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 (other than any conversion or continuation of any Loan) is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Sections 3.04, 3.05(a)(i) and 3.07(b)) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of any Loan) is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than than, in the case of any Borrowing made after the Effective Date, Sections 3.04, 3.04 and 3.05(a)(i) and 3.07(b)) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this SectionSection 4.02.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of any Loan) is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Sections 3.04, 3.04 and 3.05(a)(i) and 3.07(b)) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of any Loanan outstanding Loan that does not increase the principal amount thereof) is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III 3 of this Agreement (other than Sections than, in the case of any Borrowing subsequent to the Effective Date, Section 3.04, 3.05(a)(iSection 3.05(a)(a) and 3.07(bor (b), or Section 3.09) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request (other than in respect of a conversion or continuation of an outstanding Loan that does not increase the principal amount therof) shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.

Each Borrowing. The obligation of each Lender Lenders shall not be required to make a Loan on the occasion of any Borrowing (other than any Borrowing constituting a conversion or continuation continuation) and the Issuing Lender shall not be required to issue, amend, renew or extend any Facility Letters of any Loan) is subject to Credit, unless on the satisfaction applicable Borrowing Date or Issuance Date (or waiver in accordance with Section 10.02) date of the following conditions:amendment, renewal or extension of a Facility Letter of Credit): (ai) The there exists no Default or Unmatured Default; and (ii) the representations and warranties of Parent and the Obligors set forth Borrower contained in Article III V are true and correct in all material respects as of this Agreement (other than Sections 3.04such date with respect to Parent, 3.05(a)(i) the Borrower and 3.07(b)) to any of their respective Subsidiaries in existence on such date; provided that any representation or warranty that is qualified as to “materiality”, Material Adverse Effect or similar language shall be true and correct in all respects on such Borrowing Date and any other Loan Document, such representation or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, warranty that is stated to relate solely to an earlier date shall be true and correct in all material respects (unless or, in the case of any such representation or warranty already qualified by materiality or Material Adverse Effectmateriality, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific earlier date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request with respect to each such Borrowing (other than any Borrowing constituting a conversion or continuation) or such Letter of Credit Request shall be deemed to constitute a representation and warranty by the Obligors on Borrower that the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified conditions contained in paragraphs (aSections 4.2(i) and (bii) of this Sectionhave been satisfied or otherwise waived by the Lenders in accordance with Section 8.2.

Each Borrowing. The obligation of each Lender Lenders shall not be required to make a Loan any Borrowing and the Issuing Lender shall not be required to issue, amend, renew or extend any Facility Letters of Credit, unless on the occasion of any applicable Borrowing (other than any conversion Date or continuation of any Loan) is subject to the satisfaction Issuance Date (or waiver in accordance with Section 10.02) date of the following conditions:amendment, renewal or extension of a Facility Letter of Credit): (ai) There exists no Default or Unmatured Default; and (ii) The representations and warranties of the Obligors set forth Borrower contained in Article III V are true and correct in all material respects as of this Agreement (other than Sections 3.04such date with respect to Borrower and to any Subsidiary in existence on such date; provided that any representation or warranty that is qualified as to “materiality”, 3.05(a)(i) and 3.07(b)) Material Adverse Effect or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, similar language shall be true and correct in all material respects (unless already qualified by materiality on such Borrowing Date and any such representation or Material Adverse Effect, in which case they warranty that is stated to relate solely to an earlier date shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such earlier date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request with respect to each such Borrowing or such Letter of Credit Request shall be deemed to constitute a representation and warranty by the Obligors on Borrower that the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified conditions contained in paragraphs (aSections 4.2(i) and (bii) of this Sectionhave been satisfied or otherwise waived by the Lenders in accordance with Section 8.2.

Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Borrowing (other than any conversion or continuation of any Loan) is subject to the satisfaction (or waiver in accordance with Section 10.02) of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement (other than Sections 3.04, 3.04 and 3.05(a)(i) and 3.07(b)) or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects (unless already qualified by materiality or Material Adverse Effect, in which case they shall be true and correct in all respects) on and as of the date of such Borrowing, before and after giving effect to such Borrowing, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Borrowing Request in accordance with Section 2.03. (d) In the case of a Borrowing to be denominated in an Alternative Currency, such currency remains an Eligible Currency. Each Borrowing Request shall be deemed to constitute a representation and warranty by the Obligors on the date of such Borrowing Request and the date of the Borrowing requested thereunder as to the matters specified in paragraphs (a) and (b) of this Section.