Common use of Each Advance Clause in Contracts

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default; (ii) 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 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; and (iii) All 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iii) All 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 General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit E hereto as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance ------------ (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances) unless on the applicable Borrowing Date: (ia) There exists no Default or Unmatured Default;. (iib) The representations and warranties contained in Article V below are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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 have been true and correct on and as of such earlier date; and. (iiic) All 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 and/or Conversion/Continuation Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(iSection 4.2(a) and (iib) have been -------------- --- satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit A as Exhibit B.a condition to making an Advance. ---------

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V (other than Section 5.6) are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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 have been true and correct on and as of such earlier date; and (iii) All 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Datedate of such Advance: (i) There exists no No Default or Unmatured Default;Default exists or would result from such Advance. (ii) The representations and warranties contained in Article V (other than, in the case of each Advance to be made after the date of this Agreement, Sections 5.5 and 5.7) are true and correct in all material respects as of the date of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, Advance except 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 have been true and correct on and as of such earlier date; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counselcounsel (including evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Advance). Each delivery of a 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(i) and (ii) have been satisfied. Any Lender may require delivery of a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article V IV are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties each Borrower and to any Subsidiary in existence on such Borrowing Date, except 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 in all material respects on and as of such earlier date; and; (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. ; and (iv) Borrowers have provided to Lenders, Borrowers latest audited annual financial statements and unaudited partial year financial statements (all Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower Borrowers that the conditions contained in Sections 4.2(i3.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances) unless on the applicable Borrowing Date: (ia) There exists no Default or Unmatured Default;. (iib) The representations and warranties contained in Article V below are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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 have been true and correct on and as of such earlier date; and (iii) All 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(iSection 4.2(a) and (iib) have been satisfied. Any Lender may require a duly completed Compliance Certificate satisfied or waived in substantially the same form of the Certificate attached as Exhibit B.writing by Agent.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance consisting solely of a conversion or continuation of an existing borrowing as set forth in Section 2.2.4), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) 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 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; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Ratable Borrowing Notice and each Letter of Credit Notice, Competitive Bid Quote Request or request for a Swing Line Loan under Section 2.4.1 with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances) and the Issuing Lender shall not be required to issue any Facility L/C, unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) 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 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; and. (iii) All 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iii) All legal matters incident to the making of such Advance shall be reasonably 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(i) and (ii) have been satisfied. Any Lender may may, through the Administrative Agent, require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached EXHIBIT F hereto as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make, continue or convert any Advance, and the Swingline Lender shall not be required to make any Advance Swingline Loan, unless on the applicable Borrowing DateDate or date of conversion or continuation: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V (other than Section 5.5, 5.7 and 5.15) are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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 have been true and correct on and as of such earlier date; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. . (iv) 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iii) All 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B hereto as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iii) All legal matters incident to the making of such Advance shall be reasonably 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(i) and (ii) have been satisfied. Any Lender may may, through the Administrative Agent, require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit F hereto as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no No Default or Unmatured Default;Default exists; and (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect in all material respects (except where such representation or warranty is already qualified as to the Loan Parties materiality, in existence on which case such Borrowing Date, representation or warranty is true in all respects) except 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 have been true and correct on and as of such earlier date; and (iii) All 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 each Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance. This Section 4.2 shall not apply to conversions or continuations of outstanding Advances.

Each Advance. The Lenders shall not (except as otherwise set forth in Section 2.5.4 with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) 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 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 have been true and correct in all material respects on and as of such earlier date; and. (iii) All 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 or Swing Line Borrowing Notice, as the case may be, with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections Section 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance Loans unless on the applicable Borrowing DateDate and after giving effect to such extension of credit: (ia) There exists no Default or Unmatured Default;. (iib) The representations and warranties contained in Article V (except Section 5.5, which shall only apply as a condition to the initial Loans hereunder) are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iiic) All legal matters incident to the making of such Advance Loans shall be satisfactory to the Lenders Administrative Agent and the Syndication Agent and their counsel. Each Borrowing Notice and each Letter of Credit Request borrowing notice with respect to each such Advance borrowing by the Borrower hereunder shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i4.2(a) and (iib) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iii) All 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(i) and (ii) have been satisfied. Any Lender may may, through the Administrative Agent, require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit "C" hereto as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) 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 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 have been true and correct on and as of such earlier date; and. (iii) The Agent has received the written authorization of the Guarantor to make such Advance. (iv) All 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit D as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V (other than, in the case of an Advance the proceeds of which are being used exclusively to repay commercial paper of the Borrower, Sections 5.5, 5.7 and 5.12) are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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 have been true and correct on and as of such earlier date; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counselcounsel (including, without limitation, evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Advance). 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(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Datedate of such Advance: (i) There exists no No Default or Unmatured Default;Default exists or would result from such Advance. (ii) The representations and warranties contained in Article V (other than, in the case of each Advance to be made after the date of the initial Advance, Sections 5.5 and 5.7), are true and correct in all material respects as of the date of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, Advance except 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 have been true and correct on and as of such earlier date; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counselcounsel (including evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Advance). Each delivery of a Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute constitutes a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require delivery of a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders Lender shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V IV are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except 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; and. (iii) All 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(i3.2(i) and (ii) have been satisfied. Any The Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit 3.2 hereto as Exhibit B.a condition to making an Advance.