Common use of CONDITIONS OF LOANS AND LETTER OF CREDIT Clause in Contracts

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any Loan, and the Issuing Bank to issue any Letter of Credit and NationsBank to make any Swing Line Loan, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE II; (b) the representations and warranties of the Loan Parties set forth in ARTICLE VII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(i) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION 8.1 from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Loan, the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction of any such Loans, the Total Revolving Credit Commitment.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any LoanLoans, and the Issuing Bank to issue any Letter Letters of Credit and NationsBank to make any Swing Line LoanCredit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE Article II; (b) the representations and warranties of the Loan Parties Borrower, the Parent and their Subsidiaries set forth in ARTICLE Article VII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION Section 7.6(a)(i) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION Section 8.1 from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE Article X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Loan, the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction of any such Loans, the Total Revolving Credit Commitment.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any LoanLoans, and the Issuing Bank to issue any Letter Letters of Credit Credit, and of NationsBank to make any Swing Line Loan, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE IIArticle III; (b) the representations and warranties of the Loan Parties Borrower set forth in ARTICLE VII Article VIII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(iSection 8.6(a)(i) hereof shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION 8.1 Section 9.1 hereof from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X Article XI shall have occurred and be continuing; and (e) the Agent and the Lenders shall be reasonably satisfied that the Borrower and each Subsidiary will be Year 2000 Compliant on and after 90 days prior to year 2000. (f) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction exceed the lesser of any such Loans, (x) the Total Revolving Credit CommitmentCommitment or (y) the Borrowing Base.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any LoanRevolving Loans, and the Issuing Bank to issue any Letter Letters of Credit and NationsBank to make any Swing Line LoanLoans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE Article II; (b) the representations and warranties of the Loan Credit Parties set forth in ARTICLE Article VII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION Section 7.6(a)(i) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION Section 8.1 from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Advance or Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE Article X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (Xx) such Lender's Letter of Credit Commitment or (Yy) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and2,000,000; (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction of any such Loans, exceed the Total Revolving Credit Commitment.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders Lender to make any LoanLoans, and the Issuing Bank to issue any Letter Letters of Credit and NationsBank to make any Swing Line LoanCredit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank Lender shall have received a Borrowing Notice if required by ARTICLE II; (b) the representations and warranties of the Loan Parties Parent and the Subsidiaries set forth in ARTICLE VII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(i7.6(A) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders Lender pursuant to SECTION 8.1 from the date such financial statements are delivered to the Agent and the Lenders Lender in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower Borrowers with any of their Subsidiaries as co-applicant, as applicable, shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Loan, the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's the Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in for the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) exceed the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction of any such Loans, exceed the Total Revolving Credit Commitment. (iv) a Loan to or Letter of Credit issued for the benefit of TTI or WFI (or any Subsidiary of either TTI or WFI) the aggregate outstanding principal amount of Loans to or Letters of Credit for TTI and WFI (or Letters of Credit for the benefit of Subsidiaries of TTI and WFI) shall not exceed $5,000,000.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any LoanLoans, and the Issuing Bank to issue any Letter Letters of Credit and NationsBank to make any Swing Line LoanLoans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE II; (b) the representations and warranties of the Loan Parties Borrower and the Subsidiaries set forth in ARTICLE VII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(i7.6(a) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION 8.1 from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Loan, the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed the lesser of such Lender's Revolving Credit CommitmentCommitment or the amount obtained by multiplying such Lender's Applicable Commitment Percentage by the Borrowing Base; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,0002,500,000; and (iv) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction exceed the lesser of any such Loans, the Total Revolving Credit CommitmentCommitment or the Borrowing Base.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any LoanRevolving Loans, and the Issuing Bank to issue any Letter Letters of Credit and NationsBank to make any Swing Line LoanLoans, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE IIII and a Borrowing Base Certificate as of the last day of the immediately preceding month in the form of EXHIBIT J; (b) the representations and warranties of the Loan Parties set forth in ARTICLE VII VIII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(i8.6(A)(I) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION 8.1 9.1 from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with a Borrowing Base Certificate as of the last day of the immediately preceding month in the form of EXHIBIT J, together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X XI shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,0005,000,000; and (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction exceed the lesser of any such Loans, (A) the Total Revolving Credit CommitmentCommitment or (B) the Borrowing Base.