Common use of Each Extension of Credit Clause in Contracts

Each Extension of Credit. No Lender shall be required to fund its portion of any Advance (including, without limitation, the initial Advance hereunder), unless on the applicable Borrowing Date: (i) Prior to and after giving effect to such Advance there exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article 6 are true and correct in all material respects as of such Borrowing Date (except for (x) the representations and warranties set forth in Sections 6.04, 6.05 and 6.07, which representations and warranties shall be true and correct as of the respective dates specified therein, and (y) the representations and warranties set forth in Sections 6.06 and 6.12 solely as such representations and warranties relate to any Subsidiary acquired in connection with a Material Acquisition (including any Subsidiary of the target of such Material Acquisition) consummated within 30 days prior to the applicable Borrowing Date, which representations and warranties shall not required to be true and correct pursuant to this condition); (iii) All legal matters incident to the making of such Advance shall be reasonably satisfactory to the Lenders and their counsel; and (iv) The applicable Borrower shall have delivered the applicable notices described in Section 2.03(a). Each request for extension of credit hereunder shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 5.03(i) and (ii) have been satisfied.

Each Extension of Credit. No Lender shall be required to fund its portion of make any Advance (including, without limitation, the initial Advance hereunder)) nor shall the Issuing Lender be required to issue any Letter of Credit, unless on the applicable Borrowing Date: (i) Prior to and after giving effect to such Advance or issuance of such Letter of Credit there exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article 6 are true and correct in all material respects as of such Borrowing Date or date of issuance of any Letter of Credit (except for (x) the representations and warranties set forth in Sections 6.04, 6.05 and 6.07, which representations and warranties shall be true and correct as of the respective dates specified therein, and (y) the representations and warranties set forth in Sections 6.06 and 6.12 solely as such representations and warranties relate to any Subsidiary acquired in connection with a Material Acquisition (including any Subsidiary of the target of such Material Acquisition) consummated within 30 days prior to the applicable Borrowing Date, which representations and warranties shall not required to be true and correct pursuant to this condition); (iii) All legal matters incident to the making of such Advance or issuance of such Letter of Credit shall be reasonably satisfactory to the Lenders and their counsel; and (iv) The applicable Borrower shall have delivered the applicable notices described in Section 2.03(a), 2.04(b), 2.05(f) or 2.06(e). Each request for extension of credit hereunder shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 5.03(i) and (ii) have been satisfied.

Each Extension of Credit. No Lender shall be required to fund its portion of any Advance (including, without limitation, the initial Advance hereunder)) nor shall any Issuing Lender be required to issue any Letter of Credit, unless on the applicable Borrowing Date: (i) Prior to and after giving effect to such Advance or issuance of such Letter of Credit there exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article 6 are true and correct in all material respects as of such Borrowing Date or date of issuance of any Letter of Credit (except for (x) the representations and warranties set forth in Sections 6.04, 6.05 and 6.07, which representations and warranties shall be true and correct as of the respective dates specified therein, and (y) the representations and warranties set forth in Sections 6.06 and 6.12 solely as such representations and warranties relate to any Subsidiary acquired in connection with a Material Acquisition (including any Subsidiary of the target of such Material Acquisition) consummated within 30 days prior to the applicable Borrowing Date, which representations and warranties shall not be required to be true and correct pursuant to this condition); (iii) All legal matters incident to the making of such Advance shall be reasonably satisfactory to the Lenders and their counsel; and (iviii) The applicable Borrower shall have delivered the applicable notices described in Section 2.03(a) or 2.04(b). Each request for extension of credit hereunder shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 5.03(i) and (ii) have been satisfied.

Each Extension of Credit. No Lender shall be required to fund its portion of any Advance (including, without limitation, the initial Advance hereunder), unless on the applicable Borrowing Date: (i) Prior to and after giving effect to such Advance there exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article 6 are true and correct in all material respects as of such Borrowing Date (except for (x) the representations and warranties set forth in Sections 6.04, 6.05 and 6.07, which representations and warranties shall be true and correct as of the respective dates specified therein, and (y) the representations and warranties set forth in Sections 6.06 and 6.12 solely as such representations and warranties relate to any Subsidiary acquired in connection with a Material Acquisition (including any Subsidiary of the target of such Material Acquisition) consummated within 30 days prior to the applicable Borrowing Date, which representations and warranties shall not be required to be true and correct pursuant to this condition);; and (iii) All legal matters incident to the making of such Advance shall be reasonably satisfactory to the Lenders and their counsel; and (iv) The applicable Borrower Whirlpool shall have delivered the applicable notices described in Section 2.03(a). Each request for extension of credit hereunder shall constitute a representation and warranty by the applicable Borrower Whirlpool that the conditions contained in Sections 5.03(i) and (ii) have been satisfied.

Each Extension of Credit. No Lender shall be required to fund its portion of any Advance (including, without limitation, the initial Advance hereunder)) nor shall any Issuing Lender be required to issue any Letter of Credit, unless on the applicable Borrowing Date: (i) Prior to and after giving effect to such Advance or issuance of such Letter of Credit there exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article 6 are true and correct in all material respects as of such Borrowing Date or date of issuance of any Letter of Credit (except for (x) the representations and warranties set forth in Sections 6.04, 6.05 and 6.07, which representations and warranties shall be true and correct as of the respective dates specified therein, and (y) the representations and warranties set forth in Sections 6.06 and 6.12 solely as such representations and warranties relate to any Subsidiary acquired in connection with a Material Acquisition (including any Subsidiary of the target of such Material Acquisition) consummated within 30 days prior to the applicable Borrowing Date, which representations and warranties shall not required to be true and correct pursuant to this condition); (iii) All legal matters incident to the making of such Advance or issuance of such Letter of Credit shall be reasonably satisfactory to the Lenders and their counsel; and (iv) The applicable Borrower shall have delivered the applicable notices described in Section 2.03(a) or 2.04(b). Each request for extension of credit hereunder shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 5.03(i) and (ii) have been satisfied.