Common use of Conditions Precedent to Subsequent Advances Clause in Contracts

Conditions Precedent to Subsequent Advances. Advances after the initial Advance shall be made from time to time as requested by Borrower, and the obligation of each Lender to make any Advance (including Swingline Loans and Competitive Bid Loans) and the obligation of the Issuing Bank to issue a Facility Letter of Credit is subject to the following terms and conditions: (a) prior to each such Advance no Default or Event of Default shall have occurred and be continuing under this Agreement or any of the Loan Documents and, if required by Administrative Agent, Borrower shall deliver a certificate of Borrower to such effect; and (b) The representations and warranties contained in Article VI and VII are true and correct as of such borrowing date, Issuance Date, or date of conversion and/or continuation as and to the extent set forth therein, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. Subject to the last grammatical paragraphs of Article VI and VII hereof, each Borrowing Notice, Letter of Credit Request, and Conversion/Continuation Notice shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(a) and (b) have been satisfied.

Conditions Precedent to Subsequent Advances. Advances after the initial Advance Lender shall not be made from time to time as requested by Borrower, and the obligation of each Lender required to make any Advance (including Swingline Loans and Competitive Bid Loans) and the obligation of the Issuing Bank to issue a Facility Letter of Credit is subject disbursement or advance subsequent to the following terms and conditionsinitial disbursement or initial advance under the Loan, unless on the applicable date that each such advance is to be made: (a) prior The warranties and representations set forth in Article 6 hereof and each of the representations and warranties contained in any Loan Document at any time pursuant to each this Agreement shall be true and correct in all material respects on and as of such Advance date with the same effect as though such warranty or representation had been made on and as of such date, except to the extent that such warranty or representation is stated to expressly relate solely to an earlier date; (b) Each Borrower shall have complied and shall then be in compliance with all the terms, covenants and conditions of this Agreement which are binding upon it, and no Event of Default or Event of Pending Default shall have occurred and be continuing under this Agreement on such date or any of after giving effect to the Loan Documents and, if required by Administrative Agent, Borrower advances requested to be made; (c) No Material Adverse Effect shall deliver a certificate of Borrower to such effecthave occurred; and (bd) The representations and warranties contained Each Borrower shall have delivered to Lender a current Borrowing Base certificate in Article VI and VII are true and correct as of such borrowing date, Issuance Date, or date of conversion and/or continuation as and to the extent form set forth therein, except to the extent any such representation or warranty is stated to relate solely to in Exhibit D. Each request for an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. Subject to the last grammatical paragraphs of Article VI and VII hereof, each Borrowing Notice, Letter of Credit Request, and Conversion/Continuation Notice advance hereunder shall constitute a warranty and representation and warranty by the Borrower making such request that each of the conditions contained in Sections 5.2(a5.2 (a), (b), (c) and (bd) have been satisfied.

Conditions Precedent to Subsequent Advances. Advances after the initial Advance shall be made from time to time as requested by Borrower, and the obligation of each Lender to make any Loan for any such Advance (including Swingline Loans and Competitive Bid Loans) and the obligation of the Issuing Bank to issue a Facility Letter of Credit is are subject to the following terms and conditions: (a) prior to and at the time of each such Advance or issuance, no Default or Event of Default shall have occurred and be continuing under this Agreement or any of the Loan Documents and, if required by Administrative Agent, Borrower shall deliver a certificate of Borrower to such effect; and (b) The representations and warranties contained in Article VI and VII are true and correct as of such borrowing date, Issuance Date, Borrowing Date or date of conversion and/or continuation as and to the extent set forth therein, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. Subject . (c) As to each Subsidiary that executes and delivers a Guaranty after the Agreement Execution Date (or that is required to do so), the Borrower has delivered to the last grammatical paragraphs Administrative Agent the items described in subsections (a) through (g) of Article VI and VII Section 5.1 hereof, each . Each Borrowing Notice, Letter of Credit Request, Notice and Conversion/Continuation Notice shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(a) and through (bc) have been satisfied.

Conditions Precedent to Subsequent Advances. Advances after the initial Advance shall be made from time to time as requested by Borrower, and the obligation of each Lender to make any Loan for any such Advance (including Swingline Loans and Competitive Bid Loans) ), and the obligation of the Issuing Bank to issue a Facility Letter Letters of Credit is Credit, are subject to the following terms and conditions: (a) prior to and at the time of each such Advance or issuance no Default or Event of Default shall have occurred and be continuing under this Agreement or any of the Loan Documents and, if required by Administrative Agent, Borrower shall deliver a certificate of Borrower to such effect; and (b) The representations and warranties contained in Article ARTICLE VI and VII are true and correct as of such borrowing dateBorrowing Date, Issuance Date, or date of conversion and/or continuation as and to the extent set forth therein, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (c) As to each Subsidiary that executes and delivers a Joinder or a Guaranty after the Agreement Execution Date (or that is required to do so), the Borrower has delivered to the Agent the items described in subsections (a) through (i) of SECTION 5.1 hereof. Subject to the last grammatical paragraphs paragraph of Article ARTICLE VI and VII hereof, each Borrowing Notice, Letter of Credit Request, and Conversion/Continuation Notice shall constitute a representation and warranty by the Borrower that the conditions contained in Sections SECTIONS 5.2(a) and THROUGH (bc) have been satisfied.

Conditions Precedent to Subsequent Advances. Advances after the initial Advance shall be made from time to time as requested by Borrower, and the obligation of each Lender to make any Advance (including Swingline Loans and Competitive Bid Loans) and the obligation of the Issuing Bank to issue a Facility Letter of Credit is subject to the following terms and conditions: (a) prior to each such Advance no Default or Event of Default shall have occurred and be continuing under this Agreement or any of the Loan Documents and, if required by Administrative Agent, Borrower shall deliver a certificate of Borrower to such effect; and (b) The representations and warranties contained in Article VI and VII are true and correct as of such borrowing date, Issuance Date, or date of conversion and/or continuation as and to the extent set forth therein, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. Subject to the last grammatical paragraphs of Article VI and VII hereof, each Borrowing Notice, Letter of Credit Request, and Conversion/Continuation Notice shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(a) and (b) have been satisfied.

Conditions Precedent to Subsequent Advances. Advances after the initial Advance shall be made from time to time as requested by Borrower, and the obligation of each Lender to make any Advance (including Swingline Loans and Competitive Bid Loans) and the obligation of the Issuing Bank to issue a Facility Letter of Credit is subject to the following terms and conditions: (a) prior to each such Advance no Default or Event of Default shall have occurred and occurred, be continuing continuing, or arise, under this Agreement or any of the Loan Documents or any Indebtedness and, if required by Administrative Agent, Borrower shall deliver a certificate of Borrower to such effect; and (b) The representations and warranties contained in Article VI and VII are true and correct as of such borrowing date, Issuance Date, date or date of conversion and/or continuation as and to the extent set forth therein, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. Subject to the last grammatical paragraphs of Article VI and VII hereof, each Borrowing Notice, Letter of Credit Request, Notice and Conversion/Continuation Notice shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(a) and (b) have been satisfied.