Common use of Conditions to Each Loan Clause in Contracts

Conditions to Each Loan. As of the time of the making of each Loan hereunder (including the initial Loan): (a) each of the representations and warranties set forth in Section 5 hereof with respect to each Borrower shall be and remain true and correct as of said time, except that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank pursuant to Section 7.4 hereof; (b) no Potential Event of Default or Event of Default with respect to any Borrower shall have occurred and be continuing; (c) after giving effect to each Loan requested hereunder, (i) the aggregate principal amount of all Loans to all Borrowers then outstanding hereunder does not exceed the Commitment, and (ii) the aggregate principal amount of all Loans then outstanding to the Borrower requesting such Loan does not exceed the lesser of (A) the Commitment, and (B) such Borrower’s Borrowing Limit; and (d) no Material Adverse Change shall have occurred with respect to any Borrower; and the request by any Borrower for any Loan pursuant hereto shall be and constitute a warranty as of the date of such request that the conditions contained in this Section 6.2 have been fulfilled.

Conditions to Each Loan. As of the time of the making of each Loan hereunder (including the initial Loan): (a) each of the representations and warranties set forth in Section 5 hereof with respect to each the Borrower requesting such Loan shall be and remain true and correct in all material respects as of said time, except for those representations and warranties that expressly refer to a specific date and that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank Lender pursuant to Section 7.4 hereof; (b) no Potential Event of Default or Event of Default with respect to any such Borrower shall have occurred and be continuing; (c) such Borrower shall deliver a Notice of Borrowing to the Lender, which includes, among other things, a certification that after giving effect to each Loan requested hereunder, (i) the aggregate principal amount of all Loans to all Borrowers then outstanding hereunder does not exceed the Commitment, and (ii) the aggregate principal amount of all Loans then outstanding to the Borrower requesting such Loan does not exceed the lesser of (A) the Commitment, and (B) such Borrower’s Borrowing Limit; and (d) no Material Adverse Change such extension of credit shall have occurred with respect not violate any order, judgment or decree of any court or other authority or any provision of law or regulation applicable to any the Lender (including, without limitation, Regulation U of the Board of Governors of the Federal Reserve System) as then in effect. Such Borrower; and the ’s request by any Borrower for any Loan pursuant hereto shall be and constitute a its warranty as of to the date of such request that the conditions contained facts specified in this Section 6.2 have been fulfilledsubsections (a) through (c), both inclusive, above.

Conditions to Each Loan. As The obligation of Lenders to make a Loan (including on the Closing Date) is subject to the satisfaction of the time of the making of each Loan hereunder (including the initial Loan):following additional conditions: (a) each in the case of the representations and warranties set forth a Revolving Loan Borrowing, receipt by Agent of a Notice of Borrowing in accordance with Section 5 hereof with respect to each Borrower shall be and remain true and correct as of said time, except that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank pursuant to Section 7.4 hereof2.2(b); (b) the fact that, immediately after such borrowing and after application of the proceeds thereof or after such issuance, the Revolving Loan Outstandings will not exceed the Revolving Loan Limit; (c) the fact that, immediately before and after such borrowing or issuance, no Potential Event of Default or Event of Default with respect to any Borrower shall have occurred and be continuing; (c) after giving effect to each Loan requested hereunder, (id) the aggregate principal amount fact that the representations and warranties of all Loans to all Borrowers then outstanding hereunder does not exceed each Credit Party contained in the Commitment, and (ii) the aggregate principal amount of all Loans then outstanding to the Borrower requesting such Loan does not exceed the lesser of (A) the Commitment, and (B) such Borrower’s Borrowing Limit; and (d) no Material Adverse Change shall have occurred with respect to any Borrower; and the request by any Borrower for any Loan pursuant hereto Financing Documents shall be true and constitute a warranty correct in all material respects on and as of the date of such request borrowing or issuance, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct in all material respects as of such earlier date; and (e) Agent shall have received each document and agreement set forth on that certain Post Closing Letter Agreement dated as of even date herewith between Borrower and Agent and each condition set forth in the conditions contained in this Section 6.2 Post Closing Letter Agreement shall have been fulfilledsatisfied. Each borrowing, and each giving of a Notice of Borrowing hereunder shall be deemed to be a representation and warranty by Borrower on the date of such borrowing or notice as to the facts specified in Sections 8.2(b), 8.2(c) and 8.2(d).

Conditions to Each Loan. As of the time of the making of each Loan hereunder (including the initial Loan): (a) each of the representations and warranties set forth in Section 5 hereof with respect to each Borrower shall be and remain true and correct as of said time, except that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank pursuant to Section 7.4 hereof; (b) no Potential Event of Default or Event of Default with respect to any Borrower shall have occurred and be continuing; (c) after giving effect to each Loan requested hereunder, (i) the aggregate principal amount of all Loans to all Borrowers then outstanding hereunder does not exceed the Commitment, and (ii) the aggregate principal amount of all Loans then outstanding to the Borrower requesting such Loan does not exceed the lesser of (A) the Commitment, and (B) such Borrower’s 's Borrowing Limit; and (d) no Material Adverse Change shall have occurred with respect to any Borrower; and the request by any Borrower for any Loan pursuant hereto shall be and constitute a warranty as of the date of such request that the conditions contained in this Section 6.2 have been fulfilled.

