Common use of Conditions Precedent to Each Borrowing and Issuance Clause in Contracts

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance such statements are true): (i) the representations and warranties contained in each Loan Document are correct on and as of such date, before and after giving effect to such Borrowing or issuance and to the application of the proceeds therefrom, as though made on and as of such date; (ii) no event has occurred and is continuing, or would result from such Borrowing or issuance or from the application of the proceeds therefrom, that constitutes a Default; and (iii) EBITDA attributable to the bowling center being so acquired or refinanced as though such acquisition or construction had occurred at the beginning of the 12-month period covered by such Financial Statements), and (B) the Borrower shall have delivered a certificate to the Administrative Agent and the Lender Parties in form satisfactory to the Administrative Agent demonstrating compliance with clause (A) above; and (b) the Administrative Agent shall have received such other approvals, opinions or documents as any Appropriate Lender through the Administrative Agent may reasonably request.

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), the extension of Commitments pursuant to Section 2.16 shall be subject to the further conditions precedent that on the date of such Borrowing Borrowing, issuance or issuance extension (a) the following statements shall be true (and each the Administrative Agent shall have received for the account of such Lender or such Issuing Bank a certificate signed by a duly authorized officer of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on Borrower, dated the date of such notice and on the date of such Borrowing Borrowing, issuance or issuance such statements are true):extension, stating that: (i) the representations and warranties contained in each Loan Document are true and correct on and as of such date, before and after giving effect to (A) such Borrowing, issuance or extension and (B) in the case of any Borrowing or issuance and to issuance, the application of the proceeds therefrom, as though made on and as of such date; (ii) no event Default has occurred and is continuing, or would result from (A) such Borrowing, issuance or extension or (B) in the case of any Borrowing or issuance or issuance, from the application of the proceeds therefrom, that constitutes a Default; and (iii) EBITDA attributable to for each Revolving Credit Advance or issuance or renewal of any Letter of Credit, (A) the bowling center being so acquired Loan Value equals or refinanced as though such acquisition or construction had occurred at exceeds the beginning aggregate principal amount of the 12-month period covered by Revolving Credit Advances plus Letter of Credit Advances to be outstanding plus the aggregate Available Amount of all Letters of Credit to be outstanding after giving effect to such Financial Statements)Advance or issuance or renewal, respectively, and (B) before and after giving effect to such Advance, issuance or renewal, the Borrower Parent Guarantor shall have delivered a certificate to the Administrative Agent and the Lender Parties be in form satisfactory to the Administrative Agent demonstrating compliance with clause Sections 5.04(b)(i) and (A) aboveii); and (b) the Administrative Agent shall have received such other approvals, opinions or documents as any Appropriate Lender Party through the Administrative Agent may reasonably requestrequest in order to confirm (i) the accuracy of the Loan Parties' representations and warranties contained in the Loan Documents, (ii) the Loan Parties' timely compliance with the terms, covenants and agreements set forth in the Loan Documents, (iii) the absence of any Default and (iv) the rights and remedies of the Secured Parties or the ability of the Loan Parties to perform their Obligations, in each case under the Loan Documents following a change in law occurring after the date hereof that the Administrative Agent, in its reasonable discretion, believes may negatively affect such rights, remedies or ability to perform.

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Working Capital Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including excluding, however, the initial Borrowingmaking of any Advance pursuant to Section 2.13), and the obligation right of each Issuing Bank the Company to issue a Letter request the issuance of Credit (including the initial issuance)Letters of Credit, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower Company of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such statements are true): (ia) the representations and warranties contained in each Loan Document are correct in all material respects on and as of the date of such dateBorrowing or issuance, before and after giving effect to such Borrowing or issuance and to the application of the proceeds therefrom, as though made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date); (iib) no event has occurred and is continuing, or would result from such Borrowing or issuance or from the application of the proceeds therefrom, that constitutes a Default or an Event of Default; and (iiic) EBITDA attributable to such Borrowing or issuance is permitted under the bowling center being so acquired or refinanced as though such acquisition or construction had occurred at the beginning terms of the 12-month period covered by such Financial StatementsAllied Senior Notes Indenture (including, without limitation, under Sections 1008 and 1009 thereof) and under the terms of the Allied Waste Senior Subordinated Notes Indenture (including, without limitation, under Section 1008 thereof), and (B) the Borrower shall have delivered a certificate to the Administrative Agent and the Lender Parties in form satisfactory to the Administrative Agent demonstrating compliance with clause (A) above; and (b) the Administrative Agent shall have received such other approvals, opinions or documents as any Appropriate Lender through the Administrative Agent may reasonably request.

