Common use of Each Advance Clause in Contracts

Each Advance. The Lenders shall not be required to make any Advance and no Issuing Bank shall be required to issue, amend or extend a Letter of Credit unless on the applicable Borrowing Date or Issuance Date: (i) There exists no Default or Unmatured Default, at the time of or after giving effect to the use of the proceeds of such Advance or the issuance, amendment or extension of such Letter of Credit. (ii) The representations and warranties contained in Article VI are true and correct in all material respects as of such Borrowing Date or Issuance Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. (iii) Giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, the Borrowing Base Debt shall not be greater than the Borrowing Base; provided that the condition precedent in this Section 5.2(iii) shall be deemed to be satisfied if the Borrower shall, substantially concurrently with such extension of credit, take actions as required by Section 2.6(b) so that Borrowing Base Debt, after giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, is equal to or less than the Borrowing Base. Each Borrowing Notice with respect to each such Advance, and each Letter of Credit Notice with respect to the issuance, amendment or extension of each such Letter of Credit, shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(i), (ii) and (iii) are satisfied.

Each Advance. The Lenders shall not be required to make any Advance (including the initial funding, but excluding conversions and no continuations of existing Loans as provided in Section 2.8) and the Issuing Bank Lender shall not be required to issue, amend amend, renew or extend a any Letter of Credit unless on Credit, unless: (a) At the applicable Borrowing Date or Issuance Datetime of and immediately after giving effect to such extension of credit: (i) There there exists no Event of Default or Unmatured Default, at the time of or after giving effect to the use of the proceeds of such Advance or the issuance, amendment or extension of such Letter of Credit.; and (ii) The the representations and warranties contained in Article VI V or in any other Loan Documents are true and correct in all material respects as of the date of such Borrowing Date or Issuance Date extension of credit except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier datedate (provided that such materiality qualifier shall not be applicable to any representation or warranty that already is qualified or modified by materiality in the text thereof). (iiib) Giving With respect to any Advance, the Administrative Agent shall have received a certificate (which certification may be included in Borrowing Notice) from an Authorized Officer in form and substance reasonably satisfactory to the Administrative Agent which demonstrates that, at the time of and immediately after giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, the Borrowing Base Debt shall not be greater than the Borrowing Base; provided that the condition precedent in this Section 5.2(iii) shall be deemed to be satisfied if the Borrower shall, substantially concurrently with such extension of credit, take actions the Aggregate Exposure shall not exceed an amount equal to the lesser of (i) the Aggregate Commitment and (ii) the Borrowing Base. (c) The Administrative Agent shall have received a Borrowing Notice in accordance with Section 2.7 and/or the Issuing Lender shall have received an Application in accordance with Section 2.2, as required by Section 2.6(bapplicable. (d) so that Borrowing Base Debt[Reserved]. (e) On and as of the date of such Advance, before and after giving effect to such Advance and to the application of the proceeds therefrom on or around such date, but in any event, not to exceed two (2) Business Days after such date, Domestic Excess Cash shall not be greater than $0. (f) On and as of the issuance, amendment or extension date of such Letter Advance, before and after giving effect to such Advance and to the application of Creditthe proceeds therefrom on or around such date, but in any event, not to exceed two (2) Business Days after such date, Global Excess Cash shall not be greater than $0. (g) If the Cash Dominion Implementation Period is equal in effect at the time of such Advance, on and as of the date thereof, both before and after giving effect to such Advance and to the application of the proceeds therefrom on or less than around such date, but in any event, not to exceed two (2) Business Days after such date, the Borrowing Baseaggregate principal amount of all outstanding Advances shall not exceed $5,000,000. Each Borrowing Notice with respect to each such Advance, and each Letter of Credit Notice with respect to the issuance, amendment or extension of each such Letter of Credit, Advance shall constitute a representation and warranty by the Parent and Borrower that the conditions contained in Sections 5.2(i4.2(a), (iie), (f) and (iiig) are have been satisfied.

Each Advance. The Lenders shall not be required to make any Advance and no Issuing Bank shall be required to issue, amend or extend a Letter of Credit unless on the applicable Borrowing Date or Issuance Date: (i) There exists no Default or Unmatured Event of Default, at the time of or after giving effect to the use of the proceeds of such Advance or the issuance, amendment or extension of such Letter of Credit. (ii) The representations and warranties contained in Article VI are true and correct in all material respects as of such Borrowing Date or Issuance Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date (provided that any representation and warranty that is qualified as to materiality, material adverse effect or similar language shall be true and correct as of such date). (iii) Giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, the Borrowing Base Debt shall not be greater than the Borrowing Base; provided that the condition precedent in this Section 5.2(iii) shall be deemed to be satisfied if the Borrower shall, substantially concurrently with such extension of credit, take actions as required by Section 2.6(b) so that Borrowing Base Debt, after giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, is equal to or less than the Borrowing Base. (iv) The Borrower delivers to the Administrative Agent a Borrowing Notice or Application, as applicable. Each Borrowing Notice with respect to each such Advance, and each Letter of Credit Notice Application with respect to the issuance, amendment or extension of each such Letter of Credit, shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(i), (ii) and (iii) are satisfied.

