; (b) receipt by the Administrative Agent of (i) a Notice of Borrowing as required by Section 2.022.02 or 2.03, as the case may be or receipt by the Issuing Bank of (ii) a Notice of Issuance as required by Section 2.13(c2.18(b); (b) the fact that, immediately after such Borrowing or issuance (or renewal or extension), the Total Outstanding Amount will not exceed the aggregate amount of the Commitments and the aggregate amount of the Letter of Credit Liabilities shall not exceed $100,000,000 (or, if less, the aggregate amount of the Commitments); (c) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of CreditBorrowing, no Default shall have occurred and be continuing; and (ed) the fact that the representations and warranties of the Borrower contained in this Agreement (other than the representation and any other Financing Document warranty in Section 4.04(c), which is made only as of the date hereof) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing. Each Borrowing or issuance of a Letter of Credit. Each Borrowing and issuance of a any Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (cb), (dc) and (ed) of this Section.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank Lender to issue (or renew or extend the term of) any Letter of Credit is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997occurred; (b) receipt by the Agent of (i) a Notice of Borrowing as required by Section 2.022.02 or 2.03, as the case may be or receipt by the Issuing Bank of (ii) a Notice of Issuance as required by Section 2.13(c2.18(b); (c) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit(or renewal or extension), the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities Total Outstanding Amount will not exceed the aggregate amount of the CommitmentsCommitments and the aggregate amount of the Letter of Credit Liabilities shall not exceed $300,000,000; (d) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Creditissuance, no Default shall have occurred and be continuing; and (e) the fact that the representations and warranties of the Borrower Company contained in this Agreement (other than the representations and any other Financing Document warranties set forth in Sections 4.04, 4.05 and 4.06, which are made only as of the Closing Date) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance. Each Borrowing or issuance of a Letter of Credit. Each Borrowing and issuance of a any Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower Company on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d) and (e) of this SectionSection 3.03.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, on the occasion of any Borrowing, Loan and the obligation of the Issuing Bank Lender to issue (or renew or extend the term of) any Letter of Credit is subject to the satisfaction of the following conditions:; (a) the fact that the Closing Date shall have occurred on receipt (or prior deemed receipt pursuant to January 31, 1997; (bSection 2.16(d) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 2.02 or receipt by the Issuing Bank Lender of a Notice of Issuance as required by Section 2.13(c)2.16, as the case may be; (cb) the fact that, immediately after giving effect to such Borrowing or issuance of a such Letter of CreditCredit (i) the Total Outstanding Amount will not exceed the Total Commitments, the sum of the aggregate outstanding principal amount of the Loans and (ii) the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments$50,000,000; (dc) the fact that, immediately before and after giving effect to such Borrowing or issuance of a such Letter of Credit, no Default shall have occurred and be continuing; and (ed) the fact that that, except as otherwise described by the Borrower in a writing to the Administrative Agent and waived by the Required Lenders, the representations and warranties of the Borrower contained in this Agreement (except, in the case of any Borrowing or issuance subsequent to the Closing Date, the representations and any other Financing Document warranties set forth in Section 4.04(c), 4.05, 4.06, 4.08, 4.13 and 4.14) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance issuance, except to the extent they expressly relate to an earlier date in which case they shall be correct as of a Letter of Creditsuch earlier date. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d3.02(c) and (e) of this Section3.02(d).

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, on the occasion of any Borrowing, Loan and the obligation of the Issuing Bank Lender to issue (or renew or extend the term of) any Letter of Credit is subject to the satisfaction of the following conditions:; (a) the fact that the Closing Date shall have occurred on receipt (or prior deemed receipt pursuant to January 31, 1997; (bSection 2.16(d) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 2.02 or receipt by the Issuing Bank Lender of a Notice of Issuance as required by Section 2.13(c)2.16, as the case may be; (cb) the fact that, that immediately after giving effect to such Borrowing or issuance of a such Letter of CreditCredit the Total Outstanding Amount will not exceed the Total Commitments, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments$50,000,000; (dc) the fact that, immediately before and after giving effect to such Borrowing or issuance of a such Letter of Credit, no Default shall have occurred and be continuing; and (ed) the fact that that, except as otherwise described by the Borrower in a writing to the Administrative Agent and waived by the Required Lenders, the representations and warranties of the Borrower contained in this Agreement (except, in the case of any Borrowing or issuance subsequent to the Closing Date, the representations and any other Financing Document warranties set forth in Sections 4.04(b), 4.05, 4.06, 4.08, 4.13 and 4.14) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance issuance, except to the extent they expressly relate to an earlier date in which case they shall be correct as of a Letter of Creditsuch earlier date. Each Borrowing and issuance of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d3.02(c) and (e) of this Section3.02(d).

Borrowings and Issuances of Letters of Credit. The obligation of any Bank to make a Loan, Loan on the occasion of any Borrowing, Borrowing and the obligation of the an Issuing Bank to issue (or renew or extend the term of) any Letter of Credit Credit, is subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January 31, 1997occurred; (b) receipt by the Agent of (i) a Notice of Borrowing as required by Section 2.022.02 or 2.03, as the case may be or receipt by the Issuing Bank of (ii) a Notice of Issuance as required by Section 2.13(c2.18(b); (c) the fact that, immediately after giving effect to such Borrowing or issuance of a Letter of Credit(or renewal or extension), the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities Total Outstanding Amount will not exceed the aggregate amount of the CommitmentsCommitments and the aggregate amount of the Letter of Credit Liabilities shall not exceed $125,000,000; (d) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Creditissuance, no Default shall have occurred and be continuing; and (e) the fact that the representations and warranties of the Borrower Company contained in this Agreement (other than the representations and any other Financing Document warranties set forth in Sections 4.04, 4.05 and 4.06, which are made only as of the Effective Date and the Closing Date) shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance. Each Borrowing or issuance of a Letter of Credit. Each Borrowing and issuance of a any Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower Company on the date of such Borrowing or issuance of a Letter of Credit as to the facts specified in clauses (c), (d) and (e) of this SectionSection 3.03.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank Lender to make a Loan, Loan on the occasion of any Borrowing, and the obligation of the Issuing Bank any Issuer to issue (or renew extend or extend allow an extension of the term expiry date of) any Letter of Credit is and the obligation of the Swingline Bank to make a Swingline Loan on the occasion of any Swingline Borrowing are each subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred on or prior to January before August 31, 19971998; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.022.2, receipt by the relevant Issuer of a notice of proposed issuance or extension as required by Section 2.14(b) or 2.14(f) or receipt by the Issuing Swingline Bank of a Notice of Issuance Swingline Borrowing as required by Section 2.13(c2.15(b), as the case may be; (c) the fact that, immediately before and after giving effect to such Borrowing or issuance of a Letter of Credit, the sum of the aggregate outstanding principal amount of the Loans and the aggregate amount of Letter of Credit Liabilities will not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after giving effect to such Borrowing or issuance extension of a Letter of Credit, no Default shall have occurred and be continuing; and (ed) the fact that the representations and warranties of the Borrower Obligors contained in this Agreement and any other Financing Document the Loan Documents shall be true in all material respects on and as of the date of and after giving effect to such Borrowing or issuance or extension of a Letter of CreditCredit (or, in the case of any representation or warranty which by its terms relates solely to an earlier date, on and as of such earlier date). Each Borrowing and each issuance or extension of a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing or issuance or extension of a Letter of Credit as to the facts specified in the foregoing clauses (c), (d3.2(c) and (e) of this Section3.2(d).