Conditions to Each Loan. As The obligations of the time Lenders to make any Loan on or subsequent to the Closing Date are subject to the satisfaction of the making of each Loan hereunder (including the initial Loan):following conditions: (a) each of the representations and warranties set forth in Section 5 hereof with respect to each Borrower Agent shall be and remain true and correct as of said time, except that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank pursuant to Section 7.4 hereofhave received a Borrowing Notice; (b) the representations and warranties of the Guarantor set forth in Article VI and in each of the other Loan Documents shall be true and correct in all material respects on and as of the date of such Loan, with the same effect as though such representations and warranties had been made on and as of such date, except to the extent that such representations and warranties expressly relate to an earlier date and except that the financial statements referred to in Section 6.5 shall be deemed to be those financial statements most recently delivered to the Agent and the Lenders pursuant to Section 7.1 from the date financial statements are delivered to the Agent and the Lenders in accordance with such Section; (c) at the time of (and after giving effect to) each Loan, no Potential Event of Default or Event of Default with respect to any Borrower shall have occurred and be continuing; (c) after giving effect to each Loan requested hereunder, (i) the aggregate principal amount of all Loans to all Borrowers then outstanding hereunder does not exceed the Commitment, and (ii) the aggregate principal amount of all Loans then outstanding to the Borrower requesting such Loan does not exceed the lesser of (A) the Commitment, and (B) such Borrower’s Borrowing Limit; and (d) no Material Adverse Change shall have occurred with respect immediately after giving effect to any Borrower; and a Loan, the request by any Borrower for any Loan pursuant hereto shall be and constitute a warranty as aggregate Euro Equivalent Amount of the date principal balance of all outstanding Loans for each Lender shall not exceed such request that the conditions contained in this Section 6.2 have been fulfilledLender’s Commitment.

Conditions to Each Loan. As The obligation of each Committed Conduit Lender and each Related Bank Lender to make any Loan and the right of the time Borrower to request or accept any such Loan, are subject to the conditions (and each such Loan shall evidence the Borrower's representation and warranty that clauses (a)-(f) of this Section 7.2 have been satisfied) that on the making date of each such Loan hereunder (including the initial before and after giving effect to such Loan):: (a) each no Potential Termination Event shall then exist or shall occur as a result of the representations and warranties set forth in Section 5 hereof with respect to each Borrower shall be and remain true and correct as of said time, except that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank pursuant to Section 7.4 hereofsuch Loan; (b) no Potential Event of Default or Event of Default with respect to any Borrower shall have occurred and be continuingthe Termination Date has not occurred; (c) after giving effect to each the application of the proceeds of such Loan, the outstanding Aggregate Loan requested hereunder, (i) the aggregate principal amount of all Loans to all Borrowers then outstanding hereunder does Amount would not exceed the Commitment, Loan Limit and the Secured Interest will not exceed 100%; (iid) the aggregate principal amount representations and warranties in Section 4.1 are true and correct in all material respects on and as of all Loans then outstanding such date (except to the extent such representations and warranties relate solely to an earlier date and then as of such earlier date); (e) each of the Borrower requesting such Loan does not exceed and each Originator is in full compliance with the lesser of Transaction Documents (A) the Commitment, including all covenants and (B) such Borrower’s Borrowing Limitagreements in Article V); and (df) no Material Adverse Change shall have occurred with respect all legal matters related to any Borrower; and such Loan are reasonably satisfactory to the request by any Borrower for any Loan pursuant hereto shall be and constitute a warranty as of the date of such request that the conditions contained applicable Lenders. Nothing in this Section 6.2 have been fulfilled7.2 limits the obligations of each Liquidity Bank and Enhancement Bank to its related Conduit Lender.

Conditions to Each Loan. As The obligation of each Lender to make any Loan hereunder, including any Loan to be made on the Effective Date, is subject to the satisfaction of the time following conditions: (i) the Administrative Agent shall have received, in accordance with the provisions of Section 2.1B, a Notice of Borrowing signed by the Borrower; (ii) after giving effect to such Loan (and all other Loans made as part of the making same Borrowing), the aggregate principal amount of each Loan hereunder (including all Loans outstanding shall not exceed the initial Loan):Commitments then in effect; (aiii) each the representations and warranties contained herein and in the other Loan Documents (other than, in the case of Loans the proceeds of which will be used solely to repay maturing commercial paper issued by the Borrower, the representations and warranties set forth in (x) the last sentence of each of Sections 4.3A and 4.3C, (y) Section 5 hereof with respect to each Borrower 4.4 and (z) Section 4.6) shall be true, correct and remain true complete in all material respects on and correct as of said time, except that the representations and warranties made under Section 5.3 shall be deemed to refer to the most recent financial statements furnished to the Bank pursuant to Section 7.4 hereof; (b) no Potential Event of Default or Event of Default with respect to any Borrower shall have occurred and be continuing; (c) after giving effect to each Loan requested hereunder, (i) the aggregate principal amount of all Loans to all Borrowers then outstanding hereunder does not exceed the Commitment, and (ii) the aggregate principal amount of all Loans then outstanding to the Borrower requesting such Loan does not exceed the lesser of (A) the Commitment, and (B) such Borrower’s Borrowing Limit; and (d) no Material Adverse Change shall have occurred with respect to any Borrower; and the request by any Borrower for any Loan pursuant hereto shall be and constitute a warranty as of the date of such request Loan to the same extent as though made on and as of that date, except to the conditions contained extent such representations and warranties specifically relate to an earlier date, in this Section 6.2 which case such representations and warranties shall have been fulfilledtrue, correct and complete in all material respects on and as of such earlier date; and (iv) no event shall have occurred and be continuing or would result from such Loan that would constitute an Event of Default or a Potential Event of Default.