Each Advance. The Lenders shall not be required to make any Advance (other than the conversion of an Advance of one Type to an Advance of another Type that does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date, and no an Issuing Bank shall not be required to issue, amend or extend a Facility Letter of Credit unless on the applicable Borrowing Date or Issuance Date: (i) There exists no Default or Unmatured Default, at the time of or after giving effect to the use of the proceeds of such Advance or the issuance, amendment or extension of such Letter of Credit. (ii) The representations and warranties contained in Article VI are true and correct in all material respects as of such Borrowing Date or Issuance Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been be true and correct in all material respects on and as of such earlier datedate and except to the extent that any such representation or warranty relates to changes otherwise permitted by this Agreement. (iii) Giving effect to After the making of such Advance or the issuance, amendment or extension issuance of such Facility Letter of Credit, Consolidated Senior Debt Borrowings shall not exceed the Borrowing Base Debt (determined as of the most recent Inventory Valuation Date). (iv) The Borrower shall have delivered to the Agent, not be greater more than three (3) Business Days prior to the applicable Borrowing Base; provided that Date or Issuance Date, a duly completed certificate in substantially the condition precedent in this Section 5.2(iiiform of Exhibit "I" hereto. (v) All legal matters incident to (A) the making of such Advance shall be deemed reasonably satisfactory to be satisfied if the Borrower shall, substantially concurrently with such extension of credit, take actions as required by Section 2.6(bLenders and their counsel and (B) so that Borrowing Base Debt, after giving effect to such Advance or the issuance, amendment or extension issuance of such Facility Letter of CreditCredit shall be reasonably satisfactory to the Agent, is equal to or less than the Borrowing Basesuch Issuing Bank and their respective counsel. Each Borrowing Notice with respect to each such Advance, Advance and each request for a Facility Letter of Credit Notice with respect to the issuance, amendment or extension of each such Letter of Credit, shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(i), ) and (ii) and (iii) are have been satisfied.

Each Advance. The Lenders shall not be required to make any Advance and no Issuing Bank shall be required to issue, amend or extend a Letter of Credit unless on the applicable Borrowing Date or Issuance Date: (i) There exists no Default or Unmatured Event of Default, at the time of or after giving effect to the use of the proceeds of such Advance or the issuance, amendment or extension of such Letter of Credit. (ii) The representations and warranties contained in Article VI are true and correct in all material respects as of such Borrowing Date or Issuance Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date (provided that any representation and warranty that is qualified as to materiality, material adverse effect or similar language shall be true and correct as of such date). (iii) Giving After giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, the Borrowing Base Debt shall not be greater than the Borrowing Base; provided that the condition precedent in this Section 5.2(iii) shall be deemed to be satisfied if the Borrower shall, substantially concurrently with such extension of credit, take actions as required by Section 2.6(b) so that Borrowing Base Debt, after giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, is equal to or less than the Borrowing Base. (iv) The Borrower delivers to the Administrative Agent a Borrowing Notice or Application, as applicable. Each Borrowing Notice with respect to each such Advance, and each Letter of Credit Notice Application with respect to the issuance, amendment or extension of each such Letter of Credit, shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 5.2(i), (ii) and (iii) are satisfied.

Each Advance. The Lenders shall not be required to make any Advance (including the initial funding, but excluding conversions and no continuations of existing Loans as provided in Section 2.8) and the Issuing Bank Lender shall not be required to issue, amend amend, renew or extend a any Letter of Credit unless on Credit, unless: (a) At the applicable Borrowing Date or Issuance Datetime of and immediately after giving effect to such extension of credit: (i) There there exists no Event of Default or Unmatured Default, at the time of or after giving effect to the use of the proceeds of such Advance or the issuance, amendment or extension of such Letter of Credit.; and (ii) The the representations and warranties contained in Article VI V or in any other Loan Documents are true and correct in all material respects as of the date of such Borrowing Date or Issuance Date extension of credit except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier datedate (provided that such materiality qualifier shall not be applicable to any representation or warranty that already is qualified or modified by materiality in the text thereof). (iiib) Giving With respect to any Advance, the Administrative Agent shall have received a certificate (which certification may be included in Borrowing Notice) from an Authorized Officer in form and substance reasonably satisfactory to the Administrative Agent which demonstrates that, at the time of and immediately after giving effect to such Advance or the issuance, amendment or extension of such Letter of Credit, the Borrowing Base Debt shall not be greater than the Borrowing Base; provided that the condition precedent in this Section 5.2(iii) shall be deemed to be satisfied if the Borrower shall, substantially concurrently with such extension of credit, take actions as required by Section 2.6(bthe Aggregate Exposure shall not exceed an amount equal to the lesser of (i) so that the Aggregate Commitment, (ii) the Borrowing Base Debtand (iii) the Availability Blocker, after giving effect to such Advance or if applicable. (c) The Administrative Agent shall have received a Borrowing Notice in accordance with Section 2.7 and/or the issuanceIssuing Lender shall have received an Application in accordance with Section 2.2, amendment or extension of such Letter of Credit, is equal to or less than the Borrowing Baseas applicable. Each Borrowing Notice with respect to each such Advance, and each Letter of Credit Notice with respect to the issuance, amendment or extension of each such Letter of Credit, Advance shall constitute a representation and warranty by the Parent and Borrower that the conditions contained in Sections 5.2(i), (iiSection 4.2(a) and (iii) are have been satisfied.