Common use of Conditions to all Advances and Letters of Credit Clause in Contracts

Conditions to all Advances and Letters of Credit. Agent, Letter of Credit Issuer and Lenders shall not be required to fund any Loans, arrange for issuance of any Letters of Credit or grant any other accommodation to or for the benefit of Borrowers, unless the following conditions are satisfied: (a) No Default or Event of Default shall exist at the time of, or result from, such funding, issuance or grant; (b) The representations and warranties of each Borrower and Guarantor in the Loan Documents shall be true and correct in all material respects (or in all respects for such representations and warranties that provide for a materiality qualifier therein) on the date of, and upon giving effect to, such funding, issuance or grant (except for representations and warranties that expressly relate to an earlier date); (c) All conditions precedent in any other Loan Document shall be satisfied or waived in accordance with the terms thereof; (d) No event shall have occurred or circumstance exist that has or could reasonably be expected to have a material adverse effect on the business or condition (financial or otherwise) of the Borrowers and their Subsidiaries taken as a whole; and (e) With respect to issuance of a Letter of Credit, the other conditions in Paragraph 2.18(b) shall have been satisfied. Each request (or deemed request) by Borrowers for funding of a Loan, issuance of a Letter of Credit or grant of an accommodation shall constitute a representation by Borrowers that the foregoing conditions are satisfied on the date of such request and on the date of such funding, issuance or grant. As an additional condition to any funding, issuance or grant, Agent shall have received such other information, documents, instruments and agreements as it deems reasonably appropriate in connection therewith.

Conditions to all Advances and Letters of Credit. The obligation of the Agent, Letter of Credit Issuer and Lenders shall not be required to fund any Revolving Loans, arrange for issuance of issue any Letters of Credit or grant to extend any other accommodation credit hereunder after the Closing Date is subject solely to or for the benefit satisfaction of Borrowers, unless the following conditions are satisfiedprecedent: (a) No Default or Event of Default shall exist at the time of, or result from, such funding, issuance or grant; (b) The representations and warranties of each Borrower and Guarantor in the Loan Documents shall be true and correct in all material respects (or in all respects for such representations and warranties that provide for a materiality qualifier therein) on the date of, and upon giving effect to, such funding, issuance or grant (except for representations and warranties that expressly relate to an earlier date); (c) All conditions precedent in any other Loan Document With respect to a request for Revolving Loans, Borrowers shall be satisfied or waived have made a request therefor in accordance with the terms thereofSection 2.2(b); (d) No event shall have occurred or circumstance exist that has or could reasonably be expected to have a material adverse effect on the business or condition (financial or otherwise) of the Borrowers and their Subsidiaries taken as a whole; and (e) With respect to issuance of a Letter of Credit, the other conditions in Paragraph Section 2.18(b) shall have been satisfied; and (e) no Level Two Regulatory Event shall have occurred or be continuing, or exist after giving effect to the requested Advance on such date. Each request (or deemed request) by Borrowers for funding of a Loan, issuance of a Letter of Credit or grant of an accommodation shall constitute a representation by Borrowers that the foregoing conditions are satisfied on the date of such request and on the date of such funding, issuance or grant. As an additional condition to any funding, issuance or grant, Agent shall have received such other information, documents, instruments and agreements as it deems reasonably appropriate in connection therewith.

Conditions to all Advances and Letters of Credit. The obligation of the Agent, Letter of Credit Issuer and Lenders shall not be required Lxxxxxx to fund any Revolving Loans, arrange for issuance of issue any Letters of Credit or grant to extend any other accommodation credit hereunder after the Closing Date is subject solely to or for the benefit satisfaction of Borrowers, unless the following conditions are satisfiedprecedent: (a) No Default or Event of Default shall exist at the time of, or result from, such funding, issuance or grant; (b) The representations and warranties of each Borrower and Guarantor in the Loan Documents shall be true and correct in all material respects (or in all respects for such representations and warranties that provide for a materiality qualifier therein) on the date of, and upon giving effect to, such funding, issuance or grant (except for representations and warranties that expressly relate to an earlier date); (c) All conditions precedent in any other Loan Document With respect to a request for Revolving Loans, Borrowers shall be satisfied or waived have made a request therefor in accordance with the terms thereofSection 2.2(b); (d) No event shall have occurred or circumstance exist that has or could reasonably be expected to have a material adverse effect on the business or condition (financial or otherwise) of the Borrowers and their Subsidiaries taken as a whole; and (e) With respect to issuance of a Letter of Credit, the other conditions in Paragraph Section 2.18(b) shall have been satisfied; and (e) no Level Two Regulatory Event shall have occurred or be continuing, or exist after giving effect to the requested Advance on such date. Each request (or deemed request) by Borrowers for funding of a Loan, issuance of a Letter of Credit or grant of an accommodation shall constitute a representation by Borrowers that the foregoing conditions are satisfied on the date of such request and on the date of such funding, issuance or grant. As an additional condition to any funding, issuance or grant, Agent shall have received such other information, documents, instruments and agreements as it deems reasonably appropriate in connection therewith.

