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, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and (ii) The representations and warranties contained in Article V are true and correct as of 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 have been true and correct on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice 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.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and (ii) The representations and warranties contained in Article ARTICLE V are true and correct as of such Borrowing Date with respect to 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 (date, in which case such representation or warranty shall have been be true and correct on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections SECTIONS 4.2(i) and (ii) have been satisfied.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to 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 (date, in which case such representation or warranty shall have been be true and correct on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice 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.

Each Advance. The Lenders shall not be required to make any Advance Advance, excluding continuations and conversions of existing Advances, unless on the applicable Borrowing Date, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and (ii) The representations and warranties contained in Article V (other than Section 5.5) are true and correct in all material respects as of such Borrowing Date, Date except to the extent any such representation or warranty is stated to relate solely to an earlier date (date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice 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.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing DateDate or date of issuance, 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 have been true and correct on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice 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.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to date of such Advance: (i) There exists no No Default or Unmatured Default; andDefault exists or will result after giving effect to such Advance. (ii) The representations and warranties contained in Article V (other than Section 5.10) are true and correct in all material respects as of the date of such Borrowing Date, Advance except to the extent any such representation or warranty is stated to relate solely to an earlier date (date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice 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.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date, Date except to the extent any such representation or warranty is stated to relate solely to an earlier date (date, in which case such representation or warranty shall have been true and correct on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents. Each Borrowing Notice 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.

Each Advance. The Lenders shall not be required to make an Advance under any Advance Facility unless on the applicable Borrowing Date, after giving effect to such Advance: (i) There exists no Default or Unmatured Default; and. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date, Date except to the extent any such representation or warranty is stated to relate solely to an earlier date (date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. (iii) and except for changes in factual circumstances not prohibited under All legal matters incident to the Loan Documents. Each Borrowing Notice with respect to each making of such Advance shall constitute a representation be satisfactory to the Lenders and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfiedtheir counsel.