Common use of Conditions Precedent to All Borrowings Clause in Contracts

Conditions Precedent to All Borrowings. The obligation of each Lender to make an Advance on the occasion of each Borrowing shall be subject to the further conditions precedent that on the date of such Borrowing the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, or Notice of Conversion or Continuation and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing, such statements are true): (a) the representations and warranties contained in Article IV of this Agreement and the representations and warranties contained in the Security Instruments and each of the other Loan Documents are true and correct in all material respects (except to the extent such representation or warranty is already subject to a materiality qualifier, in which case such representation or warranty is true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing and to the application of the proceeds from such Borrowing, as though made on and as of such date; (b) no Default has occurred and is continuing or would result from such Borrowing or from the application of the proceeds therefrom; and (c) the Excess Cash on and as of the date of such Borrowing does not exceed $0.00, before and after giving effect to such Borrowing and to the application of the proceeds therefrom on or around such date, but in any event, not to exceed two (2) Business Days after such date.

Conditions Precedent to All Borrowings. The obligation of each Lender to make an Advance on the occasion of each Borrowing shall be subject to the further conditions precedent that on the date of such Borrowing Borrowing: (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Borrowing or Notice of Conversion or Continuation and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing, such statements are true): (ai) the representations and warranties contained in Article IV of this Agreement and the representations and warranties contained in the Security Instruments Instruments, the Guaranties, and each of the other Loan Documents are true and correct in all material respects (except to the extent such representation or warranty is already subject to a materiality qualifier, in which case such representation or warranty is true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing and to the application of the proceeds from such Borrowing, as though made on and as of such date;date (except in the case of representations and warranties which are made solely as of an earlier date or time, which representations and warranties shall be true and correct in all material respects as of such earlier date or time); and (bii) no Default has occurred and is continuing or would result from such Borrowing or from the application of the proceeds therefrom; and; (cb) the Excess Cash on and Administrative Agent shall have received such other approvals, opinions, or documents as of any Lender through the date of such Borrowing does not exceed $0.00, before and after giving effect to such Borrowing and to the application of the proceeds therefrom on or around such date, but in any event, not to exceed two (2) Business Days after such dateAdministrative Agent may reasonably request.

Conditions Precedent to All Borrowings. The obligation of each Lender to make an Advance on the occasion of each Borrowing shall be subject to the further conditions precedent that on the date of such Borrowing Borrowing: (i) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, or Borrowing and Notice of Conversion or Continuation and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing, Borrowing such statements are true): (ai) the representations and warranties contained in Article IV of this Agreement and the representations and warranties contained in the Security Instruments Instruments, the Guaranties, and each of the other Loan Documents are true and correct in all material respects (except to the extent such representation or warranty is already subject to a materiality qualifier, in which case such representation or warranty is true and correct in all respects) on and as of the date of such Borrowing, Borrowing before and after giving effect to such Borrowing and to the application of the proceeds from such Borrowing, as though made on and as of such date except to the extent that any such representation or warranty expressly relates solely to an earlier date;, in which case it shall have been true and correct in all material respects as of such earlier date; and (bii) no Default has occurred and is continuing or would result from such Borrowing or from the application of the proceeds therefrom; , and (cii) the Excess Cash on and Administrative Agent shall have received such other approvals, opinions, or documents reasonably deemed necessary or desirable by any Lender as a result of circumstances occurring after the date of such Borrowing does not exceed $0.00this Agreement, before and after giving effect to such Borrowing and to as any Lender through the application of the proceeds therefrom on or around such date, but in any event, not to exceed two (2) Business Days after such dateAdministrative Agent may reasonably request.