Common use of Conditions to Each Borrowing Clause in Contracts

Conditions to Each Borrowing. The obligation of the Lender to make a Loan is subject to the satisfaction, unless waived in writing by the Lender, of the further conditions precedent that: (a) the Closing Date shall have occurred; (b) the Lender shall have received a Borrowing Notice in accordance with Section 2.2; (c) the representations and warranties of the Loan Parties set out in the Loan Documents shall be (A) if any such representation and warranty is qualified as to materiality or by reference to the existence of a Material Adverse Effect, true and correct (as so qualified) on and as of the Borrowing Date, or (B) if any such representation and warranty is not so qualified, true and correct in all material respects on and as of the Borrowing Date; provided, that for purposes of this Section 4.2(c), the representation and warranty of the Borrower contemplated in Section 3.1(a) shall be deemed to refer to the last day of the period covered by the most recent financial statements furnished to the Lender hereunder; (d) the sum of the outstanding principal amount of the Loans plus the amount of the requested Loan shall be equal to or less than the Aggregate Commitment Amount; and (e) immediately prior and after the borrowing of the Loan on the Borrowing Date, no Default or Event of Default shall have occurred and be continuing.

Conditions to Each Borrowing. The obligation of the Lender to make a Loan is subject to the satisfaction, unless waived in writing by the Lender, of the further conditions precedent that: (a) the Closing A&R Effective Date shall have occurred; (b) the Lender shall have received a Borrowing Notice in accordance with Section 2.2; (c) the representations and warranties of the Loan Parties set out in the Loan Documents shall be (A) if any such representation and warranty is qualified as to materiality or by reference to the existence of a Material Adverse Effect, true and correct (as so qualified) on and as of the Borrowing Date, or (B) if any such representation and warranty is not so qualified, true and correct in all material respects on and as of the Borrowing Date; provided, that for purposes of this Section 4.2(c), the representation and warranty of the Borrower contemplated in Section 3.1(a) shall be deemed to refer to the last day of the period covered by the most recent financial statements furnished to the Lender hereunder; (d) the sum of the outstanding principal amount of the Loans plus the amount of the requested Loan shall be equal to or less than the Aggregate Commitment Amount; and (e) immediately prior and after the borrowing of the Loan on the Borrowing Date, no Default or Event of Default shall have occurred and be continuing.

Conditions to Each Borrowing. The obligation of the each Lender to make a any Loan after the Closing Date is additionally subject to the satisfaction, unless waived in writing by the Lender, satisfaction of the further conditions precedent thatfollowing conditions: (ai) the Closing Date shall have occurred; (b) the Lender shall have received a Borrowing Notice in accordance with Section 2.2; (c) the The representations and warranties of the Loan Parties set out contained herein and in the other Loan Documents shall be (A) if any such representation and warranty is qualified as to materiality or by reference to the existence of a Material Adverse Effect, true and correct (as so qualified) on and as of the Borrowing Date, or (B) if any such representation and warranty is not so qualified, true and correct in all material respects on and as of the Borrowing Date; provided, date of such Loan to the same extent as though made on and as of that for purposes date (subject to update of this Section 4.2(cSchedules referenced therein), the representation and warranty of the Borrower contemplated in Section 3.1(a) shall be deemed to refer except to the last day extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of the period covered by the most recent financial statements furnished to the Lender hereundersuch earlier date; (dii) At the sum time of the outstanding principal amount of the Loans plus the amount of the requested Loan shall be equal and immediately after giving effect to or less than the Aggregate Commitment Amount; and (e) immediately prior and after the borrowing of the Loan on the Borrowing Datesuch Loan, no Default or Event of Default shall have occurred and be continuing; (iii) The total Loan Exposure shall not exceed the total Loan Commitments; and (iv) For each Borrowing of a Loan, Borrower shall have delivered a completed and signed Request for Advance. Each Borrowing shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in this Section 3.

Conditions to Each Borrowing. The obligation of the Lender to make a Loan is subject to the satisfaction, unless waived in writing by the Lender, of the further conditions precedent that: (a) the Closing Date shall have occurred; (b) the Lender shall have received a Borrowing Notice in accordance with Section ‎Section 2.2; (c) the representations and warranties of the Loan Parties set out in the Loan Documents shall be (A) if any such representation and warranty is qualified as to materiality or by reference to the existence of a Material Adverse Effect, true and correct (as so qualified) on and as of the Borrowing Date, or (B) if any such representation and warranty is not so qualified, true and correct in all material respects on and as of the Borrowing Date; provided, that for purposes of this Section ‎Section 4.2(c), the representation and warranty of the Borrower contemplated in Section 3.1(a) shall be deemed to refer to the last day of the period covered by the most recent financial statements furnished to the Lender hereunder; (d) the sum of the outstanding principal amount of the Loans plus the amount of the requested Loan shall be equal to or less than the Aggregate Commitment Amount; and (e) immediately prior and after the borrowing of the Loan on the Borrowing Date, no Default or Event of Default shall have occurred and be continuing.

Conditions to Each Borrowing. The obligation of the Lender to make a Loan is subject to the satisfaction, unless waived in writing by the Lender, of the further conditions precedent that: (a) the Closing Date shall have occurred; (b) the Lender shall have received a Borrowing Notice in accordance with Section 2.2;; 53757850_7 (c) the representations and warranties of the Loan Parties set out in the Loan Documents shall be (A) if any such representation and warranty is qualified as to materiality or by reference to the existence of a Material Adverse Effect, true and correct (as so qualified) on and as of the Borrowing Date, or (B) if any such representation and warranty is not so qualified, true and correct in all material respects on and as of the Borrowing Date; provided, that for purposes of this Section 4.2(c), the representation and warranty of the Borrower contemplated in Section 3.1(a) shall be deemed to refer to the last day of the period covered by the most recent financial statements furnished to the Lender hereunder; (d) the sum of the outstanding principal amount of the Loans plus the amount of the requested Loan shall be equal to or less than the Aggregate Commitment Amount; and (e) immediately prior and after the borrowing of the Loan on the Borrowing Date, no Default or Event of Default shall have occurred and be continuing.