Common use of Conditions Precedent to Each A Borrowing Clause in Contracts

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the conditions precedent that, on the date of such A Borrowing, (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom shall constitute a representation and warranty by the Borrower that, on the date of such A Borrowing, such statements are true and correct): (i) the representations and warranties contained in Section 4.01 are true and correct in all material respects on and as of the date of such A Borrowing, before and after giving effect 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 A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or an Unmatured Default; and (b) the Administrative Agent shall have received such other approvals, opinions, or documents as the Administrative Agent, or the Majority Lenders through the Administrative Agent, may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that, that (i) Agent shall have received a Notice of A Borrowing with respect thereto in accordance with Section 2.02 and (ii) on the date of such A Borrowing, (a) Borrowing the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the applicable Borrower of the proceeds therefrom of such A Borrowing shall constitute a representation and warranty by the Borrower that, Partnership and the Corporation that on the date of such A Borrowing, Borrowing such statements are true and correcttrue): (ia) the The representations and warranties of the Partnership and the Corporation contained in Section 4.01 Article IV are true and 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, except to the extent that any such representation or warranty expressly relates only to an earlier date, in which case they were correct as of such earlier date; and (iib) no No event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or an Unmatured a Potential Event of Default; and (b) the Administrative Agent shall have received such other approvals, opinions, or documents as the Administrative Agent, or the Majority Lenders through the Administrative Agent, may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the conditions precedent that, on the date of such A Borrowing, , (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom shall constitute a representation and warranty by the Borrower that, on the date of such A Borrowing, such statements are true and correct): ): (i) the representations and warranties contained in Section 4.01 and in Section 5 of the Support Agreement are true and correct in all material respects on and as of the date of such A Borrowing, before and after giving effect to the application of the proceeds therefrom, as though made on and as of such date; and and (ii) no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or an Unmatured Default; and and (b) the Administrative Agent shall have received such other approvals, opinions, or documents as the Administrative Agent, or the Majority Lenders through the Administrative Agent, may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender Bank to make an A Advance on the occasion of each any A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that, that on the date of such A Borrowing, (a) Borrowing the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom of such A Borrowing shall constitute a representation and warranty by the Borrower that, that on the date of such A Borrowing, Borrowing such statements are true and correcttrue): (i) the representations and warranties contained in Article V (other than in Section 4.01 5.05 and Section 5.06) are true and 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; and, (ii) no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or an Unmatured Default; , and (biii) after giving effect to such A Borrowing and all other Borrowings which have been requested on or prior to such date but which have not been made prior to such date, and the Administrative Agent shall have received such other approvals, opinions, opinions or documents as the Administrative Agent, or the Majority Lenders any Bank through the Administrative Agent, Agent may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the conditions precedent that, on the date of such A Borrowing, (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom shall constitute a representation and warranty by the Borrower that, on the date of such A Borrowing, such statements are true and correct): (i) the representations and warranties contained in Section 4.01 (excluding those contained in subsections (e), (f), (g), (h) and (j) thereof if such A Borrowing does not increase the aggregate outstanding principal amount of A Advances over the aggregate outstanding principal amount of all Advances immediately prior to making such A Borrowing) and in Section 5 of the Support Agreement are true and correct in all material respects on and as of the date of such A Borrowing, before and after giving effect 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 A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or an Unmatured Default; and (b) the Administrative Agent shall have received such other approvals, opinions, or documents as the Administrative Agent, or the Majority Lenders through the Administrative Agent, may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the conditions precedent that, that the Closing Date shall have occurred and on the date of such A Borrowing,: (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the 48 - 44 - acceptance by the Borrower of the proceeds therefrom of such A Borrowing shall constitute a representation and warranty by the Borrower that, that on the date of such A Borrowing, Borrowing such statements are true and correcttrue): (i) the representations and warranties contained in Section 4.01 (except the Excluded Representations) are true and 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; and (ii) no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which that constitutes an Event of Default or an Unmatured a Default; and (b) the Administrative Agent shall have received such other approvals, opinions, opinions or documents as the Administrative Agent, or the Majority Lenders any Lender through the Administrative Agent, Agent may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that, that on the date of such A Borrowing,: (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom of such A Borrowing shall constitute a representation and warranty by the Borrower that, that on the date of such A Borrowing, Borrowing such statements are true and correcttrue): (i) the representations and warranties contained in Section 4.01 are true and 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; , and (ii) no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes a Default or an Event of Default or an Unmatured Default; and (b) the Administrative Agent shall have received such other approvals, opinions, opinions or documents as any Lender (other than the Administrative Agent, or the Majority Lenders Designated Bidders) through the Administrative Agent, Agent may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the conditions precedent that, that the Effective Date shall have occurred and on the date of such A Borrowing, Borrowing (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom of such A Borrowing shall constitute a representation and warranty by the Borrower that, that on the date of such A Borrowing, Borrowing such statements are true and correcttrue): (i) the representations and warranties contained in Section 4.01 (except the representations set forth in the last sentence of subsection (e) and subsection (f)(i) thereof) are true and 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; and (ii) no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which that constitutes an Event of Default or an Unmatured a Default; and and (b) the Administrative Agent shall have received such other approvals, opinions, opinions or documents as the Administrative Agent, or the Majority Lenders any Lender through the Administrative Agent, Agent may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.

Conditions Precedent to Each A Borrowing. The obligation of each Lender to make an A Advance on the occasion of each A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that, that on the date of such A Borrowing, Borrowing (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds therefrom of such A Borrowing shall constitute a representation and warranty by the Borrower that, that on the date of such A Borrowing, Borrowing such statements are true and correcttrue): (i) the The representations and warranties contained in Section 4.01 and in each other Loan Document are true and 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; , and (ii) no No event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or would constitute an Unmatured DefaultEvent of Default but for the requirement that notice be given or time elapse or both; and and (b) the Administrative Agent shall have received such other approvals, opinions, opinions or documents as the Administrative Agent, or the Majority Lenders any Lender through the Administrative Agent, Agent may reasonably request, and such approvals, opinions, and documents shall be satisfactory in form and substance to the Administrative Agent.