Common use of Conditions of All Borrowings Clause in Contracts

Conditions of All Borrowings. The obligation of each Lender to make ---------------------------- any Loans hereunder, including the initial Loans, is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date: (a) The Agent shall have received a Notice of Borrowing in accordance with Section 2.2(b); (b) Each of the representations and warranties contained in Sections 4.1, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9(g), 4.10, 4.11, 4.12, 4.14, 4.17, 4.19 and 4.22 shall be true and correct on and as of such Borrowing Date (including the Closing Date, in the case of the initial Loans made hereunder) or date of issuance with the same effect as if made on and as of such date, both immediately before and after giving effect to the Loans to be made on such date (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date); and (c) No Default or Event of Default shall have occurred and be continuing on such date hereunder, both immediately before and after giving effect to the Loans to be made on such date; provided, however, that for determinations of whether there is a Default or Event of Default on account of a violation of Section 6.3 or 6.4, the fair market value of the Eligible Investments of the Borrower or Terra Nova UK shall be deemed to be the fair market value of the Eligible Investments held by such Person five (5) Business Days before the date of Borrowing. (d) Each giving of a Notice of Borrowing, and the consummation of each Borrowing, shall be deemed to constitute a representation by the Borrower that the statements contained in subsections (b) and (c) above are true, both as of the date of such notice or request and as of the relevant Borrowing Date.

Conditions of All Borrowings. The obligation of each Lender to make ---------------------------- any Loans hereunder, including the initial Loans, is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date: (a) The Agent shall have received a Notice of Borrowing in accordance with Section 2.2(b); (b) Each of the representations and warranties contained in Sections 4.1, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9(g), 4.10, 4.11, 4.12, 4.14, 4.17, 4.19 and 4.22 shall be true and correct on and as of such Borrowing Date (including the Closing Date, in the case of the initial Loans made hereunder) or date of issuance with the same effect as if made on and as of such date, both immediately before and after giving effect to the Loans to be made on such date (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date); and (c) No Default or Event of Default shall have occurred and be continuing on such date hereunder, both immediately before and after giving effect to the Loans to be made on such date; provided, however, that for determinations of whether there is a Default or Event of Default on account of a violation of Section 6.3 or 6.4, the fair market value of the Eligible Investments of the Borrower or Terra Nova UK shall be deemed to be the fair market value of the Eligible Investments held by such Person five (5) Business Days before the date of Borrowing. (d) Each giving of a Notice of Borrowing, and the consummation of each Borrowing, shall be deemed to constitute a representation by the Borrower that the statements contained in subsections (b) and (c) above are true, both as of the date of such notice or request and as of the relevant Borrowing Date.

Conditions of All Borrowings. The obligation of each Lender to make ---------------------------- any Loans hereunder, including the initial Loans, is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date: (a) The Administrative Agent shall have received a Notice of Borrowing in accordance with Section 2.2(b); (b) Each of the representations and warranties contained in Sections 4.1, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9(g), 4.10, 4.11, 4.12, 4.14, 4.17, 4.18 and 4.19 and 4.22 shall be true and correct on and as of such 37 Borrowing Date (including the Closing Date, in the case of the initial any Loans made hereunderhereunder on the Closing Date) or date of issuance with the same effect as if made on and as of such date, both immediately before and after giving effect to the Loans to be made on such date (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date); and (c) No Default or Event of Default shall have occurred and be continuing on such date hereunder, both immediately before and after giving effect to the Loans to be made on such date; provided, however, that for determinations of whether there is a Default or Event of Default on account of a violation of Section 6.3 or 6.46.3, the fair market value of the Eligible Investments of the Borrower or Terra Nova UK any Subsidiary shall be deemed to be the fair market value of the Eligible Investments held by such Person five (5) Business Days before the date of Borrowing. (d) Each giving of a Notice of Borrowing, and the consummation of each Borrowing, shall be deemed to constitute a representation by the Borrower that the statements contained in subsections (b) and (c) above are true, both as of the date of such notice or request and as of the relevant Borrowing Date.

