Common use of Initial and Subsequent Loans Clause in Contracts

Initial and Subsequent Loans. The obligation of the Lenders to make any Loans to the Borrower upon the occasion of each borrowing hereunder (including the Initial Funding 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: (a) no Default shall have occurred and be continuing; (b) no Material Adverse Effect shall have occurred; and (c) the representations and warranties made by the Borrower in Article VII shall be true on and as of the date of the making of such Loans 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, (II) the Majority Lenders expressly consent in writing to the contrary and (III) provided, that with respect to a new Loan 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. Each request for a borrowing 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 as of the date thereof).

Initial and Subsequent Loans. The obligation of the Lenders Lender to make any 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 and any continuation and conversion under Section 2.02(d) or (e)Funding) is subject to the further conditions precedent that, as of the date of such Loans and after giving effect thereto: (ai) no Default shall have occurred and be continuing; (bii) no Material Adverse Effect shall have occurred; and (ciii) 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 (I) the extent such representations and warranties are expressly limited to an earlier date, (II) date or the Majority Lenders Lender may expressly consent in writing to the contrary and (III) provided, that with respect to a new Loan 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 Loancontrary. 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 Administrative Agent Lender prior to the date of and immediately following such borrowing as of the date thereof).

Initial and Subsequent Loans. The obligation of the Lenders Bank to make any Loans to the Borrower upon the occasion of each borrowing hereunder (including the Initial Funding initial borrowing) and any continuation and conversion under Section 2.02(d) or (e)) to issue Letters of Credit upon the occasion of each issuance of a Letter of Credit is subject to the further conditions precedent that, as of the date of such Loans (or issuance) and after giving effect thereto: (a) no Event of Default (or event which could become an Event of Default after the giving of notice and/or the passage of time) shall have occurred and be continuing; (b) no Material Adverse Effect shall have occurred; and (c) the representations and warranties made by the Borrower in Article VII 3 hereof shall be true in all material respects on and as of the date of the making of such Loans 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 relate to an the date hereof or any specified earlier date, ); and (IIc) the Majority Lenders expressly consent in writing all legal matters incident to the contrary and (III) provided, that with respect Loans shall be reasonably satisfactory to a new Loan pursuant counsel 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 LoanBank. Each request for a notice of borrowing by the Borrower hereunder shall constitute include a certification and representation by the Borrower to the effect set forth in clauses (a) and (b) of the immediately preceding sentence (both as of the date of such notice and, unless the Borrower otherwise notifies the Administrative Agent Bank prior to the date of and immediately following such borrowing borrowing, as of the date thereofof such borrowing).

Initial and Subsequent Loans. The obligation of the Lenders any Bank to make any Loans Loan (including such Bank’s initial Loan) to the Borrower Company upon the occasion of each borrowing hereunder (including the Initial Funding and any continuation and conversion under Section 2.02(d) or (e)) is subject to the further conditions precedent that, as of both immediately prior to the date making of such Loans Loan and also after giving effect thereto: thereto and to the intended use thereof: (a) no Default or Event of Default shall have occurred and be continuing; ; (b) no Material Adverse Effect shall have occurred; and (c) the representations and warranties made by the Borrower Company in Article VII Section 7 hereof (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 the making of such Loans Loan with the same force and effect as if made on and as of such date and following (or, if any such new borrowing, except representation or warranty is expressly stated to (I) the extent such representations and warranties are expressly limited to an earlier have been made as of a specific date, (II) the Majority Lenders expressly consent in writing to the contrary and (III) provided, that with respect to a new Loan 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 such specific date); and (c) no Change of such LoanControl shall have occurred. Each request for a notice of borrowing by the Borrower Company hereunder shall constitute a certification by the Borrower Company 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 as of the date thereofof such borrowing). Without limiting the provisions of Section 2.09 hereof, Continuations and Conversions of Loans shall not be subject to this Section 6.02.