Common use of Conditions to Each Credit Event Clause in Contracts

Conditions to Each Credit Event. The obligation of each Lender to make any Loan, including any Loans on the Effective Date, is additionally subject to the satisfaction of the following conditions: the representations and warranties of the Borrower set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (other than any representation or warranty already qualified by materiality or Material Adverse Effect, which shall be true and correct in all respects) on and as of the date of such Loan, or, as to any such representation or warranty that refers to a specific date, as of such specific date; at the time of and immediately after giving effect to such Loan, no Default or Event of Default shall have occurred and be continuing or would result from such Loan after giving effect thereto; no Borrowing Base Deficiency shall exist at the time of and immediately after giving effect to such Loan, and (x) solely in connection with the funding of the initial Loan, the Borrower shall have delivered a Borrowing Base Certificate as of the date of the funding of such Loan demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; and (y) in connection with the funding of any Loan other than the initial Loan, either (i) the aggregate Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base reflected on the Borrowing Base Certificate most recently delivered to the Administrative Agent or (ii) the Borrower shall have delivered an updated Borrowing Base Certificate demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; after giving effect to such Loan, the Borrower shall be in pro forma compliance with each of the covenants set forth in Sections 6.07(a), (b), (d) and (e); the Custody Agreement, Document Custody Agreement and Control Agreement shall have been duly executed and delivered by the Borrower, the Collateral Agent, the Custodian and the Document Custodian, as applicable, and all other control arrangements required at the time by Section 5.08(c)(ii) with respect to the Obligors’ other deposit accounts and securities accounts shall have been entered into; the proposed date of such Loan shall take place during the Availability Period; and solely in connection with the funding of the initial Loan, the Administrative Agent shall have received full, correct and complete copies of custody reports (including (i) activity reports with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base, (ii) an itemized list of each account and the amounts therein with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base and (iii) an itemized list of each Portfolio Investment held in any Custodian Account owned by the Borrower or any Subsidiary) reflecting all assets being held in any Custodian Account owned by the Borrower or any of its Subsidiaries or otherwise subject to the Custody Agreement or the Document Custody Agreement.

Conditions to Each Credit Event. The obligation of each Lender to make any Loan, and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit, including in each case any Loans such extension of credit on the Restatement Effective Date, is additionally subject to the satisfaction of the following conditions: (a) the representations and warranties of the Borrower Obligors set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (other than any representation or warranty already qualified by materiality or Material Adverse Effect, which shall be true and correct in all respects) on and as of the date of such LoanLoan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, or, as to any such representation or warranty that refers to a specific date, as of such specific date; (b) at the time of and immediately after giving effect to such LoanLoan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall have occurred and be continuing or would result from such Loan extension of credit after giving effect theretothereto and to the use of proceeds thereof on a pro forma basis; (c) no Borrowing Base Deficiency shall exist at the time of and immediately after giving effect to such Loan, and extension of credit; (xd) solely in connection with the funding of the initial Loan, the Borrower shall have delivered a Borrowing Base Certificate as of the date of the funding of such Loan demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions extension of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; and (y) in connection with the funding of any Loan other than the initial Loan, either (i) the aggregate Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base reflected on the Borrowing Base Certificate most recently delivered to the Administrative Agent or (ii) the Borrower shall have delivered an updated Borrowing Base Certificate demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; after giving effect to such Loancredit, the Borrower shall be in pro forma compliance with each of the covenants set forth in Sections 6.07(a), (b), (d) and (e); the Custody Agreement, Document Custody Agreement and Control Agreement shall have been duly executed and delivered by the Borrower, the Collateral Agent, the Custodian and the Document Custodian, as applicable, and all other control arrangements required at the time by Section 5.08(c)(ii(e) with respect to the Obligors’ other deposit accounts and securities accounts shall have been entered into; the proposed date of such Loan extension of credit shall take place during the Availability Period; . Each Borrowing, and solely in connection with the funding each issuance, amendment, renewal or extension of the initial Loan, the Administrative Agent a Letter of Credit shall have received full, correct be deemed to constitute a representation and complete copies of custody reports (including (i) activity reports with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base, (ii) an itemized list of each account and the amounts therein with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base and (iii) an itemized list of each Portfolio Investment held in any Custodian Account owned warranty by the Borrower or any Subsidiary) reflecting all assets being held in any Custodian Account owned by on the Borrower or any of its Subsidiaries or otherwise subject date thereof as to the Custody Agreement or matters specified in the Document Custody Agreement.preceding sentence. ARTICLE V

