Common use of Conditions Precedent to All Borrowings Clause in Contracts

Conditions Precedent to All Borrowings. The obligations of the Lenders to make any Loans hereunder (including any Loans to be made on the initial Borrowing Date) is subject to the further conditions precedent that on the date of such Borrowing: (a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied; (b) The representations and warranties set forth in Article IV (other than the representation set forth in Section 4.07(c)) and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan (unless such representation and warranty expressly relates to an earlier date), and by the Company's delivery of a Borrowing Request the Company shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects; (c) The Company shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may be; and (d) No Default or Event of Default shall have occurred and be continuing or would result from such Borrowing. The acceptance of the benefits of each Borrowing shall constitute a representation and warranty by the Company to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.

Conditions Precedent to All Borrowings. The obligations obligation of the Lenders each Lender to make any Loans hereunder (including any Loans to be made an Advance on the initial occasion of each Borrowing Date) is shall be subject to the further conditions precedent that on the date of such Borrowing: (a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied; (b) The representations and warranties set forth in Article IV (other than , the representation set forth in Section 4.07(c)) and in the other Loan Documents following statements shall be true (and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date each of the proposed Loan (unless such representation giving of the applicable notice of borrowing and warranty expressly relates to an earlier date), and the acceptance by the Company's delivery of a Borrowing Request the Company shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respects; (c) The Company shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may be; and (d) No Default or Event of Default shall have occurred and be continuing or would result from such Borrowing. The acceptance Borrower of the benefits proceeds of each such Borrowing shall constitute a representation and warranty by the Company to 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 Subordinated Security Instruments, the Guaranties, and each of the Lenders that other Subordinated Loan Documents are true and correct in all material respects on and as of the conditions specified in this Section 3.02 above exist 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 that timesuch date (unless such representations and warranties are stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respect as of such earlier date); and (b) no Default has occurred and is continuing or would result from such Borrowing or from the application of the proceeds therefrom.

Conditions Precedent to All Borrowings. The obligations of the Lenders Lender shall not be obliged to make any Loans Loan available hereunder (including any Loans to be made on the initial Borrowing DateLoan) is subject to the further conditions precedent that on the date of such Borrowingunless: (a) The conditions precedent set forth in Section 3.01 Lender shall have theretofore been satisfiedreceived the relevant Borrowing Notice as required by Section 2.1 and after making the Loan in question, the aggregate principal amount owing hereunder shall not exceed the Commitment; (b) There shall exist no Default or Event of Default on the applicable Borrowing Date, and the Borrower shall have delivered to the Lender a certificate of the Borrower to such effect; (c) The representations and warranties set forth contained in Article IV (other than the representation set forth in Section 4.07(c)) and in the other Loan Documents ARTICLE 3 shall be true on and correct in all material respects as of, and of the applicable Borrowing Date with the same effect as if such representations and warranties were had been made on, the Borrowing Date on and as of the proposed Loan (unless such representation and warranty expressly relates to an earlier date)applicable Borrowing Date, and by the Company's delivery of a Borrowing Request the Company Borrower shall be deemed to have certified delivered to the Administrative Agent and Lender a certificate of an officer of the Lenders that Borrower to such representations and warranties are true and correct in all material respectseffect; (cd) The Company All conditions specified in Section 4.1, to the extent not previously satisfied for any reason, shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may bebeen satisfied; and (de) No Default or Event of Default there shall have occurred and be continuing been no material adverse change in the business, affairs or would result from such Borrowing. The acceptance prospects of the benefits of each Borrowing shall constitute a representation and warranty by the Company to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that timeBorrower or its subsidiaries.

Conditions Precedent to All Borrowings. The obligations obligation of the Lenders to make any Loans hereunder Loan (including any Loans to be made Loan on the initial Borrowing Date) is subject to the further conditions precedent that on the date of such Borrowing: (a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied; (b) The representations and warranties set forth in Article IV (other than the representation set forth in Section 4.07(c)) and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan (unless such representation and warranty expressly relates to an earlier date), and by the Company's delivery of a Borrowing Request the Company shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respectsrespects by the Company's delivery of a Borrowing Request; (c) The Company shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may be; and; (d) No Default or Event of Default shall have occurred and be continuing or would result from such Borrowing; and (e) The Administrative Agent and the Lenders shall have received such other approvals, opinions or documents as the Administrative Agent or the Required Lenders may reasonably request. The acceptance of the benefits of each Borrowing shall constitute a representation and warranty by the Company to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.

