Common use of Each Borrowing Clause in Contracts

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing under any Participating Credit Agreement is subject to the satisfaction of the following conditions, in addition to any conditions set forth in the applicable Participating Credit Agreement: (a) At the time of and immediately after giving effect to such Borrowing, the representations and warranties of the Loan Parties set forth in the Loan Documents shall be true and correct in all material respects on and as of the date of such Borrowing, except any such representation and warranty that expressly relates to an earlier date, in which case such representation and warranty shall have been true and correct in all material respects as of such earlier date. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by Holdings and the Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section 4.02 and as to the satisfaction of any additional conditions to such Borrowing set forth in the applicable Participating Credit Agreement.

Each Borrowing. The obligation of each Lender to make a any Loan on or accept and purchase any B/As and of the occasion Issuing Banks to issue, amend, renew or extend any Letter of any Borrowing under any Participating Credit Agreement hereunder, is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions, in addition to any conditions set forth in the applicable Participating Credit Agreement: (a) At the time of and immediately after giving effect to such Borrowing, the The representations and warranties (other than those set forth in Sections 3.06 and 3.07 in the case of Borrowings made, B/As accepted and purchased or Letters of Credit issued, amended, renewed or extended, as applicable, after the Effective Date) of the Loan Parties Borrowers set forth in the Loan Documents shall be true and correct in all material respects on and as of the date of such Borrowing, except such acceptance and purchase of B/As or such issuance, amendment, renewal or extension of any such representation and warranty that expressly relates to an earlier dateLetter of Credit, in which case such representation and warranty shall have been true and correct in all material respects as of such earlier dateapplicable. (b) At the time of and immediately after giving effect to such Borrowing, such acceptance and purchase of B/As or such issuance, amendment, renewal or extension of any Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing Borrowing, each acceptance and purchase of B/As and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by Holdings and the Borrower Company on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section 4.02 and as to the satisfaction of any additional conditions to such Borrowing set forth in the applicable Participating Credit AgreementSection.

Each Borrowing. The obligation of each Lender to make a any Loan on and of the occasion Issuing Banks to issue, amend, renew or extend any Letter of any Borrowing under any Participating Credit Agreement hereunder is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions, in addition to any conditions set forth in the applicable Participating Credit Agreement: (a) At the time of and immediately after giving effect to such Borrowing, the The representations and warranties (other than those set forth in Sections 3.06 and 3.07 in the case of Borrowings made, or Letters of Credit issued, amended, renewed or extended, as applicable, after the Effective Date) of the Loan Parties Borrowers set forth in the Loan Documents shall be true and correct in all material respects on and as of the date of such BorrowingBorrowing or such issuance, except any such representation and warranty that expressly relates to an earlier dateamendment, in which case such representation and warranty shall have been true and correct in all material respects renewal or extension of a Letter of Credit, as of such earlier dateapplicable. (b) At the time of and immediately after giving effect to such BorrowingBorrowing or such issuance, amendment, renewal or extension of any Letter of Credit, as applicable, no Default shall have occurred and be continuing. Each Borrowing and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by Holdings and the Borrower Company on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section 4.02 and as to the satisfaction of any additional conditions to such Borrowing set forth in the applicable Participating Credit AgreementSection.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing under Borrowing, and of each L/C Issuer to issue, increase or extend any Participating Credit Agreement Letter of Credit, is subject to the occurrence of the Closing Date and the satisfaction of the following conditions, in addition to any conditions set forth in the applicable Participating Credit Agreement: (a) At the time of and immediately after giving effect to such BorrowingExcept as set for in Section 1.04 in connection with a Limited Condition Transaction, the representations and warranties of the Loan Parties set forth in the Loan Documents this Agreement shall be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects) on and as of the date of such Borrowing, except any to the extent that such representation representations and warranty that expressly relates warranties specifically refer to an earlier date, in which case such representation and warranty they shall have been be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality or Material Adverse Effect shall be true and correct in all respects) as of such earlier date. (b) At Except as set for in Section 1.04 in connection with a Limited Condition Transaction, at the time of and immediately after giving effect to such BorrowingBorrowing or the issuance, increase or extension of such Letter of Credit, as applicable, no Default or Event of Default shall have occurred and be continuing. (c) If applicable, the Administrative Agent shall have received a Borrowing Request. Each Borrowing shall be deemed to constitute a representation and warranty by Holdings and the Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section 4.02 and as to the satisfaction of any additional conditions to such Borrowing set forth in the applicable Participating Credit AgreementSection.