Common use of Credit Events Clause in Contracts

Credit Events. The obligation of any Lender to make a Loan on the occasion of any Borrowing and of the LC Bank to issue a Letter of Credit (or to permit the extension of an Evergreen Letter of Credit) on the occasion of a request therefor by the Borrower is subject to the satisfaction of the following conditions: (a) receipt (i) by the Agent of a Notice of Borrowing as required by Section 2.02, in the case of a Borrowing or (ii) by the LC Bank of notice as required by Section 2.18, in the case of a Letter of Credit; (b) if the Borrowing relates to a Notice of Borrowing delivered in connection with a Term Loan, receipt by the Agent of the Term Notes duly executed by the Borrower; (c) the fact that, after giving effect to such Credit Event, the Usage shall not exceed the aggregate amount of the Commitments; (d) the fact that, immediately after such Credit Event, no Default shall have occurred and be continuing; (e) the fact that the representations and warranties of each Obligor contained in each Financing Document to which it is a party shall be true on and as of the date of such Borrowing (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true as of such earlier date); (f) the ability of the Borrower to obtain bonding for new construction projects shall be sufficient for the conduct of the Borrower's business; and (g) the payment by the Borrower of all amounts theretofore payable pursuant to Section 9.03 within seven days of demand. Each Borrowing shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing as to the facts specified in clauses (c), (d), (e), (f) and (g) of this Section.

Credit Events. The obligation of any Lender Bank to make a Loan on the occasion of any Borrowing and of the LC Bank to issue a Letter of Credit (or to permit the extension of an Evergreen Letter of Credit) on the occasion of a request therefor by the Borrower is subject to the satisfaction of the following conditions: (a) receipt (i) by the Agent of a Notice of Borrowing as required by Section 2.02, in the case of a Borrowing or (ii) by the LC Bank of notice as required by Section 2.182.16, in the case of a Letter of Credit; (b) if the Borrowing relates to a Notice of Borrowing delivered in connection with a Term Loan, receipt by the Agent of the Term Notes duly executed by the Borrower; (c) the fact that, after giving effect to such Credit Event, the Usage shall not exceed the aggregate amount of the Commitments; (dc) the fact that, immediately after such Credit Event, no Default shall have occurred and be continuing; (ed) the fact that the representations and warranties of each Obligor contained in each Financing Document to which it is a party (except, in the case of a Refunding Borrowing, the representation and warranty set forth in Section 4.04(c) hereof as to any material adverse change which has theretofore been disclosed in writing by the Borrower to the Banks) shall be true on and as of the date of such Borrowing (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true as of such earlier date)Borrowing; (fe) the ability of the Borrower to obtain bonding for new construction projects shall not be sufficient for less than or more limited than on the conduct of the Borrower's businessEffective Date; and (gf) the payment by the Borrower of all amounts theretofore payable pursuant to Section 9.03 within seven days of demand. Each Borrowing shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing as to the facts specified in clauses (b), (c), (d), (e), (f) and (gf) of this Section.

Credit Events. The obligation of any Lender Bank to make a Loan on the occasion of any Borrowing and the obligation of the LC Issuing Bank to issue a Letter of Credit (or to permit the extension of an Evergreen Letter of Credit) on the occasion of a any request therefor by the Borrower is are each subject to the satisfaction of the following conditions: (a) the fact that the Closing Date shall have occurred; (b) solely with respect to any Borrowing, receipt (i) by the Administrative Agent of a Notice of Borrowing as required by Section 2.022.2 or 2.3, in as the case of a Borrowing or may be; (iic) by the LC Bank of notice as required by Section 2.18, in the case solely with respect to any issuance of a Letter of Credit; (b) if the Borrowing relates to a Notice of Borrowing delivered in connection with a Term Loan, receipt by the Agent Issuing Bank, with a copy to the Administrative Agent, of the Term Notes duly executed a Notice of Issuance as required by the Borrower; (c) the fact that, after giving effect to such Credit Event, the Usage shall not exceed the aggregate amount of the CommitmentsSection 2.15; (d) the fact that, immediately after such Credit Event, the aggregate outstanding principal amount of the Loans plus the aggregate Letters of Credit Liabilities will not exceed the aggregate amount of the Commitments; (e) the fact that, immediately before and after such Credit Event, no Default shall have occurred and be continuing;; and (ef) the fact that the representations and warranties of each Obligor the Borrower contained in each Financing Document this Agreement (except, in the case of a Refunding Borrowing, the representations and warranties set forth in Sections 4.4(c) and 4.5 as to any matter which it is a party has theretofore been disclosed in writing by the Borrower to the Banks) shall be true on and as of the date of such Borrowing (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true as of such earlier date); (f) the ability of the Borrower to obtain bonding for new construction projects shall be sufficient for the conduct of the Borrower's business; and (g) the payment by the Borrower of all amounts theretofore payable pursuant to Section 9.03 within seven days of demandCredit Event. Each Borrowing Credit Event hereunder shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing Credit Event as to the facts specified in clauses (c), (d), (e), (f) and (gf) of this Section.

Credit Events. The obligation of any Lender to make a Loan on the occasion of any Borrowing and of the LC Bank to issue a Letter of Credit (or to permit the extension of an Evergreen Letter of Credit) on the occasion of a request therefor by the Borrower is subject to the satisfaction of the following conditions: (a) receipt (i) by the Agent of a Notice of Borrowing as required by Section 2.02, in the case of a Borrowing or (ii) by the LC Bank of notice as required by Section 2.18, in the case of a Letter of Credit; (b) if the Borrowing relates to a Notice of Borrowing delivered in connection with a Term Loan, receipt by the Agent of the Term Notes duly executed by the Borrower; (c) the fact that, after giving effect to such Credit Event, the Usage shall not exceed the aggregate amount of the CommitmentsRevolving Credit Commitment; (d) the fact that, immediately after such Credit Event, no Default shall have occurred and be continuing; (e) the fact that the representations and warranties of each Obligor contained in each Financing Document to which it is a party shall be true on and as of the date of such Borrowing (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true as of such earlier date); (f) the ability of the Borrower to obtain bonding for new construction projects shall be sufficient for the conduct of the Borrower's ’s business; and (g) the payment by the Borrower of all amounts theretofore payable pursuant to Section 9.03 within seven days of demand. Each Borrowing shall be deemed to be a representation and warranty by the Borrower on the date of such Borrowing as to the facts specified in clauses (c), (d), (e), (f) and (g) of this Section.