Common use of Conditions Precedent to Clause in Contracts

Conditions Precedent to. Each Borrowing and to the Issuance of Letters of Credit. The obligation of each Lender to make an Advance on the occasion of each Borrowing (including the initial Borrowing) and of the Issuing Bank to make any Extension of Credit relating to a Letter of Credit shall be subject to the further conditions precedent that (a) in the case of the making of an Advance, the Administrative Agent shall have received the written confirmatory Notice of Borrowing with respect thereto, and (b) on the date of any Extension of Credit, the following statements shall be true (and the giving of the Notice of Borrowing or the giving of notice of a requested Letter of Credit pursuant to Section 2.16(b) and the acceptance by the Borrower of the proceeds of the Borrowing or the issuance of a requested Letter of Credit related thereto shall constitute a representation and warranty by the Borrower that on the date of such Borrowing or issuance of such Letter of Credit such statements are true): (i) The representations and warranties contained in Section 4.01 are correct on and as of the date of such Extension of Credit before and after giving effect to such Extension of Credit and to the application of the proceeds therefrom, as though made on and as of such date; provided, that such condition shall not apply to the last sentence of Section 4.01(e) in connection with any Advance made to pay maturing commercial paper issued under the Borrower's commercial paper program; and (ii) No event has occurred and is continuing, or would result from such Extension of Credit or from the application of the proceeds therefrom that would constitute an Event of Default but for the requirement that notice be given or time elapse, or both; and (c) the Administrative Agent shall have received such other approvals, opinions and documents as the Issuing Bank or any Lender through the Administrative Agent may reasonably request.

Conditions Precedent to. Each Borrowing and to the Issuance of Letters of CreditEach L/C Issuance. The obligation of each Lender to make an Advance on the occasion of each Borrowing (including the initial Borrowing) resulting in an increase in the aggregate amount of outstanding Advances and the obligation of the Issuing Bank each L/C Issuer to make any Extension of Credit relating to issue a Letter of Credit L/C shall be subject to the further conditions precedent that (a) in the case of the making of an Advance, the Administrative Agent shall have received the written confirmatory Notice of Borrowing with respect thereto, and (b) on the date of any Extension such Borrowing or the date of Creditissuance of such L/C, as applicable, the following statements shall be true (and the giving of the applicable Notice of Borrowing or the giving of notice of a requested Letter of Credit pursuant to Section 2.16(b) applicable L/C Issuance Request, as applicable, and the acceptance by the Borrower of the proceeds of the Borrowing such Borrowing, or upon the issuance of a requested Letter of Credit related thereto such L/C, as applicable, shall constitute a representation and warranty by the Borrower that on the date of such Borrowing or the date of issuance of such Letter of Credit L/C, as applicable, 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 Extension Borrowing or issuance of Credit such L/C, as applicable, before and after giving effect to such Extension Borrowing or issuance of Credit such L/C, as applicable, and to the application of the proceeds therefrom, as though made on and as of such date; provided, that such condition shall not apply to the last sentence of Section 4.01(e) in connection with any Advance made to pay maturing commercial paper issued under the Borrower's commercial paper program; and and (ii) No event has occurred and is continuing, or would result from such Extension Borrowing, the issuance of Credit such L/C or from the application of the proceeds therefrom that would constitute an Event of Default but for the requirement that notice be given or time elapsetherefrom, or both; and (c) the Administrative Agent shall have received such other approvals, opinions and documents as the Issuing Bank or any Lender through the Administrative Agent may reasonably requestwhich constitutes a Default.

Conditions Precedent to. Each Borrowing and to the Issuance of Letters of CreditEach Extension --------------------------------------------------------- Date. The obligation of each Lender to make an Advance on the occasion of each ---- Borrowing (including the initial Borrowing) and each extension of the Issuing Bank Commitments pursuant to make any Extension of Credit relating to a Letter of Credit Section 2.17 shall be subject to the further conditions precedent that (a) in the case of the making of an Advance, the Administrative Agent Effective Date shall have received the written confirmatory Notice of Borrowing with respect thereto, occurred and (b) on the date of any such Borrowing or the applicable Extension of Credit, Date the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or the giving of notice of a requested Letter of Credit pursuant to Section 2.16(b) Borrowing, request for Commitment extension and the acceptance by the Borrower of the proceeds of the such Borrowing or the issuance of a requested Letter of Credit related thereto shall constitute a representation and warranty by the Borrower that on the date of such Borrowing or issuance of such Letter of Credit Extension Date such statements are true): (ia) The the representations and warranties contained in Section 4.01 (excluding, in the case of Borrowings, clauses (g) and (i)(i) of Section 4.01) are correct in all material respects on and as of the date of such Extension of Credit date, before and after giving effect to such Borrowing or such Extension of Credit Date and to the application of the proceeds therefrom, as though made on and as of such date; provided, that such condition shall not apply to the last sentence of Section 4.01(e) in connection with any Advance made to pay maturing commercial paper issued under the Borrower's commercial paper program; and (iib) No no event has occurred and is continuing, or would result from such Extension of Credit Borrowing or from the application of the proceeds therefrom that would constitute an Event of Default but for the requirement that notice be given or time elapsetherefrom, or both; and (c) the Administrative Agent shall have received such other approvalsExtension Date, opinions and documents as the Issuing Bank or any Lender through the Administrative Agent may reasonably requestthat constitutes a Default.

