Common use of Initial and Subsequent Loans Clause in Contracts

Initial and Subsequent Loans. The obligation of any Bank or Issuing Lender to make a Loan (including any such Bank’s initial Loan), and of any Issuing Lender to issue, amend, renew or extend any Letter of Credit (each of the foregoing, a “Credit Event”) is subject to the conditions precedent that, both immediately prior to such Credit Event and also after giving effect thereto and to the intended use thereof: (a) no Default or Event of Default shall have occurred and be continuing; (b) the representations and warranties made by the Company in Section 7 hereof (in the case of any Credit Event after the Effective Date, other than (i) the last sentence of Section 7.02 hereof, (ii) Section 7.03 hereof, (iii) Section 7.08 hereof and (iv) Section 7.11 hereof) shall be true and complete in all material respects on and as of the date of such Credit Event with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date) ; provided that any such representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects to the extent so qualified; and (c) no Change of Control shall have occurred; Each notice of borrowing or request for the issuance or amendment of a Letter of Credit by the Company hereunder shall constitute a certification by the Company to the effect set forth in the preceding sentence (both as of the date of such notice and as of the date of such Credit Event). Without limiting the provisions of Section 2.10 hereof, Continuations and Conversions of Loans shall not be subject to this Section 6.02.

Initial and Subsequent Loans. The obligation of any Bank or Issuing Lender to make a any Loan (including any Money Market Loan and such Bank’s initial Syndicated Loan)) to the Borrowers upon the occasion of each borrowing hereunder, and or of any Issuing Lender Bank to issue, amend, renew or extend any Letter of Credit (each of the foregoingCredit, a “Credit Event”) is subject to the further conditions precedent that, both immediately prior to the making of such Credit Event Loan or the issuance, amendment, renewal or extension of such Letter of Credit, as the case may be, and also after giving effect thereto and to the intended use thereof: : (a) no Default or Event of Default shall have occurred and be continuing; ; (b) the representations and warranties made by the Company and each other Borrower (if any) in Section 7 hereof and (in the case of any Credit Event each Subsidiary Borrower, if any) in the Subsidiary Borrower Designation to which it is a party (other than, after the Effective Date, other than (i) the last sentence of Section 7.02 hereof, hereof and (ii) Section 7.03 hereof, (iii) Section 7.08 hereof and (iv) Section 7.11 hereof) shall be true and complete in all material respects on and as of the date of the making of such Credit Event Loan or the issuance, amendment, renewal or extension of such Letter of Credit, as the case may be, with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date) ); provided that any such representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects to the extent so qualified; and (c) no Change during the 25-month period ending on the date of Control shall have occurred; Each notice of borrowing such Loan or request for the issuance such issuance, amendment, renewal or amendment extension of a Letter of Credit by Credit, as the Company hereunder shall constitute a certification by the Company to the effect set forth in the preceding sentence (both as of the date of such notice and as of the date of such Credit Event). Without limiting the provisions of Section 2.10 hereofcase may be, Continuations and Conversions of Loans there shall not be subject to this Section 6.02.have

Initial and Subsequent Loans. The obligation of any Bank or Issuing Lender to make a Loan (including any such Bank’s initial Loan), and of any Issuing Lender to issue, amend, renew or extend any Letter of Credit (each of the foregoing, a “Credit Event”) is subject to the conditions precedent that, both immediately prior to such Credit Event and also after giving effect thereto and to the intended use thereof: (a) no Default or Event of Default shall have occurred and be continuing; (b) the representations and warranties made by the Company in Section 7 hereof (in the case of any Credit Event after the Effective Date, other than (i) the last sentence of Section 7.02 hereof, (ii) Section 7.03 hereof, (iii) Section 7.08 hereof and (iv) Section 7.11 hereof) shall be true and complete in all material respects on and as of the date of such Credit Event with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date) ; provided that any such representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects to the extent so qualifiedrespects; and (c) no Change of Control shall have occurred; Each notice of borrowing or request for the issuance or amendment of a Letter of Credit by the Company hereunder shall constitute a certification by the Company to the effect set forth in the preceding sentence (both as of the date of such notice and as of the date of such Credit Event). Without limiting the provisions of Section 2.10 hereof, Continuations and Conversions of Loans shall not be subject to this Section 6.02.