Common use of CONDITIONS TO ALL REVOLVING LOANS Clause in Contracts

CONDITIONS TO ALL REVOLVING LOANS. The obligations of Lenders to make Revolving Loans on each Funding Date are subject to the following further conditions precedent: A. Administrative Agent shall have received before that Funding Date, in accordance with the provisions of subsection 2.1B, an originally executed Notice of Borrowing, in each case signed by a duly authorized Officer of Borrowers. B. As of that Funding Date: (i) The representations and warranties contained herein (except, as of the Closing Date only, the representation and warranty set forth in the first sentence of Section 5.4 hereof) and in the other Credit Documents shall be true, correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; (ii) No event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Notice of Borrowing that would constitute an Event of Default or a Potential Event of Default; (iii) No unstayed order, judgment or decree of any arbitrator or Government Authority (including the Bankruptcy Court) shall enjoin or restrain any Lender from making the Revolving Loans to be made by it on that Funding Date; and (iv) After giving effect to the proposed borrowing, (1) the aggregate principal amount of all outstanding Revolving Loans shall not exceed the Revolving Loan Commitments then in effect and (2) the aggregate Credit Utilization then in effect shall not exceed the aggregate Letter of Credit Commitments then in effect.

CONDITIONS TO ALL REVOLVING LOANS. The obligations obligation of Lenders each Lender to make Revolving honor any Loan Notice (other than a Loan Notice requesting only a conversion of Loans on each Funding Date are to the other Type, or a continuation of Eurodollar Rate Loans) is subject to the following further conditions precedent: A. Administrative Agent shall have received before that Funding Date, in accordance with the provisions of subsection 2.1B, an originally executed Notice of Borrowing, in each case signed by a duly authorized Officer of Borrowers. B. As of that Funding Date: (ia) The representations and warranties contained herein (except, as of the Closing Date onlyBorrowers and each other Loan Party contained in Article V or any other Loan Document, the representation and warranty set forth or which are contained in the first sentence of Section 5.4 hereof) and any document furnished at any time under or in the other Credit Documents connection herewith or therewith, shall be true, true and correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as date of that datesuch Revolving Loan, except (i) to the extent that such representations and warranties specifically relate refer to an earlier date, in which case such representations they shall be true and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; , (ii) any representation or warranty that is already by its terms qualified as to “materiality”, “Material Adverse Effect” or similar language shall be true and correct in all respects as of such date after giving effect to such qualification and (iii) for purposes of this Section 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01. (b) No event Default shall have occurred and be continuing exist, or would result from such proposed Revolving Loan or from the consummation application of the borrowing contemplated by such proceeds thereof. (c) The Administrative Agent shall have received a Loan Notice in accordance with the requirements hereof. Each Loan Notice (other than a Loan Notice requesting only a conversion of Borrowing that would constitute an Event of Default Loans to the other Type or a Potential Event continuation of Default; (iiiEurodollar Rate Loans) No unstayed order, judgment or decree of any arbitrator or Government Authority (including submitted by the Bankruptcy Court) Borrowers shall enjoin or restrain any Lender from making the Revolving Loans be deemed to be made by it on a representation and warranty that Funding Date; and (ivthe conditions specified in Sections 4.02(a) After giving effect to the proposed borrowing, (1) the aggregate principal amount of all outstanding Revolving Loans shall not exceed the Revolving Loan Commitments then in effect and (2b) have been satisfied on and as of the aggregate Credit Utilization then in effect shall not exceed date of the aggregate Letter of Credit Commitments then in effectapplicable Loan.