Common use of Each Borrowing Clause in Contracts

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors Borrower set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect Borrowing (except to such Borrowing, or if the extent that any such representation or warranty was made as of a specific date, such representation and warranty was expressly relates to an earlier date, in which case such representation and warranty shall be true and correct in all material respects on (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) as of such earlier date). (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors Borrower on the date of such Borrowing Request and the date of the Borrowing requested thereunder thereof as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of an outstanding Loan that does not increase the principal amount thereof) is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III 3 of this Agreement (other than than, in the case of any Borrowing subsequent to the Effective Date, Section 3.04, Section 3.05(a)(i3.05(a) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request (other than in respect of a conversion or continuation of an outstanding Loan that does not increase the principal amount thereof) shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of any Loan) is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Section 3.04, Section Sections 3.04 and 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing under any Participating Credit Agreement is subject to the satisfaction of the following conditions, in addition to any conditions set forth in the applicable Participating Credit Agreement: (a) The At the time of and immediately after giving effect to such Borrowing, the representations and warranties of the Obligors Loan Parties set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other the Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, Documents shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if except any such representation or warranty was made as of a specific date, such representation and warranty was that expressly relates to an earlier date, in which case such representation and warranty shall have been true and correct in all material respects on and as of such earlier date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by Holdings and the Obligors Borrower on the date of such Borrowing Request and the date of the Borrowing requested thereunder thereof as to the matters specified in paragraphs (a) and (b) of this SectionSection 4.02 and as to the satisfaction of any additional conditions to such Borrowing set forth in the applicable Participating Credit Agreement.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or or, if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or or, if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of Prior to and immediately after giving effect to such Borrowing, no Default shall have has occurred and be continuingis continuing or would result from the use of proceeds therefrom. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Delivery of a Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs clauses (a) and (b) of this SectionSection 4.02.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing Borrowing, including any Conversion pursuant to Section 2.05, is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Borrowing as required by Section 2.03, 2.04 or 2.05, as applicable; (b) The representations and warranties of the Obligors set forth in Article III hereof (except, in the case of this Agreement (other than Section 3.04a Conversion, Section 3.05(a)(ithe representations set forth in Sections 3.03 and 3.06(a)) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving Borrowing with the same effect to such Borrowing, or if any such representation or warranty was as though made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date., except to the extent such representations and warranties expressly relate to an earlier date; (bc) At The Borrower shall be in compliance with all of the terms and provisions set forth herein on its part to be observed or performed, and at the time of of, and immediately after giving effect to such Borrowing, no Event of Default or Default shall have occurred and be continuing. (c) The Borrower shall have delivered a ; and each Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors Borrower on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (ab) and (bc) of this SectionSection 4.01.

Each Borrowing. The obligation of each Lender to make --------------- a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The At the time of and immediately after giving effect to such Borrowing, the representations and warranties of the Obligors Borrower set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other the Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, Documents 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 respects) on and as of the date of such Borrowing, before Borrowing (except to the extent such representations and after giving effect warranties expressly refer to such Borrowing, or if any such representation or warranty was made as of a specific an earlier date, such representation and warranty was in which case they shall be true and correct in all material respects on and as of such earlier date). (b) At the time of and immediately after giving effect to such Borrowing, Borrowing no Default shall have occurred and be continuing. (c) The At the time of and immediately after giving effect to such Borrowing, the Purchase Agreement shall be in full force and effect and the Borrower shall have delivered a Borrowing Request be in accordance with Section 2.03substantial compliance therewith. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors Borrower on the date of such Borrowing Request and the date of the Borrowing requested thereunder thereof as to the matters specified in paragraphs (a), (b) and (bc) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of an outstanding Loan that does not increase the principal amount thereof) is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III 3 of this Agreement (other than than, in the case of any Borrowing subsequent to the Effective Date, Section 3.04, Section 3.05(a)(i3.05(a)(a) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request (other than in respect of a conversion or continuation of an outstanding Loan that does not increase the principal amount therof) shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Section 3.04, Section Sections 3.04 and 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Section 3.04, Section 3.05(a)(i) or (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.