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders Lender to make any LoanLoans, and the Issuing Bank to issue any Letter Letters of Credit and NationsBank to make any Swing Line LoanCredit, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank Lender shall have received a Borrowing Notice if required by ARTICLE II; (b) the representations and warranties of the Loan Parties set forth in ARTICLE VII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may besuch, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(i7.6(A) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders Lender pursuant to SECTION 8.1 from the date such financial statements are delivered to the Agent and the Lenders Lender in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan Advance or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Loan, (x) the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's the Total Revolving Credit Commitment; (y) if a Loan of Revolving Credit Facility A all outstanding Loans under such facility after giving effect to such Loan shall not exceed the lesser of the Borrowing Base and the Revolving Credit Facility A and (z) if a Loan of Revolving Credit Facility B all outstanding Loans under such facility after giving effect to such Loan shall not exceed Revolving Credit Facility B; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in for the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) exceed the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings outstanding Loans shall not exceed, after giving effect to any concurrent reduction of any such Loans, exceed the Total Revolving Credit Commitment.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to continue to make any LoanLoans, and the Issuing Bank to continue to issue any Letter Letters of Credit and NationsBank Bank of America to continue to make any Swing Line LoanLoans, hereunder on or subsequent to the Closing Effective Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank Bank of America shall have received a Borrowing Notice if required by ARTICLE IIArticle II and a Borrowing Base Certificate as of the last day of the immediately preceding month in the form of Exhibit J; (b) the representations and warranties of the Loan Credit Parties set forth in ARTICLE VII Article VIII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(iSection 8.6(a)(i) shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION 8.1 Section 9.1(a) from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with a Borrowing Base Certificate as of the last day of the immediately preceding month in the form of Exhibit J, together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE X Article XI shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Revolving Loan, the aggregate principal balance of all outstanding Revolving Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and7,500,000; (iv) a Revolving Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction exceed the lesser of any such Loans, (A) the Total Revolving Credit CommitmentCommitment or (B) the Borrowing Base minus the amount of any Term Loan B Outstandings; and (v) the Term Loan B, the Term Loan B Outstandings shall not exceed the lesser of (A) the Total Term Loan B Commitment and (B) the Borrowing Base minus the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings.

CONDITIONS OF LOANS AND LETTER OF CREDIT. The obligations of the Lenders to make any LoanLoans, and the Issuing Bank to issue any Letter Letters of Credit Credit, and of NationsBank to make any Swing Line Loan, hereunder on or subsequent to the Closing Date are subject to the satisfaction of the following conditions: (a) the Agent or, in the case of Swing Line Loans, NationsBank shall have received a Borrowing Notice if required by ARTICLE IIArticle III; (b) the representations and warranties of the Loan Parties Borrower set forth in ARTICLE VII Article VIII and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Advance, Swing Line Loan or Letter of Credit issuance or renewal, as the case may be, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in SECTION 7.6(a)(iSection 8.6(a)(i) hereof shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to SECTION 8.1 Section 9.1 hereof from the date such financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) in the case of the issuance of a Letter of Credit, the Borrower shall have executed and delivered to the Issuing Bank an Application and Agreement for Letter of Credit in form and content acceptable to the Issuing Bank together with such other instruments and documents as it shall request; (d) at the time of (and after giving effect to) each Advance, Swing Line Loan or the issuance of a Letter of Credit, no Default or Event of Default specified in ARTICLE Article X shall have occurred and be continuing; and (e) immediately after giving effect to: (i) a Loan, the aggregate principal balance of all outstanding Loans and Participations and Reimbursement Obligations for each Lender shall not exceed such Lender's Revolving Credit Commitment; (ii) a Letter of Credit or renewal thereof, the aggregate principal balance of all outstanding Participations in Letters of Credit and Reimbursement Obligations (or in the case of the Issuing Bank, its remaining interest after deduction of all Participations in Letters of Credit and Reimbursement Obligations of other Lenders) for each Lender and in the aggregate shall not exceed, respectively, (X) such Lender's Letter of Credit Commitment or (Y) the Total Letter of Credit Commitment; (iii) a Swing Line Loan, the Swing Line Outstandings shall not exceed $10,000,000; and (iv) a Loan, Swing Line Loan or a Letter of Credit or renewal thereof, the sum of Letter of Credit Outstandings plus Revolving Credit Outstandings plus Swing Line Outstandings shall not exceed, after giving effect to any concurrent reduction of any such Loans, the Total Revolving Credit Commitment.