Conditions to all Advances and Letters of Credit. The obligation of the Agent, Letter of Credit Issuer and Lenders shall not be required Xxxxxxx to fund any Revolving Loans, arrange for issuance of issue any Letters of Credit or grant to extend any other accommodation credit hereunder after the Closing Date is subject solely to or for the benefit satisfaction of Borrowers, unless the following conditions are satisfiedprecedent: (a) No Default or Event of Default shall exist at the time of, or result from, such funding, issuance or grant; (b) The representations and warranties of each Borrower and Guarantor in the Loan Documents shall be true and correct in all material respects (or in all respects for such representations and warranties that provide for a materiality qualifier therein) on the date of, and upon giving effect to, such funding, issuance or grant (except for representations and warranties that expressly relate to an earlier date); (c) All conditions precedent in any other Loan Document With respect to a request for Revolving Loans, Borrowers shall be satisfied or waived have made a request therefor in accordance with the terms thereofSection 2.2(b); (d) No event shall have occurred or circumstance exist that has or could reasonably be expected to have a material adverse effect on the business or condition (financial or otherwise) of the Borrowers and their Subsidiaries taken as a whole; and (e) With respect to issuance of a Letter of Credit, the other conditions in Paragraph Section 2.18(b) shall have been satisfied; and (e) no Level Two Regulatory Event shall have occurred or be continuing, or exist after giving effect to the requested Advance on such date. Each request (or deemed request) by Borrowers for funding of a Loan, issuance of a Letter of Credit or grant of an accommodation shall constitute a representation by Borrowers that the foregoing conditions are satisfied on the date of such request and on the date of such funding, issuance or grant. As an additional condition to any funding, issuance or grant, Agent shall have received such other information, documents, instruments and agreements as it deems reasonably appropriate in connection therewith.

Conditions to all Advances and Letters of Credit. The obligation of the Agent, Letter of Credit Issuer and Lenders shall not be required Xxxxxxx to fund any Revolving Loans, arrange for issuance of issue any Letters of Credit or grant to extend any other accommodation credit hereunder after the Closing Date is subject solely to or for the benefit satisfaction of Borrowers, unless the following conditions are satisfiedprecedent: (a) No Default or Event of Default shall exist at the time of, or result from, such funding, issuance or grant;; 116549.01087/134240171v.5 (b) The representations and warranties of each Borrower and Guarantor in the Loan Documents shall be true and correct in all material respects (or in all respects for such representations and warranties that provide for a materiality qualifier therein) on the date of, and upon giving effect to, such funding, issuance or grant (except for representations and warranties that expressly relate to an earlier date); (c) All conditions precedent in any other Loan Document With respect to a request for Revolving Loans, Borrowers shall be satisfied or waived have made a request therefor in accordance with the terms thereofSection 2.2(b); (d) No event shall have occurred or circumstance exist that has or could reasonably be expected to have a material adverse effect on the business or condition (financial or otherwise) of the Borrowers and their Subsidiaries taken as a whole; and (e) With respect to issuance of a Letter of Credit, the other conditions in Paragraph Section 2.18(b) shall have been satisfied; and (e) no Level Two Regulatory Event shall have occurred or be continuing, or exist after giving effect to the requested Advance on such date. Each request (or deemed request) by Borrowers for funding of a Loan, issuance of a Letter of Credit or grant of an accommodation shall constitute a representation by Borrowers that the foregoing conditions are satisfied on the date of such request and on the date of such funding, issuance or grant. As an additional condition to any funding, issuance or grant, Agent shall have received such other information, documents, instruments and agreements as it deems reasonably appropriate in connection therewith.