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit an Advance made by an any Issuing Bank pursuant to Section 2.03(c) or a Working Capital any Lender pursuant to Section 2.03(c)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance), shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing or issuance (a) such Issuance the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or Borrowing, Notice of Issuance and the acceptance by the applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit Issuance shall constitute a representation and warranty by the Borrower Company that both on the date of such notice and on the date of such Borrowing or issuance such Issuance such statements are true): (ia) the representations and warranties of each Borrower and each Significant Loan Party contained in each Loan Document to which it is a party are correct on and as of such date, before and after giving effect to such Borrowing or issuance such Issuance and to the application of the proceeds therefrom, as though made on and as of such date;, (iib) no event has occurred and is continuing, or would result from such Borrowing or issuance such Issuance or from the application of the proceeds therefrom, that constitutes a Default; (c) no Borrowing Base Deficiency will exist after giving effect to such Borrowing, issuance or renewal and to the application of the proceeds therefrom; and (iiid) EBITDA attributable to if as a result of such Borrowing or such Issuance, Excess Availability would be below the bowling center being so acquired or refinanced as though such acquisition or construction had occurred at the beginning greater of (i) $40,000,000 and (ii) 12.5% of the 12-month period covered by such Financial Statements)sum of the Canadian Revolving Credit Facility plus the US Revolving Credit Facility, and (B) the Borrower Company shall have delivered a certificate to the Administrative Agent and the Lender Parties in form satisfactory to the Administrative Agent demonstrating demonstrated pro forma compliance with clause (A) above; and (b) the Administrative Agent shall have received such other approvals, opinions or documents as any Appropriate Lender through the Administrative Agent may reasonably requestFixed Charge Coverage Ratio.

Conditions Precedent to Each Borrowing and Issuance. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an the Issuing Bank or Bank, a Working Capital Revolving Credit Lender pursuant to Section 2.03(c), a Swing Line Advance made by a Revolving Credit Lender pursuant to Section 2.02(b), or a Term C Advance) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each the Issuing Bank to issue a Letter of Credit (including the initial issuance)) and the right of the Borrower to request a Swing Line Borrowing, shall be subject to the further conditions precedent that on the date of such Borrowing or issuance (a) the following statements shall be true (and each the Administrative Agent shall have received for the account of such Lender or such Issuing Bank a Borrowing Notice delivered pursuant to Section 2.02, signed by a Responsible Officer of the giving of the applicable Notice of Borrowing or Notice of Issuance and the acceptance by the Borrower of the proceeds of such Borrowing or of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on Borrower, dated the date of such Borrowing or issuance such statements are true):issuance, stating that, (ia) the representations and warranties contained in each Loan Document are true and correct in all material respects on and as of such date, before and after giving effect to such Borrowing or issuance or renewal and to the application of the proceeds therefrom, as though made on and as of such date;, other than any such representations or warranties that, by their terms, refer to a specific date other than the date of such Borrowing or issuance, in which case as of such specific date; provided, however, that solely for purposes of representations and warranties made on the Effective Date, such representations and warranties shall be limited in all respects to the Effective Date Representations and (iib) no event Default has occurred and is continuing, or would result from such Borrowing or issuance or from the application of the proceeds therefrom, that constitutes a Default; and (iii) EBITDA attributable to the bowling center being so acquired or refinanced as though such acquisition or construction had occurred at the beginning of the 12-month period covered by such Financial Statements), and (B) the Borrower shall have delivered a certificate to the Administrative Agent and the Lender Parties in form satisfactory to the Administrative Agent demonstrating compliance with clause (A) above; and (b) the Administrative Agent shall have received such other approvals, opinions or documents as any Appropriate Lender through the Administrative Agent may reasonably request.