Common use of Conditions to Each Loan Advance Clause in Contracts

Conditions to Each Loan Advance. The obligation of the Lender to make any Loan is subject to satisfaction of the following conditions: (a) The Lender shall have received (i) an appropriate Notice of Borrowing, (ii) the Letter of Credit securing the Borrower’s Obligations with respect to such Loan, (iii) a copy of the letter of credit reimbursement and pledge agreement duly entered into by an Affiliate of the Borrower with China Merchants Bank Co., Ltd., Beijing Branch (“Pledge Agreements”), and (iv) a copy of the banker’s acceptance bxxx pledged under the Pledge Agreements; (b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date); (c) No Default or Event of Default shall exist and be continuing either prior to or after giving effect to such Loan to be made; and (i) The aggregate principal amount of all the Loans outstanding hereunder plus the interests and Facility Fee due on such Loans for one Interest Period shall not exceed the aggregate drawable amount of the Letters of Credit that secure the Borrower’s Obligations and are delivered to the Lender on or prior to the Borrowing Date of such Loan, and (ii) the aggregate principal amount of each Loan will not exceed the Committed Amount. The delivery of each Notice of Borrowing shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.

Conditions to Each Loan Advance. The obligation of the Lender to make any Loan is subject to satisfaction of the following conditions: (a) The Lender shall have received (i) an appropriate Notice of Borrowing, (ii) the Letter appropriate Tranche A Letters of Credit or Tranche B Letters of Credit (as applicable) securing the Borrower’s Obligations with respect to such Loan, (iii) a copy evidence of the letter of credit reimbursement and pledge agreement duly entered into by an Affiliate of the Borrower with cash deposit to China Merchants Bank Co., Ltd., Beijing Branch (“Pledge Agreements”)from an Affiliate of the Borrower, and (iv) a copy of the banker’s acceptance bxxx letter of credit reimbursement agreement between the Letter of Credit applicant and China Merchants Bank Co., Ltd., Beijing Branch and of the pledge agreement pursuant to which the cash deposit is pledged under to China Merchants Bank Co., Ltd., Beijing Branch to secure the Pledge Agreementsobligations thereunder of the Letter of Credit applicant thereto; (b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date); (c) No Default or Event of Default shall exist and be continuing either prior to or after giving effect to such Loan to be made; and (i) The aggregate principal amount of all the Loans outstanding hereunder such Loan plus the interests interest and Facility Fee fees due on such Loans for one the Loan on the next applicable Interest Period Payment Date shall not exceed (x) in the aggregate case of a Tranche A Loan, the drawable amount of the Tranche A Letters of Credit that secure the Borrower’s Obligations with respect to such Loan, or (y) in the case of a Tranche B Loan, 95% of the Dollar Equivalent of the drawable amount of the Tranche B Letters of Credit that secure the Borrower’s Obligations with respect to such Loan, and are delivered to the Lender on or prior to the Borrowing Date of such Loan, and (ii) the aggregate principal amount of each the Loan will not exceed the Committed Amountapplicable Commitment. The delivery of each Notice of Borrowing shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.

Conditions to Each Loan Advance. The obligation of the Lender to make any Loan is subject to satisfaction of the following conditions: (a) The Lender shall have received (i) an appropriate Notice of Borrowing, (ii) the Letter of Credit securing the Borrower’s Obligations with respect to such Loan, (iii) a copy of the letter of credit reimbursement and pledge agreement duly entered into by an Affiliate of the Borrower with China Merchants Bank Co., Ltd., Beijing Branch (“Pledge Agreements”), and (iv) a copy of the banker’s acceptance bxxx xxxx pledged under the Pledge Agreements; (b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date); (c) No Default or Event of Default shall exist and be continuing either prior to or after giving effect to such Loan to be made; and (i) The aggregate principal amount of all the Loans outstanding hereunder plus the interests and Facility Fee due on such Loans for one Interest Period shall not exceed the aggregate drawable amount of the Letters of Credit that secure the Borrower’s Obligations and are delivered to the Lender on or prior to the Borrowing Date of such Loan, and (ii) the aggregate principal amount of each Loan will not exceed the Committed Amount. The delivery of each Notice of Borrowing shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.

Conditions to Each Loan Advance. The obligation of the Lender to make any Loan is subject to satisfaction of the following conditions: (a) The Lender shall have received (i) an appropriate Notice of Borrowing, (ii) the Letter of Credit securing the Borrower’s Obligations with respect to such Loan, (iii) a copy evidence of the letter of credit reimbursement and pledge agreement duly entered into by an Affiliate of the Borrower with cash deposit to China Merchants Bank Co., Ltd., Beijing Guangzhou Branch (“Pledge Agreements”)from an Affiliate of the Borrower, and (iv) a copy of the banker’s acceptance bxxx letter of credit reimbursement agreement between the Letter of Credit applicant and China Merchants Bank Co., Ltd., Guangzhou Branch and of the pledge agreement pursuant to which the cash deposit is pledged under to China Merchants Bank Co., Ltd., Guangzhou Branch to secure the Pledge Agreementsobligations thereunder of the Letter of Credit applicant thereto; (b) The representations and warranties set forth in Section 4 shall be true and correct in all material respects as of such date (except for those which expressly relate to an earlier date); (c) No Default or Event of Default shall exist and be continuing either prior to or after giving effect to such Loan to be made; and (i) The aggregate principal amount of such Loan and all the other Loans plus the interest and fees due on all the Loans outstanding hereunder plus on the interests and Facility Fee due on such Loans for one next following applicable Interest Period Payment Date shall not exceed 95% of the aggregate Dollar Equivalent of the drawable amount of the Letters of Credit that secure the Borrower’s Obligations and are delivered to the Lender on or prior to the Borrowing Date of such Loan, and (ii) the aggregate principal amount of each Loan all the Loans will not exceed the Committed Amount. The delivery of each Notice of Borrowing shall constitute a representation and warranty by the Borrower of the correctness of the matters specified in subsections (b) and (c) above.