Conditions of All Borrowings. The Except as otherwise provided in Section 2.21, the obligation of each Lender to make ---------------------------- any Loans hereunder, including the initial Revolving Loans and Swingline Loans, is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date: (a) The Administrative Agent shall have received a Notice of Revolving Borrowing in accordance with Section 2.2(b) or Notice of Swingline Borrowing in accordance with Section 2.21(b), as the case may be; (b) Each of the representations and warranties contained in Sections 4.1, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9(g)4.9, 4.10, 4.11, 4.12, 4.14, 4.17, 4.19 4.15 and 4.22 4.16 shall be true and correct on and as of such Borrowing Date (including the Closing Date, in the case of the initial any Loans made hereunderhereunder on the Closing Date) or date of issuance with the same effect as if made on and as of such date, both immediately before and after giving effect to the Loans to be made on such date (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date); and (c) No Default or Event of Default shall have occurred and be continuing on such date hereunder, both immediately before and after giving effect to the Loans to be made on such date; provided, however, that for determinations of whether there is a Default or Event of Default on account of a violation of Section 6.3 or 6.46.3, the fair market value of the Eligible Investments of the Borrower or Terra Nova UK any Subsidiary shall be deemed to be the fair market value of the Eligible Investments held by such Person five (5) Business Days before the date of Borrowing. (d) Each giving of a Notice of Borrowing, and the consummation of each Borrowing, shall be deemed to constitute a representation by the Borrower that the statements contained in subsections (b) and (c) above are true, both as of the date of such notice or request and as of the relevant Borrowing Date.

Conditions of All Borrowings. The obligation of each Lender to make ---------------------------- any Loans hereunder, including hereunder (but excluding Revolving Loans made for the initial Loans, purpose of repaying Refunded Swingline Loans pursuant to Section 2.2(e)) is subject to the satisfaction of the following conditions precedent on the relevant Borrowing Date: (a) The Administrative Agent shall have received a Notice of Borrowing in accordance with Section 2.2(b), or (together with the Swingline Lender) a Notice of Swingline Borrowing in accordance with Section 2.2(d), as applicable; (b) Each of the representations and warranties contained in Sections 4.1, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9(g), 4.10, 4.11, 4.12, 4.14, 4.17, 4.19 Article IV and 4.22 in the other Credit Documents qualified as to materiality shall be true and correct and those not so qualified shall be true and correct in all material respects, in each case on and as of such Borrowing Date (including the Closing Date, in the case of the initial Loans made hereunder, if any) or date of issuance with the same effect as if made on and as of such date, both immediately before and after giving effect to the Loans to be made on such date (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date); and (c) No Default or Event of Default shall have occurred and be continuing on such date hereunderdate, both immediately before and after giving effect to the Loans to be made on such date; provided, however, that for determinations of whether there is a Default or Event of Default on account of a violation of Section 6.3 or 6.4, the fair market value of the Eligible Investments of the Borrower or Terra Nova UK shall be deemed to be the fair market value of the Eligible Investments held by such Person five (5) Business Days before the date of Borrowing. (d) . Each giving of a Notice of Borrowing or a Notice of Swingline Borrowing, and the consummation of each Borrowing, shall be deemed to constitute a representation by the Borrower that the statements contained in subsections (bSections 3.2(b) and (c3.2(c) above are true, both as of the date of such notice or request and as of the relevant Borrowing Date.

Conditions of All Borrowings. The obligation of each Lender to make ---------------------------- any Loans hereunder, including the initial Loans, hereunder is subject to the satisfaction of the following conditions precedent on the relevant Borrowing DateDate or date of issuance: (a) The Agent shall have received a Notice of Borrowing in accordance with Section 2.2(b); (b) Each of the representations and warranties contained in Sections 4.1, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9(g), 4.10, 4.11, 4.12, 4.14, 4.17, 4.19 Article IV and 4.22 in the other Credit Documents that is not qualified as to materiality shall be true and correct in all material respects, and each of the representations and warranties of the Borrowers contained in Article IV and the other Credit Documents that is qualified as to materiality shall be true and correct, in each case on and as of such Borrowing Date (including the Closing Date, in the case of the initial Loans made hereunder) or date of issuance with the same effect as if made on and as of such date, both immediately before and after giving effect to the Loans to be made on such date (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty shall be true and correct in all material respects as of such date); and (c) No Default or Event of Default shall have occurred and be continuing on such date hereunderdate, both immediately before and after giving effect to the Loans to be made on such date; provided, however, that for determinations of whether there is a Default or Event of Default on account of a violation of Section 6.3 or 6.4, the fair market value of the Eligible Investments of the Borrower or Terra Nova UK shall be deemed to be the fair market value of the Eligible Investments held by such Person five (5) Business Days before the date of Borrowing. (d) . Each giving of a Notice of Borrowing, and the consummation of each Borrowing, shall be deemed to constitute a representation by the Borrower that the statements contained in subsections (b) and (c) above are true, both as of the date of such notice or request and as of the relevant Borrowing Date.