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 further conditions precedent that on the date of such A 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (a) the representations and warranties contained in Section 4.01 (except for, in the case of any A Borrowing after the Effective Date, the representations and warranties set forth in Section 4.01(e)(iii) and Section 4.01(f)(i)) are true and correct 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 (b) 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.

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 (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 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (a) the The representations and warranties of the Borrower contained in Section 4.01 (except for, in the case of any A Borrowing after the Effective Date, the representations and warranties set forth in Section 4.01(e)(iii) and Section 4.01(f)(i)) Article IV are true and correct 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 (b) 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 a an Event of Default or an a Potential Event of Default.

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 on the date of such A 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (a) the representations and warranties contained in Section 4.01 (except fornot including, in the case of any A Borrowing after the Effective Dateinitial Borrowing, the representations and warranties set forth in Section 4.01(e)(iii) and Section 4.01(f)(i)Excluded Representation) 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 (b) 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.

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 on the date of such A 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (ai) the representations and warranties contained in Section 4.01 Article V (except for, in the case of any A Borrowing after the Effective Date, the representations and warranties set forth other than in Section 4.01(e)(iii) 5.05 and Section 4.01(f)(i)5.06) are true and correct 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, (bii) 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., and (iii) 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,

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) resulting in an increase in the aggregate amount of outstanding A Advances shall be subject to the further conditions precedent that on the date of such A 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (ai) the representations and warranties contained in Section 4.01 (except for, excluding that contained in the case last sentence of any A Borrowing after the Effective Date, the representations and warranties set forth in Section 4.01(e)(iiisubsection (e) and Section 4.01(f)(i)thereof) are true and correct 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 (bii) 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.

Conditions Precedent to Each A Borrowing. The obligation of each ---------------------------------------- A 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 on the date of such A 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (a) the The representations and warranties contained in Section 4.01 5.01 (except for, in the case of any A Borrowing after the Effective Date, the representations and warranties set forth in other than Section 4.01(e)(iii) and Section 4.01(f)(i5.01(e)) are true and correct on and as of the date of such A Borrowing, before and after giving effect to such A Borrowing Borrowing, and to the application of the proceeds therefrom, as though made on and as of such date, and (bi) 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 a Default or an Event of Default or Default and (ii) no event has occurred and is continuing which constitutes an "Event of Default" or a "Default" under the 364-Day Credit Agreement.

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 the Closing Date shall have occurred and on the date of such A Borrowing Borrowing: (a) 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 A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (ai) the representations and warranties contained in Section 4.01 (except for, in the case of any A Borrowing after the Effective Date, the representations and warranties set forth in Section 4.01(e)(iii) and Section 4.01(f)(i)Excluded Representations) are true and correct 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 (bii) 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 a Default Default; and (b) the Administrative Agent shall have received such other approvals, opinions or an Event of Defaultdocuments as any Lender through the Administrative Agent may reasonably request.

Conditions Precedent to Each A Borrowing. The obligation of each Lender Bank 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 on the date of such A Borrowing Borrowing: (a) the following statements shall be true (and each the Agent shall have received for the account of such Bank a certificate signed by a duly authorized officer of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true):as follows: (ai) the The representations and warranties contained in Section 4.01 5.01 (except for, excluding those contained in the case of any A Borrowing after the Effective Date, the representations and warranties set forth in Section 4.01(e)(iiisubsections (e) and Section 4.01(f)(i)(f) (i) thereof) are true and correct 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 (bii) 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.Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both; and