Common use of Conditions Precedent to All Advances Clause in Contracts

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 5.3 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 5.3 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Term Loan C Advance, is subject to the following: (a) receipt Receipt of the Invoice TransmittalTransmittal or Loan Payment/Advance Request Form; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(c); and (c) each Each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal Transmittal/ Loan Payment/Advance Request Form, and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Advance Request and Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Advance Request and Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section Article 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section Article 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) a Deferred Revenue report, in form acceptable to Bank (c) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (cd) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s 's agreement to make each Advance, including the initial Advance, is subject to the following: (a) timely receipt of the Invoice Transmittal; (b) Bank Bank's shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 5.3 and Section 5.4 (if applicable) shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s 's representation and warranty on that date that the representations and warranties in Section 5 5.3 and Section 5.4 (if applicable) remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s Borrowers’ representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations confirmations, verifications and verifications notifications as described in Section 2.1.1(d) and 2.1.1 (de); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement obligations to make each Advance, including the initial Advance, is subject to the following: (a) timely receipt of any export purchase order and a Borrowing Base Certificate relating to the Invoice Transmittalrequest; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); andreceipt of a Payment/Advance Form; (c) each of the representations and warranties in Section 5 shall must be materially true on the date of the Invoice Transmittal Payment/Advance Form and on the effective date of each Advance and no Event of Default shall may have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in of Section 5 remain true; and (d) the Exim Guarantee is in full force and effect.

Conditions Precedent to All Advances. Bank’s 's agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s 's representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described asdescribed in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Advance Request and Invoice TransmittalTransmittal and Export Order; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and; (c) each of the representations and warranties in Section 5 shall be true on the date of the Advance Request and Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true; and (d) the Exim Guarantee will be in full force and effect.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice TransmittalTransmittal and Export Order; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and; (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true; and (d) the Exim Guarantee will be in full force and effect.

Conditions Precedent to All Advances. Bank’s 's agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s 's representation and warranty on that date that the representations and warranties in Section 5 remain true.. 4 CREATION OF SECURITY INTEREST

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true in all material respects on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the requested Advance. Each request for an Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s 's agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the such Advance. Each Advance is Borrower’s 's representation and warranty on that date that the representations and warranties in Section 5 remain true.. 4 CREATION OF SECURITY INTEREST

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d); and (c) each of the representations and warranties in Section 5 shall be true in all material respects on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain truetrue in all material respects.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section 5 shall be true and correct in all material respects on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain truetrue and correct in all material respects. (d) in Bank’s sole discretion, there has not been a Material Adverse Change.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section 5 shall be true on the date of or the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d) (not applicable for Non-Formula Advances); and (c) each of the representations and warranties in Section 5 shall be true in all material respects on the date of the Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain truetrue in all material respects.

Conditions Precedent to All Advances. Bank’s 's agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section Article 5 shall be true on the date of the Invoice Transmittal and on the effective date of each Advance (except to the extent such representations and warranties relate to a specific date) and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s 's representation and warranty on that date that the representations and warranties in Section Article 5 remain truetrue (except to the extent such representations and warranties relate to a specific date).

Conditions Precedent to All Advances. Bank’s agreement to make each Advance, including the initial Advance, is subject to the following: (a) receipt of the Advance Request and Invoice Transmittal; (b) Bank shall have (at its option) conducted the confirmations and verifications as described in Section 2.1.1 (d2.1.1(d); and (c) each of the representations and warranties in Section 5 shall be true on the date of the Advance Request and Invoice Transmittal and on the effective date of each Advance and no Event of Default shall have occurred and be continuing, or result from the Advance. Each Advance is Borrower’s representation and warranty on that date that the representations and warranties in Section 5 remain true.” and inserting in lieu thereof the following: