Common use of Initial and Subsequent Loans and Letters of Credit Clause in Contracts

Initial and Subsequent Loans and Letters of Credit. The obligation of the Lenders to make Loans to the Borrower upon the occasion of each borrowing hereunder and to issue, renew, extend or reissue Letters of Credit for the account of the Borrower (including the Initial Funding) is subject to the further conditions precedent that, as of the date of such Loans and after giving effect thereto: (i) no Default shall have occurred and be continuing; (ii) no Material Adverse Effect shall have occurred; and (iii) the representations and warranties made by the Borrower in Article VII and in the Security Instruments shall be true on and as of the date of the making of such Loans or issuance, renewal, extension or reissuance of a Letter of Credit with the same force and effect as if made on and as of such date and following such new borrowing, except to the extent such representations and warranties are expressly limited to an earlier date or the Majority Lenders may expressly consent in writing to the contrary. Each request for a borrowing or issuance, renewal, extension or reissuance of a Letter of Credit by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice and, unless the Borrower otherwise notifies the Agent prior to the date of and immediately following such borrowing or issuance, renewal, extension or reissuance of a Letter of Credit as of the date thereof).

Initial and Subsequent Loans and Letters of Credit. The obligation of the Lenders to make any Loans or issue any Letters of Credit to the Borrower upon the occasion of each borrowing hereunder and to issue, renew, extend or reissue Letters of Credit for the account of the Borrower (including the Initial FundingFunding and any continuation and conversion under Section 2.02(d) or (e)) is subject to the further conditions precedent that, as of the date of such Loans and after giving effect thereto: (ia) no Default shall have occurred and be continuing; (iib) no Material Adverse Effect shall have occurred; and (iiic) the representations and warranties made by the Borrower in Article VII and in the Security Instruments shall be true on and as of the date of the making of such Loans or issuance, renewal, extension or reissuance the issuance of a any Letter of Credit with the same force and effect as if made on and as of such date and following such new borrowing, except to (I) the extent such representations and warranties are expressly limited to an earlier date or date, (II) the Majority Lenders may expressly consent in writing to the contrarycontrary and (III) provided, that with respect to a new Loan or Letter of Credit pursuant to a continuation or conversion under Section 2.02(d) or (e), it shall not be a condition precedent to such Loan that Section 7.02 or 7.03 be true and correct as of the date of such Loan or Letter of Credit. Each request for a borrowing or issuance, renewal, extension or reissuance of a Letter of Credit and each Issuance Request by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of and immediately following such borrowing or issuance, renewal, extension or reissuance issuance of a Letter of Credit as of the date thereof).

Initial and Subsequent Loans and Letters of Credit. The obligation of the Lenders to make Loans to the Borrower upon the occasion of each borrowing hereunder and to issue, renew, extend or reissue Letters of Credit or Distribution LC for the account of the Borrower (including the Initial Funding) is subject to the further conditions precedent that, as of the date of such Loans and after giving effect thereto: (i) no Default shall have occurred and be continuing; (ii) no Material Adverse Effect shall have occurred; and (iii) the representations and warranties made by the Borrower in Article VII and in the Security Instruments shall be true on and as of the date of the making of such Loans or issuance, renewal, extension or reissuance of a Letter of Credit or Distribution LC with the same force and effect as if made on and as of such date and following such new borrowing, except to the extent such representations and warranties are expressly limited to an earlier date or the Majority Lenders may expressly consent in writing to the contrary. Each request for a borrowing or issuance, renewal, extension or reissuance of a Letter of Credit or Distribution LC by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice and, unless the Borrower otherwise notifies the Agent prior to the date of and immediately following such borrowing or issuance, renewal, extension or reissuance of a Letter of Credit or Distribution LC as of the date thereof).

Initial and Subsequent Loans and Letters of Credit. The obligation of the Lenders to make any Loans or issue any Letters of Credit to the Borrower upon the occasion of each borrowing hereunder and to issue, renew, extend or reissue Letters of Credit for the account of the Borrower (including the Initial FundingFunding and any continuation and conversion under Section 2.02(d) or (e)) is subject to the further conditions precedent that, as of the date of such Loans and after giving effect thereto: (ia) no Default shall have occurred and be continuing; (iib) no Material Adverse Effect shall have occurred; and (iiic) the representations and warranties made by the Borrower in Article VII and in the Security Instruments shall be true and correct on and as of the date of the making of such Loans or issuance, renewal, extension or reissuance the issuance of a any Letter of Credit with the same force and effect as if made on and as of such date and following such new borrowing, except to (I) the extent such representations and warranties are expressly limited to an earlier date or date, (II) the Majority Lenders may expressly consent in writing to the contrarycontrary and (III) provided, that with respect to a new Loan or Letter of Credit pursuant to a continuation or conversion under Section 2.02(d) or (e), it shall not be a condition precedent to such Loan that Section 7.02 or 7.03 be true and correct as of the date of such Loan or Letter of Credit. Each request for a borrowing or issuance, renewal, extension or reissuance of a Letter of Credit and each Issuance Request by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of and immediately following such borrowing or issuance, renewal, extension or reissuance issuance of a Letter of Credit as of the date thereof).

Initial and Subsequent Loans and Letters of Credit. The obligation of the Lenders to make Loans to the Borrower upon the occasion of each borrowing hereunder and to issue, renew, extend or reissue Letters of Credit for the account of the Borrower (including the Initial Funding) is subject to the further conditions precedent that, as of the date of such Loans and after giving effect thereto: (i) no Default shall have occurred and be continuing; (ii) no Material Adverse Effect shall have occurred; and (iii) the representations and warranties made by the Borrower in Article VII and in the Security Instruments shall be true on and as of the date of the making of such Loans or issuance, renewal, extension or reissuance of a Letter of Credit with the same force and effect as if made on and as of such date and following such new borrowing, except to the extent such representations and warranties are expressly limited to an earlier date date, or are untrue because of an event not prohibited hereby, or the Majority Lenders may expressly consent in writing to the contrary. Each request for a borrowing or issuance, renewal, extension or reissuance of a Letter of Credit by the Borrower hereunder shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of such notice and, unless the Borrower otherwise notifies the Agent prior to the date of and immediately following such borrowing or issuance, renewal, extension or reissuance of a Letter of Credit as of the date thereof).