Common use of Use of Proceeds; Use of Letters of Credit Clause in Contracts

Use of Proceeds; Use of Letters of Credit. (a) No Credit Party shall, nor shall it permit any of its Subsidiaries to: (a) use the proceeds of the Revolving Advances for any purposes other than (i) to refinance or repay the advances and other obligations outstanding under the Existing Credit Agreements or any other Debt outstanding on the Closing Date, (ii) for the payment of fees and expenses related to the Transactions, (iii) for working capital purposes of the Borrower and any Subsidiary, (iv) to fund the Closing Date Acquisition, and (v) for other general corporate purposes of the Borrower and any Subsidiary, including Permitted Acquisitions; or (b) use the proceeds of the Swingline Advances or the Letters of Credit for any purposes other than (i) working capital purposes of the Borrower and any Subsidiary or (ii) other general corporate purposes of the Borrower and any Subsidiary. No Credit Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, use any part of the proceeds of Advances or Letters of Credit for any purpose which violates, or is inconsistent with, Regulations T, U, or X. (b) No proceeds of any Advance or Letter of Credit shall be, directly or indirectly, used in any manner that could, after giving effect to such use, prevent the Borrower from making the representations and warranties provided in Section 4.19. No part of the proceeds of the Advances shall be used, directly or, to the Borrower’s knowledge, indirectly, in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of the FCPA or any other applicable Anti-Corruption Law. The Credit Parties shall not, directly or, to the Borrower’s knowledge, indirectly, use the proceeds of the Advances, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or (ii) in any other manner that would result in a violation of Sanctions by any party.

Use of Proceeds; Use of Letters of Credit. (a) No Credit Party shall, nor shall it permit any of its Subsidiaries to: (a) use the proceeds of the Revolving Advances for any purposes other than (i) to refinance or repay continue the advances and other obligations obligations, including without limitation the Existing Letters of Credit, outstanding under the Existing Credit Agreements or any other Debt outstanding on the Closing DateAgreement as provided herein, (ii) for the payment of fees and expenses related to the entering into of Transactions, (iii) for working capital purposes of the Borrower and any Restricted Subsidiary, or (iv) to fund the Closing Date Acquisition, and (v) for other general corporate purposes of the Borrower and any Restricted Subsidiary, including Permitted AcquisitionsAcquisitions and permitted Restricted Payments; or (b) use the proceeds of the Swingline Swing Line Advances or the Letters of Credit for any purposes other than (i) working capital purposes of the Borrower and any Restricted Subsidiary or (ii) other general corporate purposes of the Borrower and any Restricted Subsidiary. No Credit Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, use any part of the proceeds of Advances or Letters of Credit for any purpose which violates, or is inconsistent with, Regulations T, U, or X. (b) No X. The Borrower shall not request any Borrowing or Letter of Credit, and the Borrower shall not use, shall cause its Subsidiaries and its and their respective officers and employees to not use, and shall use commercially reasonable efforts to cause its or their respective directors and agents to not use, the proceeds of any Advance Borrowing or Letter of Credit shall be, directly or indirectly, used in any manner that could, after giving effect to such use, prevent the Borrower from making the representations and warranties provided in Section 4.19. No part of the proceeds of the Advances shall be used, directly or, to the Borrower’s knowledge, indirectly, (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of the FCPA or any other applicable Anti-Corruption Law. The Credit Parties shall not, directly or, to the Borrower’s knowledge, indirectly, use the proceeds of the Advances, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other PersonLaws, (iB) to fund for the purpose of funding, financing or facilitating any activities activities, business or business transaction of or with any Sanctioned Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of SanctionsSanctioned Country, or (iiC) in any other manner that would result in a the violation of any Sanctions by applicable to any partyparty hereto.