Conditions Precedent to Certain Borrowings. The obligation of each Bank to make an Advance on the occasion of any Borrowing to any Borrower which would increase the aggregate outstanding amount of Advances owing to such Bank over the aggregate amount of such Advances outstanding immediately prior to the making of such Advance 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 and the acceptance by a Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by such Borrower that on the date of such Borrowing such statements are true): (i) the representations and warranties contained in subsection (f) of Section 4.01 are correct on and as of the date of such Borrowing, before and after giving effect to such Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, and (ii) no event has occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom, which would constitute an Event of Default with respect to any Borrower but for the requirement that notice be given or time elapse or both.
Conditions Precedent to Certain Borrowings. The obligation of each Lender to make an Advance on the occasion of each Borrowing (including the initial Borrowing) that would increase the aggregate amount of Advances outstanding 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 a Borrowing 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:
Conditions Precedent to Certain Borrowings. The obligation of each Bank to make each extension of credit (including, to the extent relevant, the initial Loans hereunder and any issuance of a Letter of Credit) is subject to the satisfaction of the following conditions precedent:
Conditions Precedent to Certain Borrowings. . . 30 Section 3.04. Conditions Precedent to Each B Borrowing . . . . . . 30
Conditions Precedent to Certain Borrowings. The obligation of each Bank to make that portion of a Committed Advance on the occasion of any Committed Borrowing pursuant to SECTION 2.02 or 2.02B which would increase the aggregate outstanding amount in any currency of Committed Advances owing to such Bank from all Borrowers over the aggregate amount of Committed Advances owing to such Bank in such currency outstanding immediately prior to the making of such Committed Advance shall be subject to the further conditions precedent that on the date of such Committed Borrowing (i) the representations and warranties contained in subsections (e), (f), (g), (h), (i), (k), (l), (m) and (n) of SECTION 4.01 are correct in all material respects on and as of the date of such Committed Borrowing, before and after giving effect to such Committed Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; (ii) no event has occurred and is continuing, or would result from such Committed Borrowing or from the application of the proceeds therefrom, which would constitute an Event of Default but for the requirement that notice be given or time elapse or both; and (iii) the certificate furnished pursuant to SECTION 3.02 shall include statements to the effect of clauses (i) and (ii) above.
Conditions Precedent to Certain Borrowings. The obligation of each Bank to make that portion of an A Advance on the occasion of any A Borrowing which would increase the aggregate outstanding amount of A Advances owing to such Bank over the aggregate amount of A Advances owing to such Bank outstanding immediately prior to the making of such Advance shall in each case be subject to the further condition precedent that on the date of such Borrowing, no Default occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom (and each of the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that such condition precedent is satisfied on the date of such Borrowing).
Conditions Precedent to Certain Borrowings. 50 3.03. Conditions Precedent to Each Competitive Bid Borrowing........... 50
Conditions Precedent to Certain Borrowings. The obligation of any Lender to make its Advance as part of a Borrowing (including the initial Borrowing) that would (after giving effect to all Borrowings on such date and the application of proceeds thereof) increase the principal amount outstanding hereunder, or the outstanding principal amount of the Advances hereunder shall be subject to the conditions precedent set forth in Section 3.2 and the further condition precedent that on the date of such Borrowing the following statements shall be true (and each of the giving of the applicable notice or request by any Borrower with respect to such Borrowing and the performance of such Borrowing shall constitute a representation and warranty by such Borrower that, on the date of such Borrowing, such statement is true):
Conditions Precedent to Certain Borrowings. The obligation of each Bank to make that portion of an A Advance on the occasion of any A Borrowing which would increase the aggregate outstanding amount in any currency of A Advances owing to such Bank from all Borrowers over the aggregate amount of A Advances owing to such Bank in such currency outstanding immediately prior to the making of such A Advance shall be subject to the further conditions precedent that on the date of such A Borrowing (i) the representations and warranties contained in subsections (e), (f), (g), (h), (i), (k), (l), (m) and (n) of SECTION 4.01 are correct in all material respects on and as of the date of such A Borrowing, before and after giving effect to such A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; (ii) no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which would constitute an Event of Default but for the requirement that notice be given or time elapse or both; and (iii) the certificate furnished pursuant to SECTION 3.02 shall include statements to the effect of clauses (i) and (ii) above.
Conditions Precedent to Certain Borrowings. The obligation of each Lender to make RF Loans and AF Loans is subject, at the time of the making of each such Loan, to (i) the receipt by the Administrative Agent of a certificate (each, a "Permitted Subordinated Debt Compliance Certificate") from a financial officer of the Borrower in form and substance reasonably satisfactory to the Administrative Agent (which certificate may be incorporated into the Notice of Borrowing given in respect of the Borrowing of such Loans), which certificate shall (I) contain a representation and warranty that (x) the Borrowing of such Loans does not violate the terms of any Permitted Subordinated Debt and (y) after giving effect to the incurrence of such Loans, all of the Obligations constitute "Senior Debt" under the documentation governing the Permitted Subordinated Debt and (II) (x) certify that after giving effect to the incurrence of such Loans, the aggregate principal amount of all Loans outstanding at such time does not exceed $375.0 million (the "Senior Debt Threshold Certification") or (y) if the Senior Debt Threshold Certification cannot be (or is not) made, certify that the Borrower is in compliance with a Leverage Ratio (as defined in the documentation governing the Permitted Subordinated Debt) of not greater than 7.0:1.0 (after giving PRO FORMA effect to the incurrence of such Loans and as determined in accordance with the requirements of the documentation governing the Permitted Subordinated Debt) and be accompanied by financial calculations in form and substance reasonably satisfactory to the Administrative Agent establishing compliance with such Leverage Ratio, (ii) in event the Senior Debt Threshold Certification cannot be (or is not) made at the time of the making of such Loans, the receipt by each trustee for the Permitted Subordinated Debt of a Permitted Subordinated Debt Compliance Certificate and (iii) compliance with the requirements of the documentation governing the Permitted Subordinated Debt and all applicable covenants contained therein."
