Common use of Each Borrowing Clause in Contracts

Each Borrowing. The obligation of each Lender to make Loans, and of the Issuing Banks to issue, increase or extend Letters of Credit, as part of each Credit Event that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender is subject to the satisfaction or waiver of the following conditions (which conditions, insofar as they apply to any Competitive Loan, may be waived by the Lender that is to make such Competitive Loan): (a) The representations and warranties of the Credit Parties set forth in Article III (other than those set forth in Sections 3.05, 3.06 and 3.12, but solely as such Section 3.12 relates to the EC Matter) shall be true and correct in all material respects on and as of the date of such Credit Event (except to the extent such representations and warranties by their terms relate to an earlier date, 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 Credit Event, no Default shall have occurred and be continuing. (c) With respect to any Credit Event following any Liquidity Determination Date, the Company shall have delivered the certificate required under Section 5.05(h) demonstrating compliance with the requirements of Section 6.07. Each Credit Event that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender shall be deemed to constitute a representation and warranty by the Company and each Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make Loans, and of the Issuing Banks to issue, increase or extend Letters of Credit, as part of each Credit Event that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender is subject to the satisfaction or waiver of the following conditions (which conditions, insofar as they apply to any Competitive Loan, may be waived by the Lender that is to make such Competitive Loan): (a) The representations and warranties of the Credit Parties set forth in Article III (other than those set forth in Sections 3.05, 3.06 and 3.12, but solely as such Section 3.12 relates to the EC Matter3.12(b)) shall be true and correct in all material respects on and as of the date of such Credit Event (except to the extent such representations and warranties by their terms relate to an earlier date, 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 Credit Event, no Default shall have occurred and be continuing. (c) With Subject to the final sentence of Section 6.07, with respect to any Credit Event following any Liquidity Determination Date, the Company Holdings shall have delivered the certificate required under Section 5.05(h5.05(i) demonstrating compliance with the requirements of Section 6.07. Each Credit Event that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender shall be deemed to constitute a representation and warranty by the Company Holdings and each Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make Loans, and of the Issuing Banks to issue, increase or extend Letters of Credit, as part of each Credit Event Loans that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender is subject to the satisfaction or waiver of the following conditions (which conditions, insofar as they apply to any Competitive Loan, may be waived by the Lender that is to make such Competitive Loan):: (a) The representations and warranties of the Credit Parties set forth in Article III (other than those set forth in Sections 3.05, 3.06 and 3.12, but solely as such Section 3.12 relates to the EC Matter) shall be true and correct in all material respects on and as of the date of such Credit Event Borrowing (except to the extent such representations and warranties by their terms relate to an earlier date, 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 Credit EventBorrowing, no Default shall have occurred and be continuing. (c) With respect to any Credit Event Borrowing following any Liquidity Determination Date, the Company shall have delivered the certificate required under Section 5.05(h) demonstrating compliance with the requirements of Section 6.07. (d) Each of the Five-Year Agreement and the Rabobank Agreement shall be in full force and effect and, at the time of and immediately after giving effect to any Borrowing hereunder, there shall be (i) no unused Commitments under and as defined in the Five-Year Agreement (other than undrawn commitments equal to the amount of all Swingline Loans (under and as defined in the Five-Year Agreement), if any, outstanding, but in no event greater than $30,000,000), and (ii) no Available Commitments under and as defined in the Rabobank Agreement. Each Credit Event Borrowing that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender shall be deemed to constitute a representation and warranty by the Company and each Borrower on the date thereof as to the matters specified in paragraphs (a), (b) and (bd) of this Section.

Each Borrowing. The obligation of each Lender to make Loans, and of the Issuing Banks to issue, increase or extend Letters of Credit, as part of each Credit Event that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender is subject to the satisfaction or waiver of the following conditions (which conditions, insofar as they apply to any Competitive Loan, may be waived by the Lender that is to make such Competitive Loan): (a) The representations and warranties of the Credit Parties set forth in Article III (other than those set forth in Sections 3.05, 3.06 3.05 and 3.12, but solely as such Section 3.12 relates to the EC Matter3.06) shall be true and correct in all material respects on and as of the date of such Credit Event (except to the extent such representations and warranties by their terms relate to an earlier date, 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 Credit Event, no Default shall have occurred and be continuing. (c) With respect to any Credit Event following any Liquidity Determination Date, the Company shall have delivered the certificate required under Section 5.05(h) demonstrating compliance with the requirements of Section 6.07. Each Credit Event that increases any Revolving Credit Exposure or the Competitive Loan Exposure of any Lender shall be deemed to constitute a representation and warranty by the Company Holdings and each Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section.