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

Borrowings and Issuances of Letters of Credit. The obligation of any Lender to make a Loan on the occasion of any Borrowing, the obligation of any Issuer to issue (or extend or allow an extension of the expiry date of) any Letter of Credit 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 Effective Date shall have occurred on or before April 1, 2000; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.02, 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 Swingline Bank of a Notice of Swingline Borrowing as required by Section 2.15(b), as the case may be; (c) the fact that, immediately after such Borrowing or issuance or extension of a Letter of Credit, (i) in the case of a Tranche I Revolving Borrowing, the Total Outstanding Tranche I Revolving Amount shall not exceed the Total Tranche I Revolving Loan Commitment Amount and (ii) in the case of a Tranche II Revolving Borrowing, the Total Outstanding Tranche II Revolving Amount shall not exceed the Total Tranche II Revolving Loan Commitment Amount. (d) the fact that, immediately before and after such Borrowing or issuance or extension of a Letter of Credit, no Default shall have occurred and be continuing; and (e) the fact that the representations and warranties of the Obligors contained in the Loan Documents shall be true on and as of the date of such Borrowing or issuance or extension of a Letter of Credit (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 3.03(c), 3.03(d) and 3.03(e).

Borrowings and Issuances of Letters of Credit. The obligation of any Lender to make a Loan on the occasion of any Borrowing, the obligation of any Issuer the Issuing Lender to issue (or renew or extend or allow an extension of the expiry date term of) any Letter of Credit and the obligation of the Swingline Bank Swing Line Lender to make a Swingline any Swing Line Loan on the occasion of any Swingline Borrowing are each subject to the satisfaction of the following conditions: (a) the fact that the Effective Date shall have occurred on or before April 1, 2000; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.022.02 or 2.03, or receipt by the relevant Issuer Issuing Lender of a notice Notice of proposed issuance or extension Issuance as required by Section 2.14(b) or 2.14(f) or receipt by the Swingline Bank of a Notice of Swingline Borrowing as required by Section 2.15(b2.21(b), as the case may be; (cb) the fact that, immediately after such any Borrowing of Revolving Loans or Swing Line Loans or issuance or extension of a Letter of Credit, (i) in the case sum of a Tranche I the aggregate outstanding principal amount of Revolving Borrowing, Loans and Swing Line Loans and the Total Outstanding Tranche I Revolving Amount shall aggregate amount of Letter of Credit Liabilities will not exceed the Total Tranche I aggregate amount of the Revolving Loan Commitment Amount and (ii) in the case of a Tranche II Revolving Borrowing, the Total Outstanding Tranche II Revolving Amount shall not exceed the Total Tranche II Revolving Loan Commitment Amount.Commitments; (dc) the fact that, immediately before and after such any Borrowing or issuance or extension of a Letter of Credit, no Default or Event of Default shall have occurred and be continuing; and; (ed) the fact that the representations and warranties of the Obligors Borrower contained in this Agreement (except the Loan Documents representations and warranties set forth in Section 4.04 and Section 4.05, in each case as to any matter which has theretofore been disclosed in writing by the Borrower to the Lenders) shall be true on and as of the date of such Borrowing or issuance or extension of such Letter of Credit; (e) in the case of an issuance of a Letter of Credit, 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; (or, f) in the case of any representation or warranty which by its terms relates solely to an earlier datethe Borrowing of Term Loans made on the Availability Date, on and as the principal amount of such earlier dateLoans will not exceed the Term Loan Commitment; (g) in the case of the making of the initial Loans and the issuance of the initial Letters of Credit hereunder, no Default or Event of Default shall have occurred and remain continuing under the Five Year Credit Agreement; and (h) unless all of the Lenders otherwise consent in their sole and absolute discretion, no Loan, Letter of Credit or other credit accommodations will in any event be available hereunder prior to the Availability Date (and then, only concurrently with the termination of the commitments under the Five Year Credit Agreement and the repayment in full of all obligations thereunder). 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 3.03(c(b), 3.03(d(c), (d), (e) and 3.03(e)(f) of this Section, as applicable.

