Common use of Each Borrowing Clause in Contracts

Each Borrowing. The obligation of each Bank to make each -------------- Loan to be made by it as part of a Borrowing hereunder to the Borrower is subject to the further conditions precedent that: (i) the Agent shall have received a Notice of Borrowing as required by Section 2.02 or 2.03, as the case may be; (ii) the fact that, immediately after such Borrowing, the Dollar Amount of the aggregate outstanding principal amount of the Loans will not exceed the aggregate amount of the Commitments; (iii) the fact that, immediately after such Borrowing, no Default shall have occurred and be continuing; and (iv) the fact that the representations and warranties of the Borrower contained in this Agreement shall be true on and as of the date of such Borrowing as if made on and as of such date (except, in the case of a Refunding Borrowing, the representations and warranties set forth in clauses (d) and (e) of Section 4.01 as to any material adverse change or litigation, respectively, which has theretofore been disclosed in writing by the Borrower to the Banks). Each Borrowing hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing as to the facts specified in clauses (ii), (iii) and (iv) of this Section.

Each Borrowing. The obligation of each Bank Lender to make each -------------- --------------- a Loan to be made by it as part on the occasion of a any Borrowing hereunder to the Borrower is subject to the further conditions precedent thatsatisfaction of the following conditions: (ia) At the Agent shall have received a Notice time of Borrowing as required by Section 2.02 or 2.03, as the case may be; (ii) the fact that, and immediately after giving effect to such Borrowing, the Dollar Amount of the aggregate outstanding principal amount of the Loans will not exceed the aggregate amount of the Commitments; (iii) the fact that, immediately after such Borrowing, no Default shall have occurred and be continuing; and (iv) the fact that the representations and warranties of the Borrower contained in this Agreement set forth herein shall be true and correct (or, in the case of representations and warranties that are not qualified as to materiality, true and correct in all material respects) on and as of the date of such Borrowing as if made on (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such date earlier date). (except, in b) At the case time of a Refunding and immediately after giving effect to such Borrowing no Default shall have occurred and be continuing. (c) At the time of and immediately after giving effect to such Borrowing, the representations Purchase Agreement shall be in full force and warranties set forth effect and the Borrower shall be in clauses substantial compliance therewith. (d) and (e) At the time of Section 4.01 as to any material adverse change or litigationsuch Borrowing, respectively, which has theretofore been disclosed in writing by the Borrower shall have issued to the BanksLucent all Warrants then required to be issued pursuant to Section 2.09(g). Each Borrowing hereunder shall be deemed to be constitute a representation and warranty by the Borrower on the date of such Borrowing thereof as to the facts matters specified in clauses paragraphs (iia), (iiib), (c) and (ivd) of this Section.

Each Borrowing. The obligation of each Bank Lender to make each -------------- a Loan to be made by it as part on the occasion of a any Borrowing hereunder to the Borrower is subject to the further conditions precedent thatsatisfaction of the following conditions: (ia) the Administrative Agent shall have received a Notice written notice of Borrowing as the Borrower’s intent to borrow if required by Section 2.02 or 2.03, as the case may beArticle II; (iib) the fact that, immediately after such Borrowing, the Dollar Amount representations and warranties of the aggregate outstanding principal amount Borrower set forth in Article IV (other than the representation set forth in Section 4.08 and the representation set forth in the last sentence of Section 4.06) shall be true and correct on and as of the Loans will not exceed date of such Borrowing with the aggregate amount same effect as though such representations and warranties had been made on and as of such date, except to the Commitmentsextent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date; (iiic) at the fact that, immediately time of (and after giving effect to) such Borrowing, no Default shall have occurred and be continuing; and (ivd) immediately after giving effect to such Borrowing: (i) the fact that Revolving Credit Exposure of each Lender shall not exceed such Lender’s Commitment; and (ii) the representations and warranties sum of the Borrower contained in this Agreement total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans shall be true on and as of not exceed the date of total Commitments at such Borrowing as if made on and as of such date (except, in the case of a Refunding Borrowing, the representations and warranties set forth in clauses (d) and (e) of Section 4.01 as to any material adverse change or litigation, respectively, which has theretofore been disclosed in writing by the Borrower to the Banks)time. Each Borrowing hereunder shall be deemed to be constitute a representation and warranty by the Borrower on the date of such Borrowing thereof as to the facts matters specified in clauses paragraphs (iib), (iiic) and (ivd) of this Section.

Each Borrowing. The obligation of each Bank Lender to make each -------------- a Loan to be made by it as part on the occasion of a any Borrowing hereunder to the Borrower is subject to the further conditions precedent thatsatisfaction of the following conditions: (ia) the Administrative Agent shall have received a Notice written notice of Borrowing as the Borrower's intent to borrow if required by Section 2.02 or 2.03, as the case may beArticle II; (iib) the fact that, immediately after such Borrowing, the Dollar Amount representations and warranties of the aggregate outstanding principal amount Borrower set forth in Article IV (other than the representation set forth in Section 4.08 and the representation set forth in the last sentence of Section 4.06) shall be true and correct on and as of the Loans will not exceed date of such Borrowing with the aggregate amount same effect as though such representations and warranties had been made on and as of such date, except to the Commitmentsextent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date; (iiic) at the fact that, immediately time of (and after giving effect to) such Borrowing, no Default shall have occurred and be continuing; and (ivd) immediately after giving effect to such Borrowing: (i) the fact that Revolving Credit Exposure of each Lender shall not exceed such Lender's Commitment; and (ii) the representations and warranties sum of the Borrower contained in this Agreement total Revolving Credit Exposures plus the aggregate principal amount of outstanding Competitive Loans shall be true on and as of not exceed the date of total Commitments at such Borrowing as if made on and as of such date (except, in the case of a Refunding Borrowing, the representations and warranties set forth in clauses (d) and (e) of Section 4.01 as to any material adverse change or litigation, respectively, which has theretofore been disclosed in writing by the Borrower to the Banks)time. Each Borrowing hereunder shall be deemed to be constitute a representation and warranty by the Borrower on the date of such Borrowing thereof as to the facts matters specified in clauses paragraphs (iib), (iiic) and (ivd) of this Section.