Common use of Conditions Precedent to Credit Extension Clause in Contracts

Conditions Precedent to Credit Extension. The obligation of each Lender to make an Advance (including a Swing Line Advance) on and after the Closing Date, including on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to Issue each Letter of Credit (including the initial Letter of Credit) shall be subject to the further conditions precedent that on the date of such Credit Extension the following statements shall be true (and each of the giving of the applicable Request for Credit Extension and the acceptance by any Borrower shall constitute a representation and warranty by such Borrower that on the date of such Credit Extension such statements are true): (a) The representations and warranties contained in Section 6.01 are true and correct in all material respects as of such date (other than in respect of an amendment, extension or renewal of a Letter of Credit without any increase in the stated amount of such Letter of Credit), as applicable, with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects as of such earlier date) and except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall be true and correct in all respects; (b) No event has occurred and is continuing, or would result from such Credit Extension or from the application of the proceeds therefrom, which constitutes an Event of Default or Default; and (c) Immediately after giving effect to the Credit Extension requested to be made on any such date and the use of proceeds thereof, Availability shall be greater than zero.

Conditions Precedent to Credit Extension. The obligation of each Lender to make an Advance (including a Swing Line Advance) on and after the Closing Date), including on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to Issue each Letter of Credit (including the initial Letter of Credit) shall be subject to the further conditions precedent that on the date of such Credit Extension the following statements shall be true (and each of the giving of the applicable Request for Credit Extension and the acceptance by any Borrower shall constitute a representation and warranty by such Borrower that on the date of such Credit Extension such statements are true): (a) The representations and warranties contained in Section 6.01 are true correct on and correct in all material respects as of such the date (other than in respect of an amendment, extension or renewal of a Letter of Credit without any increase in the stated amount of such Letter Borrowing or Issuance, before and after giving effect to such Credit Extension, and to the application of Credit)the proceeds therefrom, as applicable, with the same effect as though made on and as of such date, except to the extent that any such representations and warranties expressly representation or warranty is stated to relate to an earlier date (date, in which case such representations and warranties representation or warranty shall be true and correct in all material respects on and as of such earlier date) and except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall be true and correct in all respects; (b) No event has occurred and is continuing, or would result from such Credit Extension or from the application of the proceeds therefrom, which constitutes an Event of Default or Default; and (c) In the case of a Credit Extension to be denominated in an Alternative Currency (other than Canadian Dollars), there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Agent, the Majority Lenders (in the case of any Advances to be denominated in an Alternative Currency other than Canadian Dollars) or the Issuing Banks (in the case of any Letter of Credit to be denominated in an Alternative Currency other than Canadian Dollars) would make it impracticable for such Credit Extension to be denominated in the relevant Alternative Currency (other than Canadian Dollars); and (d) Immediately after giving effect to the Credit Extension requested to be made on any such date and the use of proceeds thereof, Availability shall be greater than zero. (e) Solely to the extent that Availability shall be less than the greater of (x) $900,000,000 and (y) 60.0% of the Loan Cap immediately after giving effect to the Credit Extension requested to be made on any such date and the use of proceeds thereof, Parent Borrower shall have delivered a Borrowing Base Certificate to the Agent for distribution to the Lenders calculated as of the last day of the most recently ended Fiscal Month ended at least 15 days prior to the date of such Credit Extension.

Conditions Precedent to Credit Extension. The obligation of each Lender to make an Advance (including a Swing Line Advance) on and after the Closing Date), including on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to Issue each Letter of Credit (including the initial Letter of Credit) shall be subject to the further conditions precedent that on the date of such Credit Extension the following statements shall be true (and each of the giving of the applicable Request for Credit Extension and the acceptance by any Borrower shall constitute a representation and warranty by such Borrower that on the date of such Credit Extension such statements are true): (a) The representations and warranties contained in Section 6.01 are true and correct in all material respects on and as of such the date (other than in respect of an amendment, extension or renewal of a Letter of Credit without any increase in the stated amount of such Letter Borrowing or Issuance, before and after giving effect to such Credit Extension, and to the application of Credit)the proceeds therefrom, as applicable, with the same effect as though made on and as of such date, except to the extent that any such representations and warranties expressly representation or warranty is stated to relate to an earlier date (date, in which case such representations and warranties representation or warranty shall be true and correct in all material respects on and as of such earlier date) and except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall be true and correct in all respects; (b) No event has occurred and is continuing, or would result from such Credit Extension or from the application of the proceeds therefrom, which constitutes an Event of Default or Default; and; (c) In the case of a Credit Extension to be denominated in an Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Agent, the Majority Lenders (in the case of any Advances to be denominated in an Alternative Currency) or the Issuing Banks (in the case of any Letter of Credit to be denominated in an Alternative Currency) would make it impracticable for such Credit Extension to be denominated in the relevant Alternative Currency; (d) Immediately after giving effect to the Credit Extension requested to be made on any such date and the use of proceeds thereof, Availability, U.S. Availability and German Availability shall in each case be greater than zero; and (e) Such Credit Extension shall be permitted to be made under the Senior Notes and the Senior Notes Indenture at the time of such Borrowing or Issuance.