Common use of Conditions Precedent to Each Clause in Contracts

Conditions Precedent to Each. Revolving Credit --------------------------------------------- Borrowing. The obligation of each Lender to make a Revolving Credit Advance on --------- the occasion of each Revolving Credit Borrowing shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Revolving Credit Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing and the acceptance by the Borrower of the proceeds of such Revolving Credit Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing such statements are true): (i) the representations and warranties contained in Section 4.01 are correct in all material respects on and as of the date of such Revolving Credit Borrowing, before and after giving effect to such Revolving Credit Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, and (ii) no event has occurred and is continuing, or would result from such Revolving Credit Borrowing or from the application of the proceeds therefrom, that constitutes a Default; and (b) the Agents shall have received such other approvals, opinions or documents as any Lender through the Agents may reasonably request.

Conditions Precedent to Each. Revolving Loan Borrowing, ------------------------------------------------------ Swing Loan Borrowing and Letter of Credit --------------------------------------------- BorrowingIssuance. The obligation of each -------------------------------------------------- Lender to make a Revolving Loan (other than a Swing Loan or a Letter of Credit Advance Loan made by a Lender pursuant to Section 3.03 or 3.04(b) or a Competitive Bid Loan) on --------- the occasion of each Revolving Credit Borrowing (including the initial Borrowing), and the right of the Borrower to request a Swing Loan Borrowing or the issuance of a Letter of Credit, shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Revolving Borrowing or issuance of a Letter of Credit Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing and the acceptance by the Borrower of the proceeds of such Revolving Borrowing or of such Letter of Credit Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing or issuance such statements are true): (ia) the The representations and warranties contained in Section 4.01 5.01 (except the Excluded Representations) are correct in all material respects on and as of the date of such Revolving Credit BorrowingBorrowing or issuance, before and after giving effect to such Revolving Credit Borrowing or issuance and to the application of the proceeds therefrom, as though made on and as of such datedate other than any such representations or warranties that, by their terms, refer to a date other than the date of such Borrowing or issuance; and (iib) no No event has occurred and is continuing, or would result from such Revolving Credit Borrowing or issuance or from the application of the proceeds therefrom, that which constitutes a Default; and (b) the Agents shall have received such other approvals, opinions or documents as any Lender through the Agents may reasonably request.

Conditions Precedent to Each. Revolving Credit --------------------------------------------- Borrowing. The obligation of each Lender to make a Revolving Credit Advance on --------- the occasion of each Revolving Credit Borrowing shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Revolving Credit Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing and the acceptance by the Borrower of the proceeds of such Revolving Credit Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing such statements are true): (i) the representations and warranties contained in Section 4.01 (except the representations set forth in the last sentence of subsection (e) thereof and in subsection (f)(i) thereof) are correct in all material respects on and as of the date of such Revolving Credit Borrowingdate, before and after giving effect to such Revolving Credit Borrowing Borrowing, and to the application of the proceeds therefrom, as though made on and as of such date, and (ii) no event has occurred and is continuing, or would result from such Revolving Credit Borrowing or from the application of the proceeds therefrom, that constitutes a Default; and (b) the Agents Agent shall have received such other approvals, opinions or documents as any Lender through the Agents Agent may reasonably request.

Conditions Precedent to Each. Revolving Credit --------------------------------------------- Borrowing. The obligation of each Lender to make a Revolving Credit Advance on --------- the occasion of each Revolving Credit Borrowing shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Revolving Credit Borrowing the (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing and the acceptance by the Borrower of the proceeds of such Revolving Credit Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing such statements are true): (i) the representations and warranties contained in Section 4.01 (except the representations set forth in the last sentence of subsection (e) thereof and in subsection (f)(i) thereof) are correct in all material respects on and as of the date of such Revolving Credit Borrowingdate, before and after giving effect to such Revolving Credit Borrowing Borrowing, and to the application of the proceeds therefrom, as though made on and as of such date, and (ii) no event has occurred and is continuing, or would result from such Revolving Credit Borrowing or from the application of the proceeds therefrom, that constitutes a Default; and (b) the Agents Agent shall have received such other approvals, opinions or documents as any Lender through the Agents Agent may reasonably request.

Conditions Precedent to Each. Revolving Credit --------------------------------------------- A Borrowing. ----------- The obligation of each Lender to make a Revolving Credit an A Advance on --------- the occasion of each Revolving Credit A Borrowing (including the initial A Borrowing) shall be subject to the further conditions precedent that the Effective Date (i) Agent shall have occurred received a Notice of A Borrowing with respect thereto in accordance with Section 2.02 and (ii) on the date of such Revolving Credit A Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit A Borrowing and the acceptance by the applicable Borrower of the proceeds of such Revolving Credit A Borrowing shall constitute a representation and warranty by the Borrower Partnership and the Corporation that on the date of such A Borrowing such statements are true): (ia) the The representations and warranties of the Partnership and the Corporation contained in Section 4.01 Article IV are correct in all material respects on and as of the date of such Revolving Credit A Borrowing, before and after giving effect to such Revolving Credit A Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, except to the extent that any such representation or warranty expressly relates only to an earlier date, in which case they were correct as of such earlier date; and (iib) no No event has occurred and is continuing, or would result from such Revolving Credit A Borrowing or from the application of the proceeds therefrom, that which constitutes an Event of Default or a Potential Event of Default; and (b) the Agents shall have received such other approvals, opinions or documents as any Lender through the Agents may reasonably request.

Conditions Precedent to Each. Revolving Credit --------------------------------------------- Borrowing. The obligation of each Lender to make a Revolving Credit Advance on --------- the occasion of each Revolving Credit Borrowing shall be subject to the conditions precedent that the Effective Date shall have occurred and on the date of such Revolving Credit Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit Borrowing and the acceptance by the Borrower of the proceeds of such Revolving Credit Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Revolving Credit Borrowing such statements are true): (ia) the The representations and warranties contained in Section 4.01 (except for the representation and warranty set forth in clause (i) of Section 4.01(f)) are correct in all material respects on and as of the date of such Revolving Credit Borrowing, before and after giving effect to such Revolving Credit Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, ; and (iib) no No event has occurred and is continuing, or would result from such Revolving Credit Borrowing or from the application of the proceeds therefrom, that constitutes a Default; and (b) the Agents shall have received such other approvals, opinions or documents as any Lender through the Agents may reasonably request.

Conditions Precedent to Each. Revolving Credit --------------------------------------------- B Borrowing. ----------- The obligation of each Lender which is to make a Revolving Credit B Advance on --------- the occasion of each Revolving Credit a B Borrowing shall be (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the conditions precedent that (i) the Effective Date Agent shall have occurred received the written confirmatory Notice of B Borrowing with respect thereto in accordance with Section 2.03 and (ii) on the date of such Revolving Credit B Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Revolving Credit B Borrowing and the acceptance by the applicable Borrower of the proceeds of such Revolving Credit B Borrowing shall constitute a representation and warranty by the Borrower Partnership and the Corporation that on the date of such B Borrowing such statements are true): (ia) the The representations and warranties of the Partnership and the Corporation contained in Section 4.01 Article IV are correct in all material respects on and as of the date of such Revolving Credit B Borrowing, before and after giving effect to such Revolving Credit B Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, except to the extent that any such representation or warranty expressly relates only to an earlier date, in which case they were correct as of such earlier date, and (iib) no No event has occurred and is continuing, or would result from such Revolving Credit B Borrowing or from the application of the proceeds therefrom, that which constitutes an Event of Default or a Potential Event of Default; and (b) the Agents shall have received such other approvals, opinions or documents as any Lender through the Agents may reasonably request.