Common use of Initial and Subsequent Loans Clause in Contracts

Initial and Subsequent Loans. The obligation of each Lender or any applicable Issuer to make any Loan (including, without limitation, its initial Loan) to be made by it hereunder (excluding conversions of Loans to Alternate Base Rate Loans, as to which no conditions precedent shall exist) or to issue or participate in any Letter of Credit is subject to the additional conditions precedent that (i) Administrative Agent shall have received a Request for Extension of Credit and such other certifications as Administrative Agent may reasonably require, (ii) in the case of Competitive Loans, the Company shall have complied with the provisions of Section 2.9 hereof and (iii) as of the date of such Loan or such issuance, and after giving effect thereto: (a) no Default shall have occurred and be continuing; (b) except for facts timely disclosed to Administrative Agent from time to time in writing, which facts (i) are not materially more adverse to the Company and its Subsidiaries or any other Obligor, (ii) do not materially decrease the ability of the Lenders to collect the Obligations as and when due and payable and (iii) do not materially increase the liability of any Agent or any of the Lenders, in each case compared to those facts existing on the Effective Date and the material details of which have been set forth in the Financial Statements delivered to Administrative Agent prior to the Effective Date or in the Disclosure Statement, and except for the representations set forth in the Loan Documents which, by their terms, are expressly (or by means of similar phrasing) made as of the Effective Date or as of the date hereof, as the case may be, only, the representations and warranties made in each Loan Document shall be true and correct in all material respects on and as of the date of the making of such Loan or such issuance, with the same force and effect as if made on and as of such date; (c) the making of such Loan or the issuance of such Letter of Credit shall not violate any Legal Requirement applicable to any Lender; and (d) no event or condition shall have occurred since the Effective Date which reasonably could be expected to result in a Material Adverse Effect. Each Request for Extension of Credit by the Company hereunder or request for issuance of a Letter of Credit shall include a representation and warranty by the Company to the effect set forth in Sections 7.2(a) and (b) (both as of the date of such notice and, unless the Company otherwise notifies Administrative Agent prior to the date of such borrowing or issuance, as of the date of such borrowing or issuance).

Initial and Subsequent Loans. The obligation of each any Lender or any applicable Issuer to make any Loan (including, without limitation, its initial including any Money Market Loan) to be made by it a Borrower upon the occasion of each borrowing hereunder (excluding conversions of Loans to Alternate Base Rate Loans, as to which no conditions precedent shall exist) or to issue or participate in any Letter of Credit is subject to the additional further conditions precedent that that: (i) Administrative Agent shall have received a Request for Extension of Credit and such other certifications as Administrative Agent may reasonably require, (iia) in the case of Competitive Loansa Syndicated Loan, the Company applicable Borrower shall have complied with given notice of such borrowing by delivery of a Notice of Borrowing in substantially the provisions form of Section 2.9 hereof and Exhibit D hereto to the Administrative Agent; (iiib) as in the case of a Money Market Loan, the date applicable Borrower shall have requested that the Lenders make offers to make Money Market Loans by delivery of a Money Market Quote Request in substantially the form of Exhibit E hereto to the Administrative Agent; and (c) both immediately prior to the making of such Loan or such issuance, and also after giving effect theretothereto and to the intended use thereof, but only if such borrowing will increase the aggregate outstanding principal amount of the Loans owing by such Borrower to any Lender hereunder: (ai) no Default shall have occurred and be continuing;; and (b) except for facts timely disclosed to Administrative Agent from time to time in writing, which facts (i) are not materially more adverse to the Company and its Subsidiaries or any other Obligor, (ii) do not materially decrease the ability representations and warranties (x) made by such Borrower in Section 7 hereof (other than the Excluded Representations) or, if such borrowing will increase the outstanding aggregate principal amount of the Lenders to collect the Obligations as and when due and payable and (iii) do not materially increase the liability of any Agent or any of the Lenders, in each case compared to those facts existing on the Effective Date and the material details of which have been set forth in the Financial Statements delivered to Administrative Agent prior to the Effective Date or in the Disclosure Statement, and except for the representations set forth in the Loan Documents which, by their terms, are expressly (or by means of similar phrasing) made as of the Effective Date or as of the date hereof, as the case may be, onlyLoans, the representations and warranties made by each Borrower in each Loan Document Section 7 hereof (other than the Excluded Representations), and (y) in the case of a borrowing by FSB or COBE, by COB (other than the Excluded Representations) shall be true and correct complete in all material respects on and as of the date of the making of such Loan or such issuance, with the same force and effect as if made on and as of such date; date (c) the making of or, if any such Loan representation or the issuance of such Letter of Credit shall not violate any Legal Requirement applicable warranty is expressly stated to any Lender; and (d) no event or condition shall have occurred since the Effective Date which reasonably could be expected to result in a Material Adverse Effect. Each Request for Extension of Credit by the Company hereunder or request for issuance been made as of a Letter of Credit shall include a representation and warranty by the Company to the effect set forth in Sections 7.2(a) and (b) (both as of the date of such notice and, unless the Company otherwise notifies Administrative Agent prior to the date of such borrowing or issuancespecific date, as of the date of such borrowing or issuancespecific date).

