Common use of Each Advance Clause in Contracts

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default; (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing 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 be true and correct on and as of such earlier date; and (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (ia) There exists no Default or Unmatured DefaultDefault and none would result from such Advance; (iib) The representations and warranties contained in Article ARTICLE V (other than SECTION 5.6) are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Date; (c) A Borrowing 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 Notice shall be true and correct on and as of such earlier datehave been properly submitted; and (iiid) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) SECTION 4.2 have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached EXHIBIT B hereto as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to (excluding the Loan Parties representation in existence on such Borrowing Date, Section 5.5) 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 be have been true and correct on and as of such earlier date; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance Advance, unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;Default and no Default or Unmatured Default shall occur upon giving effect to the application of the proceeds of such Advance. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to except for changes in the Loan Parties in existence on such Borrowing 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 be true and correct on and as of such earlier date; andSchedules hereto reflecting transactions permitted by this Agreement. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate in substantially the same form of the Certificate attached as Exhibit B..

Each Advance. The Lenders shall not be required to make any Advance ------------ unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to (excluding the Loan Parties representation in existence on such Borrowing Date, Section 5.5) 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 be have been true and correct on and as of such earlier date; and. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (ia) There exists no Default or Unmatured Default;. (iib) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing 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 be have been true and correct on and as of such earlier date; and. (iiic) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i4.2(a) and (iib) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default;. (ii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing 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 be have been true and correct on and as of such earlier date; and. SIDLEY AUSTIN BROWN & WOOD 30 (iii▇▇▇) All legal A▇▇ ▇egal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the Borrower that the conditions contained in Sections Section 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed Compliance Certificate compliance certificate in substantially the same form of the Certificate attached Exhibit B as Exhibit B.a condition to making an Advance.