Borrowings and Issuances of Letters of Credit. The obligation of any Lender to make a Loan on the occasion of any Borrowing, the obligation of any Issuer the Issuing Lender to issue (or renew or extend or allow an extension of the expiry date term of) any Letter of Credit and the obligation of the Swingline Bank Swing Line Lender to make a Swingline any Swing Line Loan on the occasion of any Swingline Borrowing are each subject to the satisfaction of the following conditions: (a) the fact that the Effective Date shall have occurred on or before April 1, 2000; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.022.02 or 2.03, or receipt by the relevant Issuer Issuing Lender of a notice Notice of proposed issuance or extension Issuance as required by Section 2.14(b) or 2.14(f) or receipt by the Swingline Bank of a Notice of Swingline Borrowing as required by Section 2.15(b2.19(b), as the case may be; (cb) the fact that, immediately after such any Borrowing of Revolving Loans or Swing Line Loans or issuance or extension of a Letter of Credit, (i) in the case sum of a Tranche I the aggregate outstanding principal amount of Revolving Borrowing, Loans and Swing Line Loans and the Total Outstanding Tranche I Revolving Amount shall aggregate amount of Letter of Credit Liabilities will not exceed the Total Tranche I aggregate amount of the Revolving Loan Commitment Amount and (ii) in the case of a Tranche II Revolving Borrowing, the Total Outstanding Tranche II Revolving Amount shall not exceed the Total Tranche II Revolving Loan Commitment Amount.Commitments; (dc) the fact that, immediately before and after such any Borrowing or issuance or extension of a Letter of Credit, no Default or Event of Default shall have occurred and be continuing; and; (ed) the fact that the representations and warranties of the Obligors Borrower contained in this Agreement (except the Loan Documents representations and warranties set forth in Section 4.04 and Section 4.05, in each case as to any matter which has theretofore been disclosed in writing by the Borrower to the Lenders) shall be true on and as of the date of such Borrowing or issuance or extension of such Letter of Credit; (e) in the case of an issuance of a Letter of Credit, 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; and (or, f) in the case of any representation or warranty which by its terms relates solely to an earlier datethe Borrowing of Term Loans, on and as the principal amount of such earlier date)Loans will not exceed the Term Loan Commitment. 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 3.03(c(b), 3.03(d(c), (d), (e) and 3.03(e)(f) of this Section, as applicable.

Borrowings and Issuances of Letters of Credit. The obligation of any Lender to make a Loan on the occasion of any Borrowing, the obligation of any Issuer the Issuing Lender to issue (or renew or extend or allow an extension of the expiry date term of) any Letter of Credit and the obligation of the Swingline Bank Swing Line Lender to make a Swingline any Swing Line Loan on the occasion of any Swingline Borrowing are each subject to the satisfaction of the following conditions: (a) the fact that the Effective Date shall have occurred on or before April 1, 2000; (b) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.022.04, or receipt by the relevant Issuer Issuing Lender of a notice Notice of proposed issuance or extension Issuance as required by Section 2.14(b) or 2.14(f) or receipt by the Swingline Bank of a Notice of Swingline Borrowing as required by Section 2.15(b2.22(b), as the case may be; (cb) the fact that, immediately after such Borrowing or issuance or extension of a Letter of Credit, (i) in the case of a Tranche I Revolving Borrowing, the Total Outstanding Tranche I Revolving Amount shall not exceed the Total Tranche I Revolving Loan Commitment Amount and (ii) in the case of a Tranche II Revolving Borrowing, the Total Outstanding Tranche II Revolving Amount shall not exceed the Total Tranche II Revolving Loan Commitment Amount. (d) the fact that, immediately before and after such Borrowing or issuance or extension of a Letter of Credit, no Default or Event of Default shall have occurred and be continuing; and; (ec) the fact that the representations and warranties of the Obligors Borrowers contained in the Loan Documents this Agreement shall be true on and as of the date of such Borrowing or issuance or extension of such Letter of Credit, provided that in the case of the initial Loans and Letters of Credit to be issued hereunder on the Effective Date, only those representations and warranties set forth on Schedule 7 shall be required to be true and correct; and (d) In the case of a Letter credit extension to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of Credit the Administrative Agent, the Required Lenders (or, in the case of any representation Loans to be denominated in an Alternative Currency) or warranty which by its terms relates solely the Issuing Lender (in the case of any Letter of Credit to be denominated in an earlier date, on and as of Alternative Currency) would make it impracticable for such earlier date)credit extension to be denominated in the relevant Alternative Currency. 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 Borrowers on the date of such Borrowing or issuance or extension of a Letter of Credit as to the facts specified in the foregoing clauses 3.03(c), 3.03(d(b) and 3.03(e)(c) of this Section.