Common use of CONDITIONS OF EACH EXTENSION OF CREDIT Clause in Contracts

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent of the proceeds of such credit shall constitute a representation and warranty by Borrowers that on the date such credit is advanced such statements are true: (i) the representations and warranties of Borrowers contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and (ii) no Default is continuing or would result from the credit being advanced; (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender shall have received such additional documents, information and materials as any Lender, through Administrative Lender, may reasonably request; and (d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' ’ Agent of the proceeds of such credit shall constitute a representation and warranty by Borrowers that on the date such credit is advanced such statements are true: (i) the representations and warranties of Borrowers contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and (ii) no Default is continuing or would result from the credit being advanced; (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender shall have received such additional documents, information and materials as any Lender, through Administrative Lender, may reasonably request; and (d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent of the proceeds of such credit shall constitute a representation and warranty by Borrowers that on the date such credit is advanced such statements are true: (i) the representations and warranties of Borrowers contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and; (ii) no Default is continuing or would result from the credit being advanced;; and (iii) no "Potential Event of Default" (as defined in the Australian Facilities) exists. (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender shall have received such additional documents, information and materials as any Lender, through Administrative Lender, may reasonably request; and (d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender Bank to make any credit available under the Loan Documents (including any Loan being made by such Lender Bank on the Closing Date) ), other than a continuation or conversion of a Loan as provided in Section 2.3(a), shall be subject to the further conditions precedent that: (a) the The following statements shall be true on the date of such credit is advancedLoan, both before and after giving effect thereto and to the application of the proceeds therefrom, therefrom (and the acceptance by Borrowers' Agent Borrower of the proceeds of such credit Loan shall constitute a representation and warranty by Borrowers Borrower that on the date of such credit is advanced Loan or such issuance such statements are true:): (i) the representations and warranties of Borrowers Borrower contained in the Loan Documents are correct in all material respects on and as of such date or as though made on and as of such date ordate, or as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and (ii) no Default is continuing or would result from the credit Loans being advancedmade on such date; (b) advancing such credit The making of the Loans on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender Bank shall have received such additional documents, information and materials as any Lender, through Administrative Lender, Bank may reasonably request; and (d) no No event or circumstance exists that which could reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent Borrower of the proceeds of such credit shall constitute a representation and warranty by Borrowers Borrower that on the date such credit is advanced such statements are true: (i) the representations and warranties of Borrowers Borrower contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and (ii) no Default is continuing or would result from the credit being advanced; (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender shall have received such additional documents, information and materials as any Lender, through Administrative Lender, may reasonably request; and (d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) and of the L/C Bank to issue any Letter of Credit shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date of such credit is advancedLoan or issuance, both before and after giving effect thereto and to the application of the proceeds therefrom, therefrom (and the acceptance by Borrowers' Agent Borrower of the proceeds of such credit Loan or by the beneficiary thereof or its designee of such Letter of Credit shall constitute a representation and warranty by Borrowers Borrower that on the date of such credit is advanced Loan or such issuance such statements are true:): (i) the representations and warranties of Borrowers Borrower contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and (ii) no Default is continuing or would result from the credit Loans being advancedmade or the Letter of Credit being issued on such date; (b) advancing the making of the Loans or the issuance of such credit Letter of Credit on such date does not violate any Governmental Rule Rules and is not enjoined, temporarily, preliminarily or permanently; (c) the Administrative Lender shall have received such additional documents, information and materials as any LenderLender or the L/C Bank, through the Administrative Lender, may reasonably request; and (d) no event or circumstance exists that could can reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being the Loans made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent Borrower of the proceeds of such credit shall constitute a representation and warranty by Borrowers Borrower that on the date such credit is advanced such statements are true: (i) the representations and warranties of Borrowers the Loan Parties contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date, except that the representations and warranties made under Section 4.5 shall be deemed to refer to the most recent financial statements furnished to Administrative Agent under Section 6.3; and (ii) no Default is continuing or would result from the credit being advanced; (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender Agent shall have received such additional documents, information and materials as any Lender, through Administrative LenderAgent, may reasonably request; and (d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date of such credit is advancedLoan, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent Borrower of the proceeds of such credit Loan shall constitute a representation and warranty by Borrowers Borrower that on the date of such credit is advanced Loan or such issuance such statements are true: (i) the representations and warranties of Borrowers Borrower contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date; and (ii) no Default is continuing or would result from the credit Loan being advancedmade; (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently; (c) Administrative Lender shall have received such additional documents, information and materials as any Lender, through Administrative Lender, Lender may reasonably request; and (dc) no event or circumstance exists that could can reasonably be expected to have a Material Adverse Effect.

CONDITIONS OF EACH EXTENSION OF CREDIT. The obligation of each Lender to make any credit available under the Loan Documents (including any Loan being the Loans made by such Lender on the Closing Date) shall be subject to the further conditions precedent that: (a) the following statements shall be true on the date such credit is advanced, both before and after giving effect thereto and to the application of the proceeds therefrom, and the acceptance by Borrowers' Agent Borrower of the proceeds of such credit shall constitute a representation and warranty by Borrowers Borrower that on the date such credit is advanced such statements are true: (i) the representations and warranties of Borrowers the Loan Parties contained in the Loan Documents are correct in all material respects on and as of such date as though made on and as of such date or, as to those representations and warranties limited by their terms to a specified date, were correct in all material respects on and as of such date, except that the representations and warranties made under Section 4.5 shall be deemed to refer to the most recent financial statements furnished to Administrative Agent under Section 6.3; and (ii) no Default is continuing or would result from the credit being advanced; (b) advancing such credit on such date does not violate any Governmental Rule and is not enjoined, temporarily, preliminarily or permanently;; CREDIT AGREEMENT PAGE 37 (c) Administrative Lender Agent shall have received such additional documents, information and materials as any Lender, through Administrative LenderAgent, may reasonably request; and (d) no event or circumstance exists that could reasonably be expected to have a Material Adverse Effect.