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 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) receipt by the Agent of (i) a Notice of Borrowing as required by ‎Section 2.02 or ‎2.03, as the case may be or (ii) a Notice of Issuance as required by ‎Section 2.18(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; (c) the fact that, immediately before and after such Borrowing or issuance, no Default shall have occurred and be continuing; and (d) the fact that the representations and warranties of the Company contained in this Agreement (other than the representations and warranties set forth in Sections ‎4.04, ‎4.05 and ‎4.06, which are made only as of the date hereof) shall be true on and as of the date of such Borrowing or issuance. Each Borrowing or issuance of any Letter of Credit hereunder shall be deemed to be a representation and warranty by the Company on the date of such Borrowing or issuance as to the facts specified in clause ‎(d) of this Section.

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 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) receipt by the Agent of (i) a Notice of Borrowing as required by ‎Section Section 2.02 or ‎2.032.03, as the case may be or (ii) a Notice of Issuance as required by ‎Section Section 2.18(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 $100,000,000100,000,000 ; (c) the fact that, immediately before and after such Borrowing or issuance, no Default shall have occurred and be continuing; and (d) the fact that the representations and warranties of the Company contained in this Agreement (other than the representations and warranties set forth in Sections ‎4.044.04, ‎4.05 4.05 and ‎4.064.06, which are made only as of the date hereof) shall be true on and as of the date of such Borrowing or issuance. Each Borrowing or issuance of any Letter of Credit hereunder shall be deemed to be a representation and warranty by the Company on the date of such Borrowing or issuance as to the facts specified in clause ‎(d(d) of this Section.

Borrowings and Issuances of Letters of Credit. The obligation of any Bank to make a Loan on the occasion of any Borrowing Borrowing, and the obligation of an any LC Issuing Bank to issue (or renew extend or extend allow an extension of the term expiry date of) any Letter of CreditCredit (any such event, a "CREDIT EVENT"), is subject to the satisfaction of the following conditions: (a) receipt by the Administrative Agent of (i) a Notice of Borrowing as required by ‎Section 2.02 Section 2.02, or ‎2.03receipt by the relevant LC Issuing Bank of a notice of proposed issuance or extension as required by Section 2.16(b) or 2.16(f), as the case may be or (ii) a Notice of Issuance as required by ‎Section 2.18(b)be; (b) the fact that, immediately before and after such Borrowing or issuance (or renewal or extension)Credit Event, the Total Outstanding Amount will not exceed the aggregate amount of the Commitments no Default shall have occurred and the aggregate amount of the Letter of Credit Liabilities shall not exceed $100,000,000be continuing; (c) the fact that, immediately before and after such Credit Event, the Total Outstanding Amount will not exceed the Borrowing or issuance, no Default shall have occurred and be continuingBase at such time; and (d) the fact that the representations and warranties of the Company Obligors contained in this Agreement (other than the representations and warranties set forth in Sections ‎4.04, ‎4.05 and ‎4.06, which are made only as of the date hereof) Financing Documents shall be true on and as of the date of such Borrowing or issuanceCredit Event (except Sections 4.04(a), 4.04(b), 4.11 and 4.14, which representations relate solely to an earlier date and were true and correct in all material respects on such earlier date). Each Credit Event Borrowing and each issuance or issuance extension of any a Letter of Credit hereunder shall be deemed to be a representation and warranty by the Company Borrower on the date of such Borrowing or issuance Credit Event as to the facts specified in clause ‎(dclauses (c) and (d) of this Section.

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 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) receipt by the Agent of (i) a Notice of Borrowing as required by ‎Section Section 2.02 or ‎2.032.03, as the case may be or (ii) a Notice of Issuance as required by ‎Section Section 2.18(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; (c) the fact that, immediately before and after such Borrowing or issuance, no Default shall have occurred and be continuing; and (d) the fact that the representations and warranties of the Company contained in this Agreement (other than the representations and warranties set forth in Sections ‎4.044.04, ‎4.05 4.05 and ‎4.064.06, which are made only as of the date hereof) shall be true on and as of the date of such Borrowing or issuance. Each Borrowing or issuance of any Letter of Credit hereunder shall be deemed to be a representation and warranty by the Company on the date of such Borrowing or issuance as to the facts specified in clause ‎(d(d) of this Section.