Conditions Precedent to. Each Borrowing and to Increasing the Issuance ----------------------------------------------------- Aggregate Amount of Letters of CreditAdvances. The obligation of each Lender to make an A ---------------------------- Advance on the occasion of each A Borrowing (including the initial A Borrowing) and which would increase the aggregate outstanding amount of A Advances owing to such Lender over the Issuing Bank aggregate outstanding amount of A Advances owing to make any Extension such Lender immediately prior to the making of Credit relating to a Letter of Credit such A Advance, shall be subject to the further conditions precedent that (a) in the case of the making of an Advance, the Administrative Agent shall have received the written confirmatory Notice of Borrowing with respect thereto, and (b) on the date of any Extension of Credit, such A Borrowing the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing or the giving of notice of a requested Letter of Credit pursuant to Section 2.16(b) and the acceptance by the Borrower of the proceeds of the such A Borrowing or the issuance of a requested Letter of Credit related thereto shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing or issuance of such Letter of Credit such statements are true): (i) The representations and warranties contained in Section 4.01 are correct on and as of the date of such Extension of Credit A Borrowing, before and after giving effect to such Extension of Credit Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; provided, that such condition shall not apply to the last sentence of Section 4.01(e) in connection with any Advance made to pay maturing commercial paper issued under the Borrower's commercial paper program; and (ii) No event has occurred and is continuing, or would result from such Extension of Credit A Borrowing or from the application of the proceeds therefrom that therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse, elapse or both; and (c) the Administrative Agent shall have received such other approvals, opinions and documents as the Issuing Bank or any Lender through the Administrative Agent may reasonably request.

Conditions Precedent to. Each Borrowing Borrowing, Each Increase ----------------------------------------------------- Date and to the Issuance of Letters of CreditEach Extension Date. The obligation of each Lender to make an Advance ---------------------------- on the occasion of each Borrowing (including the initial Borrowing, each increase of Commitments pursuant to Section 2.05(b) and each extension of the Issuing Bank Commitments pursuant to make any Extension of Credit relating to a Letter of Credit Section 2.17 shall be subject to the further conditions precedent that (a) in the case of the making of an Advance, the Administrative Agent Effective Date shall have received the written confirmatory Notice of Borrowing with respect thereto, occurred and (b) on the date of any such Borrowing, such Increase Date or the applicable Extension of Credit, Date the following statements shall be true (and each of the giving of the applicable Notice of Borrowing or the giving of notice of a requested Letter of Credit pursuant to Section 2.16(b) Borrowing, request for Commitment increase, request for Commitment extension and the acceptance by the Borrower of the proceeds of the such Borrowing or the issuance of a requested Letter of Credit related thereto shall constitute a representation and warranty by the Borrower that on the date of such Borrowing Borrowing, such Increase Date or issuance of such Letter of Credit Extension Date such statements are true): (ia) The the representations and warranties contained in Section 4.01 (excluding, in the case of Borrowings, clauses (g) and (i)(i) of Section 4.01) are correct in all material respects on and as of the date of such Extension of Credit date, before and after giving effect to such Borrowing, such Increase Date or such Extension of Credit Date and to the application of the proceeds therefrom, as though made on and as of such date; provided, that such condition shall not apply to the last sentence of Section 4.01(e) in connection with any Advance made to pay maturing commercial paper issued under the Borrower's commercial paper program; and (iib) No no event has occurred and is continuing, or would result from such Extension of Credit Borrowing or from the application of the proceeds therefrom that would constitute an Event of Default but for the requirement that notice be given or time elapsetherefrom, or both; and (c) the Administrative Agent shall have received such other approvalsIncrease Date or such Extension Date, opinions and documents as the Issuing Bank or any Lender through the Administrative Agent may reasonably requestthat constitutes a Default.