Common use of Conditions Precedent to All Borrowings Clause in Contracts

Conditions Precedent to All Borrowings. The obligation of Lender to make an Advance on the occasion of each Borrowing and to issue, increase, or extend any Letter of Credit shall be subject to the further conditions precedent that on the date of such Borrowing or the date of the issuance, increase, or extension of such Letter of Credit: (a) the representations and warranties contained in Article IV of this Agreement and the representations and warranties contained in the other Loan Documents are true and correct in all material respects on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and to the application of the proceeds from such Credit Extension, as though made on and as of such 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); (b) no Default has occurred and is continuing or would result from such Credit Extension or from the application of the proceeds therefrom; and (c) Lender shall have received a Notice of Borrowing from Borrowers, with appropriate insertions and executed by a duly authorized Responsible Officer of each Borrower. Each of the giving of the applicable Notice of Borrowing or Letter of Credit Application and the acceptance by Borrowers of the Credit Extension shall constitute a representation and warranty by Borrowers that on the date of such Credit Extension, such conditions have been satisfied.

Conditions Precedent to All Borrowings. The obligation of each Lender to make an Advance on the occasion of each Borrowing and of an Issuing Bank to issue, increase, or extend any Letter of Credit shall be subject to the further conditions precedent that on the date of such Borrowing or the issuance, increase, or extension of such Letter of Credit the following statements shall be true (and the giving of the applicable Notice of Borrowing or Letter of Credit Application and the acceptance by the Borrower of the proceeds of such Borrowing or the issuance, increase, or extension of such Letter of Credit shall constitute a representation and warranty by the Borrower that on the date of such Borrowing or the issuance, increase, or extension of such Letter of Credit:, such statements are true): (a) the representations and warranties made by the Borrower and the Guarantors contained in Article IV hereof and in each of this Agreement and the representations and warranties contained in the other Loan Credit Documents are true and correct in all material respects on and as of the date of such Credit ExtensionBorrowing, or the date of the issuance, increase, or extension of such Letter of Credit, before and after giving effect to such Borrowing or to the issuance, increase, or extension of such Letter of Credit Extension and to the application of the proceeds from such Credit ExtensionBorrowing, as though made on and as of such date (date, except in to the case of extent that such representations and warranties which are made solely as of specifically refer to an earlier date or timedate, in which representations and warranties case they shall be true and correct in all material respects as of such earlier date or time);date; and (b) no Default has occurred and is continuing or would result from such Credit Extension or Borrowing, from the application of the proceeds therefrom; and (c) Lender shall have received a Notice , or from the issuance, increase, or extension of Borrowing from Borrowers, with appropriate insertions and executed by a duly authorized Responsible Officer of each Borrower. Each of the giving of the applicable Notice of Borrowing or such Letter of Credit Application and the acceptance by Borrowers of the Credit Extension shall constitute a representation and warranty by Borrowers that on the date of such Credit Extension, such conditions have been satisfiedCredit.

Conditions Precedent to All Borrowings. The obligation of each Lender to make an Advance on the occasion of each Borrowing and of an Issuing Bank to issue, increase, or extend any Letter of Credit shall be subject to the further conditions precedent that on the date of such Borrowing or the issuance, increase, or extension of such Letter of Credit the following statements shall be true (and the giving of the applicable Notice of Borrowing or Letter of Credit Application and the acceptance by the Borrower of the proceeds of such Borrowing or the issuance, increase, or extension of such Letter of Credit shall constitute a representation and warranty by the Borrower that on the date of such Borrowing or the issuance, increase, or extension of such Letter of Credit:, such statements are true): (a) the representations and warranties made by the Borrower and the Parent contained in Article IV hereof and in each of this Agreement and the representations and warranties contained in the other Loan Credit Documents are true and correct in all material respects on and as of the date of such Credit ExtensionBorrowing, or the date of the issuance, increase, or extension of such Letter of Credit, before and after giving effect to such Borrowing or to the issuance, increase, or extension of such Letter of Credit Extension and to the application of the proceeds from such Credit ExtensionBorrowing, as though made on and as of such date (date, except in to the case of extent that such representations and warranties which are made solely as of specifically refer to an earlier date or timedate, in which representations and warranties case they shall be true and correct in all material respects as of such earlier date or time);date; and (b) no Default has occurred and is continuing or would result from such Credit Extension or Borrowing, from the application of the proceeds therefrom; and (c) Lender shall have received a Notice , or from the issuance, increase, or extension of Borrowing from Borrowers, with appropriate insertions and executed by a duly authorized Responsible Officer of each Borrower. Each of the giving of the applicable Notice of Borrowing or such Letter of Credit Application and the acceptance by Borrowers of the Credit Extension shall constitute a representation and warranty by Borrowers that on the date of such Credit Extension, such conditions have been satisfiedCredit.