Common use of Each Advance and Issuance Clause in Contracts

Each Advance and Issuance. The Lenders shall not be required to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: (a) Prior to, and after giving effect to such Advance or issuance, there shall not exist any Default or Unmatured Default; and (b) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date or (ii) for changes in factual circumstances which are permitted by this Agreement. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice) and (b) have been satisfied.

Each Advance and Issuance. The Lenders shall not be required to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: (a) Prior to, and after giving effect to such Advance or issuance, there shall not exist any There exists no Default or Unmatured Default; and; (b) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties Borrower and to any Subsidiary in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date date; and (c) All legal matters incident to the making of such Advance or (ii) for changes in factual circumstances which are permitted by this Agreementissuance of such Facility Letter of Credit shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice) and (b) have been satisfied.

Each Advance and Issuance. The Lenders shall not be required to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: (a) Prior to, and after giving effect to such Advance or issuance, there shall not exist any Default or Unmatured Default; and; (b) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date or date; and (iic) for changes in factual circumstances which are permitted by this AgreementAll legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice4.2(i) and (bii) have been satisfied.. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit A.

Each Advance and Issuance. The Lenders shall not be required to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: (a) Prior to, and after giving effect to such Advance or issuance, there shall not exist any Default or Unmatured Default; and (b) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date or (ii) for changes in factual circumstances which are permitted by this Agreement. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice) and (b) have been satisfied.

Each Advance and Issuance. The Lenders shall not be required to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: : (a) Prior to, and after giving effect to such Advance or issuance, there shall not exist any Default or Unmatured Default; and and (b) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be - 77 - US_ACTIVEActive\121281000\V-110 true and correct on and as of such earlier date or (ii) for changes in factual circumstances which are permitted by this Agreement. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice) and (b) have been satisfied.

Each Advance and Issuance. The Lenders shall not be required requiredobligation of each Lender to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: Date is subject to the satisfaction of the following conditions: (a) Prior to, and after giving effect to such Advance or issuance, there shall not exist any Default or Unmatured Default; and and (b) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date or (ii) for changes in factual circumstances which are permitted by this Agreement. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice) and (b) have been satisfied.

Each Advance and Issuance. The Lenders shall not be required to make any Advance or issue any Facility Letter of Credit unless on the applicable Borrowing Date: (ai) Prior to, and after giving effect to such Advance or issuance, there shall not exist any Default or Unmatured Default; and; (bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except (i) to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date or date; and (iiiii) for changes in factual circumstances which are permitted by this AgreementAll legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) (in the case of the initial Borrowing Notice4.2(i) and (bii) have been satisfied.. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit A.