Common use of Conditions to Each Revolving Loan and Letter of Credit Clause in Contracts

Conditions to Each Revolving Loan and Letter of Credit. Lender shall have no obligation to advance additional Revolving Loans or issue any Letters of Credit unless, as to each such Loan, the following statements shall be true and correct: (a) Each of the representations and warranties contained herein and in the other Loan Documents shall be correct in all material respects, and each shall be deemed to be reaffirmed as of the date of each such Revolving Loan or Letter of Credit with the same effect as though such representations and warranties had been made again on and as of each day of the term of this Agreement subject to such changes as are not prohibited hereby or do not constitute Events of Default; (b) No event shall have occurred and be continuing, or would result from such Revolving Loan or Letter of Credit, which constitutes an Event of Default, or would constitute an Event of Default but for the requirement that notice be given or lapse of time or both; (i) The aggregate unpaid principal amount of the Revolving Loans after giving effect to such Revolving Loan shall not violate the lending limits set forth in Section 2.1 of this Agreement and (ii) the Letter of Credit Availability, after giving effect to such Letter of Credit, is greater than zero Dollars; and (d) No law or regulation prohibits, and no order, judgment or decree of any arbitrator or governmental authority enjoins or restrains Lender, from making the requested advance. The acceptance by a Loan Party of the proceeds of each Revolving Loan and the execution and delivery of a Letter of Credit Application by a Loan Party shall be deemed to constitute a representation and warranty by the Loan Parties that the conditions in this Section 7.2, other than (i) those that have been waived in writing by Lender, or (ii) the type described in clause (d) of this Section 7.2, have been satisfied.

Conditions to Each Revolving Loan and Letter of Credit. Lender shall have no obligation On the ------------------------------------------------------ date of the making of any Revolving Loan or the issuance of any Letter of Credit, both immediately before and after giving effect thereto and to advance additional Revolving Loans or issue any Letters the application of Credit unless, as to each such Loanthe proceeds therefrom, the following statements shall be true to the satisfaction of the Agent (and correct:each delivery or deemed delivery of each Notice of Borrowing and a Letter of Credit Request, and the acceptance by the Borrower of the proceeds of such Revolving Loans or issuance of such Letter of Credit, shall constitute a representation and warranty by the Borrower that on the date of such Revolving Loans or issuance of such Letter of Credit immediately before and after giving effect thereto and to the application of the proceeds therefrom, such statements are true): (a) Each of the representations and warranties contained herein in this Credit Agreement and in the each other Loan Documents shall be Credit Document are true and correct in all material respects, respects on and each shall be deemed to be reaffirmed as of the date of each such Revolving Loan Loans or issuance of such Letter of Credit with the same effect as though made on and as of such date, except to the extent that such representations and warranties had expressly relate solely to an earlier date (in which case such representations and warranties shall have been made again true and accurate on and as of each day of the term of this Agreement subject to such changes as are not prohibited hereby or do not constitute Events of Defaultearlier date); (b) No no event shall have has occurred and be is continuing, or would result from such Revolving Loan Loans or the issuance of any Letter of CreditCredit or the application of the proceeds thereof, which constitutes would constitute a Default or an Event of Default, or would constitute an Event of Default but for the requirement that notice be given or lapse of time or both; (ic) The aggregate unpaid principal amount of the Revolving Loans after giving effect no change or development which in any such case, has had or is reasonably expected to such Revolving Loan have a Material Adverse Effect, shall not violate the lending limits set forth in Section 2.1 of this Agreement have occurred and (ii) the Letter of Credit Availability, after giving effect to such Letter of Credit, is greater than zero Dollarsbe continuing; and (d) No law or regulation prohibits, and no order, judgment or decree with respect to the issuance of any arbitrator Letter of Credit, none of the events set forth in Section 3.1 hereof has occurred and is continuing or governmental authority enjoins or restrains Lender, would result from making the requested advanceissuance of such Letter of Credit. The acceptance by a Loan Party of the proceeds benefits of each Revolving Loan and the execution and delivery of a Letter of Credit Application by a Loan Party Event shall be deemed to constitute a representation and warranty by each Credit Party to each of the Loan Parties Lenders that all of the applicable conditions specified above exist as of the date of such Credit Event. All of the certificates, legal opinions and other documents and papers referred to in this Section 7.25, other than (i) those that have been waived unless otherwise specified, shall be delivered to the Payments Administrator at its address specified in writing by LenderSection 11.5 hereof for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or (ii) copies for each of the type described Lenders and shall be in clause (d) of this Section 7.2, have been satisfiedform and substance as specified herein or otherwise satisfactory to the Agent.