Common use of Conditions Precedent to Each Tender Advance Clause in Contracts

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF on the date of such payment the following statements shall be true: (a) the representations and warranties contained in Article II of this Agreement, Section 2.2 of the Loan Agreement, and in the Security Instruments are correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (b) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment ------------------------------------------- made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF only if on the date of such payment the ---- -- following statements shall be true: (ai) the The representations and warranties contained in Article II of this Agreement, Section 2.2 6 of the Loan Agreement, Pledge Agreement and in Section 2.02 of the Security Instruments Lease Agreement are correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (bii) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower Borrowers shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower Borrowers shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF only if on the date of such payment the following statements shall be true: (a) the The representations and warranties contained in Article II of this Agreement, Section 2.2 of the Loan Agreement, and in the Security Instruments Guaranty are true and correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (b) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF only if on the date of such payment the following statements shall be true: (ai) the The representations and warranties contained in Article II of this Agreement, Section 2.2 of the Loan Agreement, and in the Security Instruments are true and correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (bii) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF only if on the date of such payment the following statements shall be true: (ai) the The representations and warranties contained in Article II of this Agreement, Section 2.2 6 of the Loan Agreement, Pledge Agreement and in Section 2.02 of the Security Instruments Lease Agreement are correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (bii) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender an Advance hereunder ONLY IF only if on the date of such payment the following statements shall be true: (ai) the The representations and warranties contained in Article II Section 4.01 of this Agreement, in Section 2.2 2.02 of the Loan Agreement, in the Deed of Trust and in the Security Instruments Agreement, are correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (bii) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or lapse of time elapse or both. Unless the Borrower Company shall have previously advised the Bank otherwise in writing or the Bank has actual knowledge that one or more of the above statements is no longer truewriting, the Borrower Company shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF only if on the date of such payment the following statements shall be true: (a) the The representations and warranties contained in Article II of this Agreement, Agreement and Section 2.2 701 of the Loan Agreement, Indenture are true and in the Security Instruments are correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and (b) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.

Conditions Precedent to Each Tender Advance. Each payment made by the Bank under the Letter of Credit pursuant to a Tender Draft shall constitute a Tender Advance hereunder ONLY IF only if on the date of such payment the following statements shall be true: : (ai) the The representations and warranties contained in Article II of this Agreement, Section 2.2 of the Loan Agreement, and in the Security Instruments are correct in all material respects on and as of the date of such Tender Advance as though made on and as of such date; and and (bii) No event has occurred or would result from such Tender Advance, which constitutes an Event of Default or would constitute an Event of Default but for the requirement that notice be given or time elapse or both. Unless the Borrower shall have previously advised the Bank in writing or the Bank has actual knowledge that one or more of the above statements is no longer true, the Borrower shall be deemed to have represented and warranted, on the date of payment by the Bank under the Letter of Credit pursuant to a Tender Draft, that on the date of such payment the above statements are true and correct.