Initial and Subsequent Loans. The obligation of each any Lender or any applicable Issuer to make any Loan (including, without limitation, its initial including any Money Market Loan) to be made by it a Borrower upon the occasion of each borrowing hereunder (excluding conversions of Loans to Alternate Base Rate Loans, as to which no conditions precedent shall exist) or to issue or participate in any Letter of Credit is subject to the additional further conditions precedent that that: (i) Administrative Agent shall have received a Request for Extension of Credit and such other certifications as Administrative Agent may reasonably require, (iia) in the case of Competitive Loansa Syndicated Loan, the Company Applicable Borrower shall have complied with the provisions of Section 2.9 hereof and (iii) as of the date given notice of such Loan or such issuance, and after giving effect thereto: (a) no Default shall have occurred and be continuingborrowing by delivery of a Notice of Borrowing in substantially the form of Exhibit D hereto to the Administrative Agent; (b) except for facts timely disclosed in the case of a Money Market Loan, the Applicable Borrower shall have requested that the Lenders make offers to Administrative Agent from time to time make Money Market Loans by delivery of a Money Market Quote Request in writing, which facts (i) are not materially more adverse substantially the form of Exhibit E hereto to the Company Administrative Agent; and (c) both immediately prior to the making of such Loan and its Subsidiaries or also after giving effect thereto and to the intended use thereof, but only if such borrowing will increase the outstanding aggregate principal amount of the Loans under any other Obligor, Tranche owing by such Borrower to any Lender hereunder: (ii) do not materially decrease the ability of the Lenders to collect the Obligations as and when due and payable and (iii) do not materially increase the liability of any Agent or any of the Lenders, in each case compared to those facts existing on the Effective Date and the material details of which have been set forth in the Financial Statements delivered to Administrative Agent prior to the Effective Date or in the Disclosure Statement, and except for the representations set forth in the Loan Documents which, by their terms, are expressly (or by means of similar phrasing) made as of the Effective Date or as of the date hereof, as the case may be, only, the representations and warranties made by such Borrower in Section 7 hereof (other than the Excluded Representations, but, if such borrowing will increase the outstanding aggregate principal amount of the Loans under any Tranche owing by COFC to any Lender hereunder, including the representations and warranties made by each Loan Document Borrower in Section 7 hereof, other than the Excluded Representations) shall be true and correct in all material respects complete on and as of the date of the making of such Loan or such issuance, with the same force and effect as if made on and as of such date; date (c) the making of or, if any such Loan representation or the issuance of such Letter of Credit shall not violate any Legal Requirement applicable warranty is expressly stated to any Lender; and (d) no event or condition shall have occurred since the Effective Date which reasonably could be expected to result in a Material Adverse Effect. Each Request for Extension of Credit by the Company hereunder or request for issuance been made as of a Letter of Credit shall include a representation and warranty by the Company to the effect set forth in Sections 7.2(a) and (b) (both as of the date of such notice and, unless the Company otherwise notifies Administrative Agent prior to the date of such borrowing or issuancespecific date, as of the date of such borrowing or issuancespecific date).

