Common use of Each Loan Clause in Contracts

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e), 2.9.2(f), and 2.9.3(d), no Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at the time of and immediately after giving effect to such Advance or Loan, no Default or Unmatured Default shall have occurred and be continuing; and (ii) the representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except for representations and warranties made with reference solely to an earlier date, which representations and warranties shall be true and correct as of such earlier date; provided, that the representations set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Loan or Advance.

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e), 2.9.2(f), and 2.9.3(d), no No Lender shall be required to make any Loan (including the Term Loan, if any) unless on the applicable Borrowing Date: (i) at the time of and immediately after giving effect to such Advance or Loan, there exists no Default or Unmatured Default shall have occurred and be continuingDefault; and (ii) the representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except for representations and warranties made with reference solely to an earlier date, which representations and warranties shall be true and correct as of such earlier date; provided, that the representations set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date (excluding, for the avoidance of doubt, consummation of the conversion to the Term Loan pursuant to Section 2.2) and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Loan or Advance.

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e), ) 2.9.2(f), and 2.9.3(d), no Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at the time of and immediately after giving effect to such Advance or Loan, there exists no Default or Unmatured Default shall have occurred and be continuingDefault; and (ii) the representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except for representations and warranties made with reference solely to an earlier date, which representations and warranties shall be true and correct as of such earlier date; provided, that the representations representation set forth in Sections 5.1.6 and 5.1.7 Section 5.5 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Loan or Advance.

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e2.9.2(d), 2.9.2(f), and 2.9.3(d), no Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at the time of and immediately after giving effect to such Advance or Loan, there exists no Default or Unmatured Default shall have occurred and be continuingDefault; and (ii) the representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except for representations and warranties made with reference solely to an earlier date, which representations and warranties shall be true and correct as of such earlier date; provided, that the representations set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Loan or Advance.

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e), 2.9.2(f), and 2.9.3(d), no Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at At the time of any Credit Extension and immediately after giving effect to such Advance or Loan, no Default or Unmatured Default shall have occurred and be continuing; and the proposed Credit Extension: (iia) (i) the representations and warranties contained of the Loan Parties set forth in Article V of this Agreement and in the other Loan Documents shall then be true and correct, except such representations and warranties that are not qualified by reference to materiality or a Material Adverse Change shall then be true and correct in all material respects as of such Borrowing Date, date (except for representations any such representation and warranties warranty that by its terms is made with reference solely to only as of an earlier date, which representations representation and warranties warranty shall be remain true and correct in all material respects as of such earlier date; provided), that (ii) no Event of Default or Default shall have occurred and be continuing, and (iii) the representations Borrower shall have delivered a duly executed and completed Loan Request to the Administrative Agent for each Loan requested to be made pursuant to Sections 2.1(b), 2.1(e), 2.2(b), 2.3(b) and 2.4(b), as the case may be and (b) with respect to any Credit Extension consisting of Incremental Term Loans, the Borrower shall have complied with all conditions set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Incremental Term Loan or AdvanceFunding Agreement.

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e), 2.9.2(f), and 2.9.3(d), no No Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at the time of and immediately after giving effect to such Advance or Loan, there exists no Default or Unmatured Default shall have occurred and be continuingDefault; and (ii) the representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except for representations and warranties made with reference solely to an earlier date, which representations and warranties shall be true and correct as of such earlier date; provided, that the representations set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Loan or Advance.

Each Loan. Except as expressly provided in Sections 2.2(E2.2(E),2.9.1(d), 2.9.1(d), 2.9.2(e2.9.2(d), 2.9.2(f), and 2.9.3(d), no Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at the time of and immediately after giving effect to such Advance or Loan, there exists no Default or Unmatured Default shall have occurred and be continuingDefault; and (ii) the representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except for representations and warranties made with reference solely to an earlier date, which representations and warranties shall be true and correct as of such earlier date; provided, that the representations set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Loan or Advance.

Each Loan. Except as expressly provided in Sections 2.2(E), 2.9.1(d), 2.9.2(e), 2.9.2(f), and 2.9.3(d), no Lender shall be required to make any Loan unless on the applicable Borrowing Date: (i) at At the time of any Credit Extension and immediately after giving effect to such Advance or Loan, no Default or Unmatured Default shall have occurred and be continuing; and the proposed Credit Extension: (iia) (i) the representations and warranties contained of the Loan Parties set forth in Article V of this Agreement and in the other Loan Documents shall then be true and correct, except such representations and warranties that are not qualified by reference to materiality or a Material Adverse Change shall then be true and correct in all material respects as of such Borrowing Date, date (except for representations any such representation and warranties warranty that by its terms is made with reference solely to only as of an earlier date, which representations representation and warranties warranty shall be remain true and correct in all material respects as of such earlier date; provided), that (ii) no Event of Default or Default shall have occurred and be continuing, and (iii) the representations Borrower shall have delivered a duly executed and completed Loan Request to the Administrative Agent for each Loan requested to be made pursuant to Sections 2.1(b), 2.1(e), 2.2(b) and 2.3(b), as the case may be and (b) with respect to any Credit Extension consisting of Incremental Term Loans, the Borrower shall have complied with all conditions set forth in Sections 5.1.6 and 5.1.7 shall be deemed to be made only (1) on and as of the Closing Date, (2) on and as of each date (if any) on which the Lenders agree to extend the Termination Date and (3) on and as of the effective date of any increase in the Commitments (if any). Each Borrowing Notice with respect to each Loan or Advance shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(i) and (ii) will have been satisfied as of the date of such Incremental Term Loan or AdvanceFunding Agreement.