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

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.16(a), the Agent shall have received the written confirmatory notice of such B Borrowing contemplated by such paragraph, (ii) on or before the date of such B Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed by such Borrower payable to the order of such Bank for each of the one or more B Advances to be made by such Bank as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, and (iii) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.16(a), the Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (ii) (x) in the case of any B Borrowing (except as otherwise set forth in subclause (y) below), on or before the date of such B Borrowing, but prior to such B Borrowing, and (y) in the case of same day, fixed rate B Borrowings, promptly after any such B Borrowing, the Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, 2.03 and (iii) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is Lender to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is shall be subject to the further conditions precedent that (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraph, with respect thereto; (iib) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, and 2.03; (iiic) on the date of such B Borrowing (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing therefrom shall constitute a representation and warranty by such the Borrower that that, on the date of such B Borrowing Borrowing, such statements are truetrue and correct):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is to make a B Advance to a the Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.16(a), the Agent shall have received the written confirmatory notice of such B Borrowing contemplated by such paragraph, (ii) on or before the date of such B Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed by such the Borrower payable to the order of such Bank for each of the one or more B Advances to be made by such Bank as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, and (iii) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank Lender which is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (ii) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, each in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iii) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower or any Borrowing Subsidiary of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (ia) at or before the time required by paragraph (iii) of Section 2.16(a2.08(a), the Agent shall have received the written confirmatory notice of such B Borrowing contemplated by such paragraph, (iib) on or before the date of such B Borrowing, Borrowing but prior to such B Borrowing, the Agent shall have received a B Note executed by such the Borrower payable to the order of such Bank for each of the one or more B Advances to be made by such Bank as part of such B Borrowing, in a principal amount equal to at least the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.08, and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is Lender to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is shall be subject to the further conditions precedent that (iA) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraph, with respect thereto; (iiB) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, and 2.03; (iiiC) on the date of such B Borrowing (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing therefrom shall constitute a representation and warranty by such the Borrower that that, on the date of such B Borrowing Borrowing, such statements are truetrue and correct):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a each B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that the Closing Date shall have occurred and (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated with respect thereto, (b) if (and only if) requested by such paragraphLender, (ii) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the relevant Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such Borrower the Company that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is Lender to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is shall be subject to the further conditions precedent that (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraph, with respect thereto; (iib) on or before the date of such B Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, and 2.03; (iiic) on the date of such B Borrowing (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing therefrom shall constitute a representation and warranty by such the Borrower that that, on the date of such B Borrowing Borrowing, such statements are truetrue and correct):

Conditions Precedent to Each B Borrowing. The obligation of each Bank Lender which is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (iib) on or before the date of such B Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.02(c), and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a each B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that the Closing Date shall have occurred and (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (iib) on or before the date of such B Borrowing, but prior to such B 52 - 48 - Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a each B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that the Restatement Date shall have occurred and (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated with respect thereto, (b) if (and only if) requested by such paragraphLender, (ii) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the relevant Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such Borrower the Company that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is Lender to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is shall be subject to the further conditions precedent that (ia) at the Agent shall have received certified copies of the Post December 31, 2000 Borrowing Approvals (in the case of any B Borrowing on or before the time required by paragraph after December 31, 2000); (iiib) of Section 2.16(a), the Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraph, with respect thereto; (iic) on or before the date of such B Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed requested by such Borrower Lender pursuant to Section 2.16, payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16, 2.03; and (iiid) on the date of such B Borrowing (a) the following statements shall be true and correct (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing therefrom shall constitute a representation and warranty by such the Borrower that that, on the date of such B Borrowing Borrowing, such statements are truetrue and correct):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (ii) on or before in the date case of such the making of the first B Borrowing, but prior Advance hereunder after the Borrower shall have registered as a holding company pursuant to such B BorrowingSection 5 of PUHCA, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank for each certified copy of the one or more B Advances to be made by such Bank as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.16SEC Order, and (iii) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that that, on the date of such B Borrowing Borrowing, such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a each B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that the Closing Date shall have occurred and (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (iib) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank Lender which is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before i the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (ii) ii on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iii) iii on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such Borrower the Company of the proceeds of such B Borrowing shall constitute a representation and warranty by such Borrower that the Company that, on the date of such B Borrowing Borrowing, such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which Lender that is to make a B Advance to a Borrower on the occasion of a each B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that the Effective Date shall have occurred and (ia) at or before the time required by paragraph (iii) of Section 2.16(a), the Administrative Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (iib) on or before the date of such B Borrowing, but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by such Borrower payable to the order of such Bank Lender for each of the one or more B Advances to be made by such Bank Lender as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iiic) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is to make a B Advance to a Borrower on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.16(a), the Agent shall have received the written confirmatory notice Notice of such B Borrowing contemplated by such paragraphwith respect thereto, (ii) on or before the date of such B Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed by such Borrower payable to the order of such Bank for each of the one or more B Advances to be made by such Bank as part of such B Borrowing, in a principal amount equal to the principal amount of the B Advance to be evidenced thereby and otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.162.03, and (iii) on the date of such B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by such the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such B Borrowing such statements are true):