Initial and Subsequent Loans. The obligation of each any Lender or any applicable Issuer to make any Loan (including, without limitation, its initial including any Money Market Loan) to be made by it a Borrower upon the occasion of each borrowing hereunder (excluding conversions of Loans to Alternate Base Rate Loans, as to which no conditions precedent shall exist) or to issue or participate in any Letter of Credit is subject to the additional further conditions precedent that that: (i) Administrative Agent shall have received a Request for Extension of Credit and such other certifications as Administrative Agent may reasonably require, (iia) in the case of Competitive Loansa Syndicated Loan, the Company applicable Borrower shall have complied with given notice of such borrowing by delivery of a Notice of Borrowing in substantially the provisions form of Section 2.9 hereof and Exhibit D hereto to the Administrative Agent; (iiib) as in the case of a Money Market Loan, the date applicable Borrower shall have requested that the Lenders make offers to make Money Market Loans by delivery of a Money Market Quote Request in substantially the form of Exhibit E hereto to the Administrative Agent; and (c) both immediately prior to the making of such Loan or such issuance, and also after giving effect theretothereto and to the intended use thereof, but only if such borrowing will increase the aggregate outstanding principal amount of the Loans owing by such Borrower to any Lender hereunder: (ai) no Default shall have occurred and be continuing;; and (b) except for facts timely disclosed to Administrative Agent from time to time in writing, which facts (i) are not materially more adverse to the Company and its Subsidiaries or any other Obligor, (ii) do not materially decrease the ability of the Lenders to collect the Obligations as and when due and payable and (iii) do not materially increase the liability of any Agent or any of the Lenders, in each case compared to those facts existing on the Effective Date and the material details of which have been set forth in the Financial Statements delivered to Administrative Agent prior to the Effective Date or in the Disclosure Statement, and except for the representations set forth in the Loan Documents which, by their terms, are expressly (or by means of similar phrasing) made as of the Effective Date or as of the date hereof, as the case may be, only, the representations and warranties made by such Borrower in Section 7 hereof (other than the Excluded Representations, but, if such borrowing will increase the outstanding aggregate principal amount of the Loans owing by COFC to any Lender hereunder, including the representations and warranties made by each Loan Document Borrower in Section 7 hereof, other than the Excluded Representations) shall be true and correct in all material respects complete on and as of the date of the making of such Loan or such issuance, with the same force and effect as if made on and as of such date; date (c) the making of or, if any such Loan representation or the issuance of such Letter of Credit shall not violate any Legal Requirement applicable warranty is expressly stated to any Lender; and (d) no event or condition shall have occurred since the Effective Date which reasonably could be expected to result in a Material Adverse Effect. Each Request for Extension of Credit by the Company hereunder or request for issuance been made as of a Letter of Credit shall include a representation and warranty by the Company to the effect set forth in Sections 7.2(a) and (b) (both as of the date of such notice and, unless the Company otherwise notifies Administrative Agent prior to the date of such borrowing or issuancespecific date, as of the date of such borrowing or issuancespecific date).

Initial and Subsequent Loans. The obligation of each any Lender or any applicable Issuer to ---------------------------- make any Loan (including, without limitation, its initial including any Money Market Loan) to be made by it a Borrower upon the occasion of each borrowing hereunder (excluding conversions of Loans to Alternate Base Rate Loans, as to which no conditions precedent shall exist) or to issue or participate in any Letter of Credit is subject to the additional further conditions precedent that that: (i) Administrative Agent shall have received a Request for Extension of Credit and such other certifications as Administrative Agent may reasonably require, (iia) in the case of Competitive Loansa Syndicated Loan, the Company Applicable Borrower shall have complied with given notice of such borrowing by delivery of a Notice of Borrowing in substantially the provisions form of Section 2.9 hereof and Exhibit D hereto to the Administrative Agent; (iiib) as in the case of a Money Market Loan, the date Applicable Borrower shall have requested that the Lenders make offers to make Money Market Loans by delivery of a Money Market Quote Request in substantially the form of Exhibit E hereto to the Administrative Agent; and (c) both immediately prior to the making of such Loan or such issuance, and also after giving effect theretothereto and to the intended use thereof, but only if such borrowing will increase the outstanding aggregate principal amount of the Loans under any Tranche owing by such Borrower to any Lender hereunder: (ai) no Default shall have occurred and be continuing;; and (b) except for facts timely disclosed to Administrative Agent from time to time in writing, which facts (i) are not materially more adverse to the Company and its Subsidiaries or any other Obligor, (ii) do not materially decrease the ability of the Lenders to collect the Obligations as and when due and payable and (iii) do not materially increase the liability of any Agent or any of the Lenders, in each case compared to those facts existing on the Effective Date and the material details of which have been set forth in the Financial Statements delivered to Administrative Agent prior to the Effective Date or in the Disclosure Statement, and except for the representations set forth in the Loan Documents which, by their terms, are expressly (or by means of similar phrasing) made as of the Effective Date or as of the date hereof, as the case may be, only, the representations and warranties made by such Borrower in Section 7 hereof (other than the Excluded Representations, but, if such borrowing will increase the outstanding aggregate principal amount of the Loans under any Tranche owing by COFC to any Lender hereunder, including the representations and warranties made by each Loan Document Borrower in Section 7 hereof, other than the Excluded Representations) shall be true and correct in all material respects complete on and as of the date of the making of such Loan or such issuance, with the same force and effect as if made on and as of such date; date (c) the making of or, if any such Loan representation or the issuance of such Letter of Credit shall not violate any Legal Requirement applicable warranty is expressly stated to any Lender; and (d) no event or condition shall have occurred since the Effective Date which reasonably could be expected to result in a Material Adverse Effect. Each Request for Extension of Credit by the Company hereunder or request for issuance been made as of a Letter of Credit shall include a representation and warranty by the Company to the effect set forth in Sections 7.2(a) and (b) (both as of the date of such notice and, unless the Company otherwise notifies Administrative Agent prior to the date of such borrowing or issuancespecific date, as of the date of such borrowing or issuancespecific date).