Common use of Each Advance Clause in Contracts

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 or issuance 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 (or issuance 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. (iii) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto as a condition to making an Advance or issuing a Facility Letter of Credit.

Each Advance. The Lenders shall not be required to make any Advance nor shall (including the Issuer be required initial Advance hereunder) unless on the applicable Borrowing Date: (i) Prior to issue any Facility Letter of Credit (other than an Advance that, and after giving effect thereto to such Advance, there exists no Default or Unmatured Default; (ii) After giving effect to such Advance and to the application of the proceeds thereof, does not increase thereof the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date or issuance date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V this Agreement (except, in the case of a Refunding Borrowing, the representations and warranties set forth in Sections 5.5, 5.7 and the second sentence of Section 5.13 as to any matter which has theretofore been disclosed in writing by the Company to the Lenders) are true and correct in all material respects as of such Borrowing Date (or issuance date) except to the extent any such representation or warranty is stated to representations and warranties which expressly relate solely to to, and were true and correct in all material respects as of, 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 and regulatory matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) 4.1, 4.2 and (ii) 4.3 have been satisfied. Any Lender or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto K as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders No Lender shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (other than an a Committed Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Committed Advances), unless on the applicable Borrowing Date or issuance dateDate: (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 (or issuance 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. (iii) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Committed Borrowing Notice and Competitive Bid Quote Request with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "CF" hereto as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 or issuance dateDate: (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 (or issuance 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, 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 or the issuance of a Facility Letter of Credit shall be reasonably satisfactory to the Lenders and their counsel, or counsel and shall impose no burden on the Issuer or its counsel, whichever is applicableBorrower greater than as set forth in Section 4.1 hereof. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" D hereto as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 no Issuer shall be obligated to issue a Letter of Credit, unless on the applicable Borrowing Date or issuance dateIssuance Date, as the case may be: (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 (or issuance date) Issuance Date, as the case may be, 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. (iii) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Committed Borrowing Notice (other than a Committed Borrowing Notice deemed given pursuant to Section 2.2.3) and Competitive Bid Borrowing Notice with respect to each such Advance and each request Issuance Request with respect to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto as a condition to making an Advance or issuing a Facility Letter of Credit.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 or issuance dateDate: (i) There exists no Default or Unmatured Default.; (ii) The representations and warranties contained in Article V VI are true and correct as of such Borrowing Date with respect to the General Partner, the Borrower and to any Subsidiary in existence (or issuance dateas applicable) 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 or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i5.2(i) and (ii) have been satisfied. Any Lender or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" F hereto (including all schedules or exhibits) as a condition to making an Advance or issuing a Facility Letter of CreditAdvance; provided that the calculations contained therein shall be based on the most recent quarterly information available.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit ------------ (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 or issuance dateDate: (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 (or issuance 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, 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 or the issuance of a Facility Letter of Credit shall be reasonably satisfactory to the Lenders and their counsel, or counsel and shall impose no burden on the Issuer or its counsel, whichever is applicableBorrower greater than as set forth in Section 4.1 hereof. ----------- Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly --------------- completed compliance certificate in substantially the form of Exhibit "C" D hereto --------- as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 or issuance dateDate: (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 (or issuance 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, 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 or the issuance of a Facility Letter of Credit shall be reasonably satisfactory to the Lenders and their counsel, or counsel and shall impose no burden on the Issuer or its counsel, whichever is applicableBorrower greater than as set forth in Section 4.1 hereof. 35 Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" C hereto as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 or issuance dateDate: (i) There exists no Default or Unmatured Default.; (ii) The representations and warranties contained in Article V ARTICLE VI are true and correct as of such Borrowing Date with respect to the General Partner, the Borrower and to any Subsidiary in existence (or issuance dateas applicable) 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 or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(iSECTIONS 5.2(i) and (ii) have been satisfied. Any Lender or the Issuer may require Borrower shall also furnish a duly completed compliance certificate in substantially the form of Exhibit "C" EXHIBIT F hereto (including all schedules or exhibits) as a condition to making an Advance or issuing a Facility Letter of CreditAdvance; provided that the calculations contained therein shall be based on the most recent quarterly information available.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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 or issuance dateDate: (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 (or issuance 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. (iii) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel. (iv) With respect to the first Advance to be made after the Joinder Date, the Agent shall have received on or the Issuer or its counsel, whichever is applicableprior to such Borrowing Date those deliveries required under Section 6.21. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto B as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit (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)Advance, unless on the applicable Borrowing Date or issuance dateDate: (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 (or issuance 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. (iii) Such Advance is permitted to be incurred by the terms of all indentures or other instruments creating or evidencing Subordinated Indebtedness of the Borrower, and will constitute "Senior Debt" thereunder. (iv) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i), (ii) and (iiiii) have been satisfied. Any Lender or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto Compliance Certificate as a condition to making an Advance or issuing a Facility Letter of CreditAdvance.

Each Advance. The Lenders No Lender shall not be required to make any Advance nor shall the Issuer be required to issue any Facility Letter of Credit ------------ (other than an a Committed Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Committed Advances), unless on the applicable Borrowing Date or issuance dateDate: (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 (or issuance 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. (iii) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Committed Borrowing Notice, Competitive Bid Quote Request and Competitive Bid Acceptance Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto as a condition to making an Advance or issuing a Facility Letter of Credit.

Each Advance. The Lenders shall not be required to make any ------------ Advance nor shall the Issuer be required to issue any Facility Letter of Credit (other than an a Facility A Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless the Agent shall have received a Borrowing Notice and on the applicable Borrowing Date or issuance dateDate: (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 (or issuance 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. (iii) All legal matters incident to the making of such Advance or the issuance of a Facility Letter of Credit shall be satisfactory to the Lenders and their counsel, or the Issuer or its counsel, whichever is applicable. Each Borrowing Notice with respect to each such Advance and each request to issue a Facility Letter of Credit 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 or satisfied and shall be satisfied on the Issuer may require a duly completed compliance certificate in substantially the form of Exhibit "C" hereto as a condition to making an Advance or issuing a Facility Letter of Credit--------------- ---- applicable Borrowing Date.