Common use of Conditions to the Making of Loans Clause in Contracts

Conditions to the Making of Loans. The obligation of each Lender to make any Loan and the Issuing Bank to issue a Letter of Credit on any Credit Date following the Closing Date is subject to the satisfaction, or waiver in accordance with Section 9.5, of the following conditions precedent: (a) the Administrative Agent shall have received an executed Borrowing Notice or Issuance Notice, as the case may be, in each case signed by an Authorized Officer of the Borrower; and (b) as of such Credit Date: (i) the representations and warranties of the Borrower contained herein (other than Section 4.6, Section 4.8 and Section 4.15) shall be true and correct in all material respects on and as of such Credit Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; provided that any such representations and warranties that are qualified by “materiality” or “Material Adverse Effect” shall be true and correct in all respects; and (ii) no Default or Event of Default shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Borrowing Notice or Issuance Notice, as applicable.

Conditions to the Making of Loans. The obligation of each Lender to make any Loan and the Issuing Bank to issue a Letter of Credit on any Credit Date following the Closing Date is subject to the satisfaction, or waiver in accordance with Section 9.5, of the following conditions precedent: (a) the Administrative Agent shall have received an executed Borrowing Notice or Issuance Notice, as the case may be, in each case signed by an Authorized Officer of the Borrower; and (b) as of such Credit Date: (i) the representations and warranties of the Borrower contained herein (other than Section 4.64.7, Section 4.8 and Section 4.15) shall be true and correct in all material respects on and as of such Credit Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; provided that any such representations and warranties that are qualified by “materiality” or “Material Adverse Effect” shall be true and correct in all respects; and (ii) no Default or Event of Default shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Borrowing Notice or Issuance Notice, as applicable.