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

Conditions Precedent to Each B Borrowing. The obligation of each Lender which is to make a B Advance on the occasion of any B Borrowing (including the initial B Borrowing) shall be subject to the further conditions precedent that (i) at or before the time required by paragraph (iii) of Section 2.19(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 the Borrower payable to the order of such Lender for each of the one or more B Advances to be made by such 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.01, and (iv) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true and correct, and the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute its representation and warranty that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements are true and correct:

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the applicable time required by paragraph and date before the date of such B Borrowing set forth in SECTION 2.03(b)(i) or 2.03(c)(i), as applicable, the Agent shall have received the Notice of B Borrowing with respect thereto, (iiiii) at or before the applicable time and date before the date of Section 2.19(asuch B Borrowing set forth in SECTION 2.03(b)(iii) or 2.03(c)(iii), as applicable, the Agent shall have received the written confirmatory notice of such B Borrowing contemplated to be given by such paragraphthe Company pursuant to SECTION 2.03(b)(iii) or SECTION 2.03(c)(iii), as applicable, (iiiii) 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 signed by the applicable Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.01SECTION 2.03, and (iv) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the such Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Company that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance to a Borrower on the occasion of any a B Borrowing (including the initial B Borrowing) shall be 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 2.19(a2.16(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, if the Bank making any B Advance shall have requested a B Note pursuant to Section 2.16(a)(ii), the Agent shall have received a B Note executed by the such Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.16, and (iviii) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the such Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by such Borrower that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or least two Business Days before the time required by paragraph date of such B Borrowing in the case of a B Borrowing under subsection (iiia)(i)(A) of Section 2.19(a)2.03 and at least four Business Days before the date of such B Borrowing in the case of a B Borrowing under subsection (a)(i)(B) of Section 2.03, 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 Philip Morris $8 billion, 5 year Facility 107900.5/NYL3 Borrowing, but prior to such B Borrowing, the Agent shall have received a B Note executed by of the Borrower thereof payable to the order of such Lender for each of the one or more B Advances to be made by such 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 by such Borrower and such Lender in accordance with Section 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.03, and (iviii) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true and correct, and the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute its representation and warranty that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, 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 and (unless PM Companies is the Borrower) the Guarantor that on the date of such B Borrowing, before and after giving effect thereto and to the application of the proceeds therefrom, such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the applicable time required by paragraph and date before the date of such B Borrowing set forth in SECTION 2.03(b)(i) or 2.03(c)(i), as applicable, the Agent shall have received the Notice of B Borrowing with respect thereto, (iiiii) at or before the applicable time and date before the date of Section 2.19(asuch B Borrowing set forth in SECTION 2.03(b)(iii) or 2.03(c)(iii), as applicable, the Agent shall have received the written confirmatory notice of such B Borrowing contemplated to be given by such paragraphthe Company pursuant to SECTION 2.03(b)(iii) or SECTION 2.03(c)(iii), as applicable, (iiiii) 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 signed by the applicable Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.01SECTION 2.03, and (iv) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true 5true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the such Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Company that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be subject to the further conditions precedent that (ia) at or before the time required by paragraph (iii) of Section 2.19(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 the Borrower payable to the order of such Lender for each of the one or more B Advances to be made by such 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 2.19, 2.03; (iiic) on or before the date of such B Borrowing this the following statements shall be true and correct (and each of the giving of the applicable Notice of B 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 B 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 shall have become effective pursuant to Section 3.01, are true and (iv) correct on and as of the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true and correct, and the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute its representation and warranty that as though made on and as of the date of such date; and (ii) no event has occurred and is continuing, or would result from such B Borrowing, before and immediately after giving effect thereto and to Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or an Unmatured Default; and (d) the following statements are true Agent shall have received such other approvals, opinions, or documents as the Agent, or the Majority Lenders through the Agent, may reasonably request, and correct:such approvals, opinions, and documents shall be satisfactory in form and substance to the Agent. SECTION 3.04.

