Common use of Conditions Precedent to Each Loan Clause in Contracts

Conditions Precedent to Each Loan. Without limitation of the discretionary nature of each Loan hereunder, each of the Loans (including the initial Loan) to be made by Lender shall be subject to the fulfillment (to the satisfaction of Lender) of each of the following conditions as of the date of each Loan: (a) Lender shall have received a Request for Loan for such Loan in form and in substance satisfactory to Lender; (b) The representations and warranties set forth in this Agreement and in the other Credit Documents, shall be true and correct in all material respects on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (c) No Default or Event of Default shall have occurred and be continuing at the time of and after giving effect to such Loan; (d) Lender shall have received all fees due and payable on or prior to such date; and (e) All legal matters incident to such Loan shall be satisfactory to Lender and its counsel.

Conditions Precedent to Each Loan. Without limitation The obligation of the discretionary nature of Lender to make each Loan hereunderLoan, each of the Loans (including the initial Loan) to be made by Lender Loan shall be subject to the fulfillment further conditions precedent that: (to the satisfaction of Lendera) of each of the following conditions on and as of the date of each the making of any Loan, the following statements shall be true, and the acceptance by Borrower of any Loan shall be deemed to be a statement to the effect set forth in CLAUSES (I), (II), (III) and (IV) with the same effect as the delivery to Lender of a certificate signed by a Responsible Officer of Borrower, on behalf of Borrower, dated the date of such Loan, stating that: (a) Lender shall have received a Request for Loan for such Loan in form and in substance satisfactory to Lender; (bi) The representations and warranties set forth contained in this Agreement and the other Loan Documents and in the other Credit Documents, shall be Merger Agreement are true and correct in all material respects on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent that other than any such representation or warranty is expressly stated to relate which relates to a specific earlier specified prior date, and except to the extent Lender has been notified in which casewriting by Borrower that any representation or warranty is not correct and Lender has explicitly waived, in its sole discretion, in writing compliance with such representation and warranty shall be true and correct as of such earlier date; (c) No Default or Event of Default shall have occurred and be continuing at the time of and after giving effect to such Loan; (d) Lender shall have received all fees due and payable on or prior to such datewarranty; and (eii) All legal matters incident to No event has occurred and is continuing, or would result from such Loan shall be satisfactory to Lender Loan, which constitutes a Default or an Event of Default; and (iii) No event has occurred and its counselis continuing, or would result from such Loan, which has had or could have a Material Adverse Effect on Borrower.

Conditions Precedent to Each Loan. Without limitation At the time of the discretionary nature making by Lender of each Loan hereunderLoan, each of the Loans (including the initial Loan) Loan (before as well as after giving effect to be made by Lender shall be subject such Loan and to the fulfillment (to proposed use of the satisfaction of Lenderproceeds thereof) and the issuance by the Lender of each Letter of the following conditions Credit (before as of the date of each Loan:well as after giving effect to such issuance): (a) Lender there shall have received a Request for Loan for such Loan in form and in substance satisfactory to Lenderexist no Default or Event of Default; (b) The all representations and warranties set forth in this Agreement and in the other Credit Documents, contained herein shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;Loan; and (c) No Default or Event of Default shall have occurred and be continuing at the time of and after giving effect to such Loan; (d) Lender shall have received such other documents or legal opinions that Lender may reasonably request, all fees due in form and payable on or prior to such date; and (e) All legal matters incident to such Loan shall be substance reasonably satisfactory to Lender the Lender. Each Borrowing Request and its counselthe acceptance by the Borrower of the proceeds thereof or request for continuation or conversion of a Borrowing shall constitute a representation and warranty by the Borrower, as of the date of the Loan comprising such Borrowing, that the conditions specified in subsections (a) and (b) of this Section 3.2 have been satisfied.

Conditions Precedent to Each Loan. Without limitation of the discretionary nature of each Loan hereunder, each Each of the Loans (including the initial Loan) to be made by Lender Lenders on or after the Effective Date shall be subject to the fulfillment (to the satisfaction of LenderAgent) of each of the following conditions as of the date of each Loan: (a) Lender other than as respects the Term Loan made on the Effective Date, Agent shall have received a Request for Loan request for such Loan in form and in substance satisfactory to LenderAgent; (b) The the representations and warranties set forth in this Agreement and in the other Credit Loan Documents, shall be true and correct in all material respects on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (c) No no Default or Event of Default shall have occurred and be continuing at the time of and after giving effect to such Loan; (d) Lender Agent shall have received all fees due and payable on or prior to such date; and (e) All all legal matters incident to such Loan shall be reasonably satisfactory to Lender Agent and its counsel, including agreements relating to the Trademark Licenses.

Conditions Precedent to Each Loan. Without limitation The obligation of the discretionary nature of Lender to make each Loan hereunder, each of the Loans (including the initial Loan) requested to be made by Lender shall be it hereunder (including, without limitation, its initial Loans and the issuance of any Letter of Credit), is subject to the fulfillment (to satisfaction or the satisfaction of Lender) of each waiver by the Lender of the following conditions as of the date of each Loan: precedent: (a) Lender shall have received a Request for Loan for such Loan in form and in substance satisfactory to Lender; (b) The Each of the representations and warranties set forth made by any Loan Party in this Agreement and in or pursuant to the other Credit Documents, Loan Documents shall be true and correct in all material respects on and as of the date of such Loan with the same effect is made as though if made on and as of such date, except to the extent that any such representation or warranty is expressly stated to representations and warranties specifically relate to a specific an earlier date, in which case, case such representation representations and warranty warranties shall be have been true and correct as of on such earlier date; , and in each case without duplication of any materiality or Material Adverse Effect qualifier; and (cb) No Default or Event of Default shall have occurred and be continuing at the time of and on such date or after giving effect to such Loan; (d) Lender shall have received all fees due and payable the Loans requested to be made on or prior to such date; and (e) All legal matters incident to . Each borrowing by the Borrowers hereunder shall constitute a representation and warranty by the Borrowers, as of the date such Loan shall be satisfactory to Lender and its counselis made, that the conditions contained in this Article IV have been satisfied.

Conditions Precedent to Each Loan. Without limitation At the time of the discretionary nature making by such Lender of each Loan hereunderLoan, each of the Loans (including the initial Loan) Loan (before as well as after giving effect to be made by Lender shall be subject such Loan and to the fulfillment (to the satisfaction of Lender) of each proposed use of the following conditions as of the date of each Loan:proceeds thereof): (a) Lender there shall have received a Request for Loan for such Loan in form and in substance satisfactory to Lender;exist no Default or Event of Default; CREDIT AGREEMENT August 29, 1996 (b) The no condition causing a Material Adverse Effect shall have occurred and be continuing; (c) all representations and warranties set forth in this Agreement and in the other Credit Documents, contained herein shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of such Loan with the same effect as though made on and as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (c) No Default or Event of Default shall have occurred and be continuing at the time of and after giving effect to such Loan;; and (d) Lender the Agent shall have received such other documents or legal opinions as the Agent or any Lender or special counsel to the Agent may reasonably request, all fees due in form and payable on or prior to such date; and (e) All legal matters incident to such Loan shall be substance reasonably satisfactory to Lender the Agent. Each Borrowing Request and its counselthe acceptance by the Borrower of the proceeds thereof or request for continuation or conversion of a Borrowing shall constitute a representation and warranty by the Borrower, as of the date of the Loans comprising such Borrowing, that the conditions specified in subsections (a), (b), and (c) of this Section 3.02 have been satisfied.