Conditions Precedent to All Borrowings. The obligations of the Lenders to make any Loans hereunder Each Borrowing (including any Loans to be made on the initial Borrowing DateBorrowing) is hereunder shall be subject to the further conditions precedent that: (a) the Administrative Agent and each Funding Agent shall have received such approvals, documents, instruments, certificates and opinions as it may reasonablythey may reasonably request and as are reasonably necessary to (i) establish the then-applicable Maximum Available Borrowing hereunder or (ii) to establish or confirm the legality of the Borrowing hereunder after giving effect to any material change in law, regulation or the interpretation thereof; provided that the company shall have received not less than ten (10) Business Days’ notice of such request; and (b) on the date of such Borrowing the following statements shall be true (and acceptance of the proceeds of any such Borrowing shall be deemed a representation and warranty by the Company that such statements are then true by reference to the facts and circumstances existing on the date of such Borrowing:): (ai) The conditions precedent set forth in the Company (or the Master Servicer on behalf of the Company) has delivered a Borrowing Request complying with the requirements of Section 3.01 shall have theretofore been satisfied3.1; (bii) The the Facility Termination Date has not occurred and no event exists, or would result from such Borrowing, that constitutes a Termination Event or Potential Termination Event; (iii) after giving effect to such Borrowing, the Maximum Available Borrowing is not exceeded; and (iv) all of the representations and warranties set forth made by each of the Company, the Master Servicer and each Originator in Article IV (other than the representation set forth in Section 4.07(c)) and in the other Loan Documents shall be each Transaction Document to which it is a party are true and correct in all material respects as of, on and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan date of such Borrowing as if made on and as of such date (unless such representation and warranty expressly relates to an earlier date), and by the Company's delivery of a Borrowing Request the Company shall be deemed to have certified except to the Administrative Agent and the Lenders that extent such representations and warranties are true and correct in all material respects; (c) The Company shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may be; and (d) No Default or Event of Default shall have occurred and be continuing or would result from such Borrowing. The acceptance of the benefits of each Borrowing shall constitute a representation and warranty by the Company to each of the Lenders that all of the conditions specified in this Section 3.02 above exist expressly made as of that timeanother date).

Conditions Precedent to All Borrowings. The obligations obligation of the Lenders to make any Loans hereunder Loan (including any Loans to be made Loan on the initial Borrowing Date) is subject to the further conditions precedent that on the date of such Borrowing: (a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied; (b) The representations and warranties set forth in Article IV (other than the representation set forth in Section 4.07(c)) and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date of the proposed Loan (unless such representation and warranty expressly relates to an earlier date), and by the Company's delivery of a Borrowing Request the Company shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respectsrespects by the Company's delivery of a Borrowing Request; (c) The Company shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may be; and2.03; (d) No Default or Event of Default shall have occurred and be continuing or would result from such Borrowing; and (e) The Administrative Agent and the Lenders shall have received such other approvals, opinions or documents as the Administrative Agent or the Required Lenders may reasonably request. The acceptance of the benefits of each Borrowing shall constitute a representation and warranty by the Company to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.

Conditions Precedent to All Borrowings. The obligations obligation of the Lenders to make any Loans hereunder Loan (including any Loans to be made Loan on the initial Borrowing Date) is subject to the further conditions precedent that on the date of such Borrowing: (a) The conditions precedent set forth in Section 3.01 shall have theretofore been satisfied; (b) The representations and warranties set forth in Article IV (other than the representation set forth in Section 4.07(c)) and in the other Loan Documents shall be true and correct in all material respects as of, and as if such representations and warranties were made on, the Borrowing Date date of the proposed Loan (unless such representation and warranty expressly relates to an earlier date), and by the Company's delivery of a Borrowing Request the Company shall be deemed to have certified to the Administrative Agent and the Lenders that such representations and warranties are true and correct in all material respectsrespects by the Company's delivery of a Borrowing Request; (c) The Company shall have complied with the provisions of Section 2.03 or Section 2.04, as the case may be; and; (d) No Default or Event of Default shall have occurred and be continuing or would result from such Borrowing; and (e) The Administrative Agent and the Lenders shall have received such other approvals, opinions or documents as the Administrative Agent or the Required Lenders may reasonably request. The acceptance of the benefits of each Borrowing shall constitute a representation and warranty by the Company to each of the Lenders that all of the conditions specified in this Section 3.02 above exist as of that time.