Conditions Precedent to Each B Borrowing. The obligation of each Lender which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance is subject to the further conditions precedent that (ia) at or least (A) two Business Days before the time required by paragraph date of such B Borrowing if the Borrower selects a Fixed Rate Advance or (iiiB) at least four Business Days before the date of Section 2.19(a)such B Borrowing if the Borrower selects a Eurodollar Rate Advance, 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, Borrowing but prior to such B Borrowing, the Administrative Agent shall have received a B Note executed by the Borrower payable to the order of such Lender for each of the one or more B Advances to be made by such 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 2.192.03, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.01, and (ivc) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Borrower that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the applicable time required by paragraph and date before the date of such B Borrowing set forth in Section 2.06(b)(i) or 2.06(c)(i), as applicable, the Agent shall have received the Notice of B Borrowing with respect thereto, (iiiii) at or before the applicable time and date before the date of such B Borrowing set forth in Section 2.19(a2.06(b)(iii) or 2.06(c)(iii), as applicable, the Agent shall have received the written confirmatory notice of such B Borrowing contemplated to be given by such paragraphthe Company pursuant to Section 2.06(b)(iii) or Section 2.06(c)(iii), as applicable, (iiiii) 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 signed by the applicable Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.06, and (iv) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the such Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Company that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance to the Borrower on the occasion of any a B Borrowing (including the initial B Borrowing) shall be 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 2.19(a2.16(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, if the Bank making any B Advance shall have requested a B Note pursuant to Section 2.16(a)(ii), the Agent shall have received a B Note executed by the Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.16, and (iviii) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Borrower that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the applicable time required by paragraph and date before the date of such B Borrowing set forth in Section 2.03(b)(i) or 2.03(c)(i), as applicable, the Agent shall have received the Notice of B Borrowing with respect thereto, (iiiii) at or before the applicable time and date before the date of such B Borrowing set forth in Section 2.19(a2.03(b)(iii) or 2.03(c)(iii), as applicable, the Agent shall have received the written confirmatory notice of such B Borrowing contemplated to be given by such paragraphthe Company pursuant to Section 2.03(b)(iii) or Section 2.03(c)(iii), as applicable, (iiiii) 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 signed by the applicable Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.03, and (iv) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the such Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Company that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be 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 2.19(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 from the Borrower a B Note executed by the Borrower payable to the order of such Lender for each of the one or more B Advances to be made by such 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.03, and (iviii) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Borrower that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):

Conditions Precedent to Each B Borrowing. The obligation of each Lender Bank which is to make a B Advance on the occasion of any a B Borrowing (including the initial B Borrowing) shall be to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (i) at or before the applicable time required by paragraph and date before the date of such B Borrowing set forth in Section 2.06(b)(i) or 2.06(c)(i), as applicable, the Agent shall have received the Notice of B Borrowing with respect thereto, (iiiii) at or before the applicable time and date before the date of such B Borrowing set forth in Section 2.19(a2.06(b)(iii) or 2.06(c)(iii), as applicable, the Agent shall have received the written confirmatory notice of such B Borrowing contemplated to be given by such paragraphthe Company pursuant to Section 2.06(b)(iii) or Section 2.06(c)(iii), as applicable, (iiiii) 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 signed by the applicable Borrower payable to the order of such Lender Bank for each of the one or more B Advances to be made by such Lender 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 2.19, (iii) on or before the date of such B Borrowing this Agreement shall have become effective pursuant to Section 3.012.06, and (iv) on the date of such B Borrowing, before and immediately after giving effect to such B Borrowing and to the application of the proceeds therefrom, the following statements shall be true (and correct, and each of the giving by the Borrower of the applicable Notice of B Borrowing and the acceptance by the such Borrower of the proceeds of such B Borrowing shall constitute its a representation and warranty by the Company that on and as of the date of such B Borrowing, before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following Borrowing such statements are true and correct:true):