Conditions to Each Credit Event. The obligation of each Lender to make any Loan, and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit, including in each case any Loans such extension of credit on the Effective Date, is additionally subject to the satisfaction of the following conditions: (a) the representations and warranties of the Borrower Obligors set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (other than any representation or warranty already qualified by materiality or Material Adverse Effect, which shall be true and correct in all respects) on and as of the date of such LoanLoan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, or, as to any such representation or warranty that refers to a specific date, as of such specific date; (b) at the time of and immediately after giving effect to such LoanLoan or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall have occurred and be continuing or would result from such Loan extension of credit after giving effect theretothereto and to the use of proceeds thereof on a pro forma basis; (c) no Borrowing Base Deficiency shall exist at the time of and immediately after giving effect to such Loan, extension of credit and (x) solely in connection with the funding of the initial Loan, the Borrower shall have delivered a Borrowing Base Certificate as of the date of the funding of such Loan demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; and (y) in connection with the funding of any Loan other than the initial Loan, either (i) the aggregate Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base reflected on the Borrowing Base Certificate most recently delivered to the Administrative Agent or (ii) the Borrower shall have delivered an updated Borrowing Base Certificate demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; (d) after giving effect to such Loanextension of credit, the Borrower shall be in pro forma compliance with each of the covenants set forth in Sections 6.07(a), (b), (d) Section 6.07; and (e); the Custody Agreement, Document Custody Agreement and Control Agreement shall have been duly executed and delivered by the Borrower, the Collateral Agent, the Custodian and the Document Custodian, as applicable, and all other control arrangements required at the time by Section 5.08(c)(ii) with respect to the Obligors’ other deposit accounts and securities accounts shall have been entered into; the proposed date of such Loan extension of credit shall take place during the Availability Period; . Each Borrowing, and solely in connection with the funding each issuance, amendment, renewal or extension of the initial Loan, the Administrative Agent a Letter of Credit shall have received full, correct be deemed to constitute a representation and complete copies of custody reports (including (i) activity reports with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base, (ii) an itemized list of each account and the amounts therein with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base and (iii) an itemized list of each Portfolio Investment held in any Custodian Account owned warranty by the Borrower or any Subsidiary) reflecting all assets being held in any Custodian Account owned by on the Borrower or any of its Subsidiaries or otherwise subject date thereof as to the Custody Agreement or matters specified in the Document Custody Agreement.preceding sentence. 91

Conditions to Each Credit Event. The obligation of each Lender to make any Loan, including any Loans a Loan on the Effective Dateoccasion of any Borrowing and of each Issuing Bank to issue, amend, renew or extend any Letter of Credit is additionally subject to Section 2.26(c) and the satisfaction of the following conditions: (a) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall exist; (b) at the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, all representations and warranties of the Borrower each Loan Party set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (other than any representation or warranty already those representations and warranties that are expressly qualified by materiality or a Material Adverse EffectEffect or other materiality, in which case such representations and warranties shall be true and correct in all respects); (c) on and as of the date of such Loan, or, as to any such representation or warranty that refers to a specific date, as of such specific date; at the time of and immediately after giving effect to such Loan, no Default or Event of Default shall have occurred and be continuing or would result from such Loan after giving effect thereto; no Borrowing Base Deficiency shall exist at the time of and immediately after giving effect to such Loan, and (x) solely in connection with the funding of the initial Loan, the Borrower shall have delivered a Borrowing Base Certificate as of since the date of the funding of such Loan demonstrating that the Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments most recent financial statements delivered by the Borrower pursuant to Section 5.1(a), there shall have been no change which has had or payment of outstanding Loans or Other Covered Indebtednesscould reasonably be expected to have a Material Adverse Effect; and (y) in connection with the funding of any Loan other than the initial Loan, either (i) the aggregate Covered Debt Amount (after giving effect to such Loan) shall not exceed the Borrowing Base reflected on the Borrowing Base Certificate most recently delivered to the Administrative Agent or (iid) the Borrower shall have delivered an updated the required Notice of Borrowing Base Certificate demonstrating that together with a report setting forth the Covered Debt Amount sources and uses of the proceeds hereof (after giving effect to such Loanif applicable); (e) shall not exceed the Borrowing Base after giving effect to such Loan as well as any concurrent acquisitions of Portfolio Investments by the Borrower or payment of outstanding Loans or Other Covered Indebtedness; after giving effect to such Loan, the Borrower shall be in compliance on a pro forma compliance basis with each of the covenants set forth in Sections 6.07(a)Article VI, measuring Consolidated Total Net Debt for purposes of Section 6.1 as of the date of any such Borrowing (b)or issuance, (damendment, renewal or extension, as the case may be) and (e); otherwise recomputing the Custody Agreement, Document Custody Agreement and Control Agreement shall covenants set forth in Article VI as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been duly executed and delivered by the Borrowerpursuant to Section 5.1(b) as if such Borrowing (or issuance, the Collateral Agentamendment, the Custodian and the Document Custodianrenewal or extension, as applicable, and all other control arrangements required at the time by Section 5.08(c)(iicase may be) with respect to the Obligors’ other deposit accounts and securities accounts shall have been entered into; the proposed date of such Loan shall take place during the Availability Periodhad occurred; and solely in connection with the funding of the initial Loan, (f) the Administrative Agent shall have received fullsuch other documents, correct certificates, information or legal opinions as the Administrative Agent or the Required Lenders may reasonably request, all in form and complete copies of custody reports (including (i) activity reports with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base, (ii) an itemized list of each account and the amounts therein with respect to Cash and Cash Equivalents included in the calculation of the Borrowing Base and (iii) an itemized list of each Portfolio Investment held in any Custodian Account owned by the Borrower or any Subsidiary) reflecting all assets being held in any Custodian Account owned by the Borrower or any of its Subsidiaries or otherwise subject substance reasonably satisfactory to the Custody Agreement Administrative Agent or the Document Custody AgreementRequired Lenders.