Common use of Each Loan or Letter of Credit Clause in Contracts

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (i) all representations and warranties of the Loan Parties set forth in the Loan Documents are true and correct in all material respects (except for representations and warranties that are qualified as to materiality or Material Adverse Change, in which case such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only to an earlier and/or specified date, in which case such representation and warranty shall be true and correct (or true and correct in all material respects, as applicable) as of such date), (ii) no Event of Default or Potential Default shall have occurred and be continuing, and (iii) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date shall be deemed to have acknowledged receipt of, and consented to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Date.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (ia) all representations and the representations, warranties of the Loan Parties set forth in the Loan Documents are shall then be true and correct in all material respects (except for representations and warranties that are unless qualified as to by materiality or reference to the absence of a Material Adverse Change, in which case event shall be true and correct), except to the extent that such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only specifically refer to an earlier and/or specified date, in which case such representation and warranty they shall be true and correct (or true and correct in all material respects, as applicable) as of such earlier date), and except that for purposes of this Section 7.2, the representations and warranties contained in Section 6.4 [Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.10 [Reporting Requirements], (iib) no Event of Default or Potential Default shall have occurred and be continuingcontinuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof, (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not violate any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (d) no Material Adverse Change shall have occurred since the date of the audited financial statements of the Borrower delivered to the Administrative Agent on or prior the Closing Date, and (iiie) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] and this Section 7.2 have acknowledged receipt of, and consented been satisfied on or prior to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Datedate thereof.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (i) all representations and the representations, warranties of the Loan Parties set forth in the Loan Documents are shall then be true and correct in all material respects (except for representations and warranties that are unless qualified as to by materiality or reference to the absence of a Material Adverse Change, in which case event shall be true and correct), except to the extent that such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only specifically refer to an earlier and/or specified date, in which case such representation and warranty they shall be true and correct (or true and correct in all material respects, as applicable) as of such earlier date), and except that for purposes of this Section 7.2, the representations and warranties contained in Section 6.5 [Financial Statements; No Material Adverse Change] shall be deemed to refer to the most recent financial statements furnished pursuant to Section 8.1 [Financial Statements], (ii) no Event of Default or Potential Default shall have occurred and be continuingcontinuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof, and (iii) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 [Initial Loans and Letters of Credit] and this Section 7.2 have acknowledged receipt of, and consented been satisfied on or prior to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Datedate thereof.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (ia) all representations and the representations, warranties of the Loan Parties set forth in the Loan Documents are shall then be true and correct in all material respects (except for representations and warranties that are unless qualified as to by materiality or reference to the absence of a Material Adverse Change, in which case event shall be true and correct), except to the extent that such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only specifically refer to an earlier and/or specified date, in which case such representation and warranty they shall be true and correct (or true and correct in all material respects, as applicable) as of such earlier date), and except that for purposes of this Section 7.2, the representations and warranties contained in Section 6.6 shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12, (iib) no Event of Default or Potential Default shall have occurred and be continuingcontinuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof, (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, and (iiid) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in Section 7.1 and this Section 7.2 have acknowledged receipt of, and consented been satisfied on or prior to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Datedate thereof.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing issuing any Letters of Credit and after giving effect to the proposed extensions of credit: (i) all the representations and warranties of the Loan Parties set forth in the Loan Documents are shall then be true and correct in all material respects (without duplication of any materiality qualifier contained therein) except for representations and warranties (a) to the extent that are qualified as to materiality or Material Adverse Change, in which case such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only specifically refer to an earlier and/or specified date, in which case such representation and warranty they shall be true and correct (or true and correct in all material respects, as applicable) as of such date)earlier date and (b) for purposes of this Section 6.2 [Each Loan or Letter of Credit], the representations and warranties contained in Sections 5.1.6(i) [Historical Statements] and (iii) [Accuracy of Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], respectively; (ii) no Event of Default or Potential Default shall have occurred and be continuing; (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders; and (iiiiv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date shall be deemed to have acknowledged receipt of, and consented to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Date.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing issuing any Letters of Credit (or amendments or extensions thereto) other than Loans made or Letters of Credit issued on the Closing Date and after giving effect to the proposed extensions of credit: (i) all the representations and warranties of the Loan Parties set forth contained in Section 6 [Representations and Warranties] and in the other Loan Documents are shall be true on and correct in all material respects as of the date of the making of such additional Loan or the issuance such Letter of Credit (except for representations and warranties that are qualified or amendments or extensions thereto) with the same effect as to materiality or Material Adverse Change, in which case though such representations and warranties shall be true in all respects) had been made on and as of such date (except to the extent any such representation or warranty representations and warranties which expressly relates only relate solely to an earlier and/or specified datedate or time, in which case such representation representations and warranty warranties shall be true and correct (or true on and correct in all material respects, as applicable) as of such date), (iithe specific dates or times referred to therein) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing, ; the making of the Loans or issuance of such Letter of Credit (or amendments or extensions thereto) shall not contravene any Law applicable to any Loan Party or any of the Lenders; and (iii) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date shall be deemed to have acknowledged receipt of, and consented to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Date.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing issuing any Letters of Credit and after giving effect to the proposed extensions of credit: (i) all the representations and warranties of the Loan Parties set forth in the Loan Documents are shall then be true and correct in all material respects (without duplication of any materiality qualifier contained therein) except for representations and warranties (a) to the extent that are qualified as to materiality or Material Adverse Change, in which case such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only specifically refer to an earlier and/or specified date, in which case such representation and warranty they shall be true and correct (or true and correct in all material respects, as applicable) as of such date)earlier date and (b) for purposes of this Section 6.2 [Each Loan or Letter of Credit], the representations and warranties contained in Sections 5.1.6(i) [Historical Statements] and (iii) [Accuracy of Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], respectively; (ii) no Event of Default or Potential Default shall have occurred and be continuing, and ; (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders; and (iv) the applicable Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date shall be deemed to have acknowledged receipt of, and consented to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Date.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (ia) all the representations and warranties of the Loan Parties set forth in the Loan Documents are shall then be true and correct in all material respects (except for representations and warranties that are unless qualified as to by materiality or reference to the absence of a Material Adverse Change, in which case event such representations and warranties shall be true in all respects) on and as of such date (correct), except to the extent any such representation or warranty expressly relates only that they specifically refer to an earlier and/or specified date, in which case such representation and warranty they shall be true and correct (or true and correct in all material respects, as applicable) as of such earlier date), and except that for purposes of this Section 7.2, the representations and warranties contained in Section 6.6 [Historical Financial Statements] shall be deemed to refer to the most recent statements furnished pursuant to Section 8.12 [Reporting Requirements], (iib) no Event of Default or Potential Default shall have occurred and be continuingcontinuing or would result from such Loan or Letter of Credit or the application of the proceeds thereof, (c) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law in any material respect applicable to any Loan Party or Subsidiary of any Loan Party, and (iiid) the Borrower shall have delivered to the Administrative Agent delivery of a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of CreditCredit application, as the case may beapplicable. Each Lender, by delivering its signature page to this Agreement on the Closing Date Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in this Section 7.2 have acknowledged receipt of, and consented been satisfied on or prior to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Datedate thereof.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (i) all the representations and warranties of the Loan Parties as set forth in the Loan Documents are Article 6 [Representations and Warranties] shall then be true and correct in all material respects (except for representations that (x) any representation and warranties warranty that are is already qualified as to materiality or Material Adverse Change, in which case such representations and warranties shall be true in all respects) on and as of such date (except to the extent any such representation or warranty expressly relates only to an earlier and/or specified date, in which case such representation and warranty shall be true and correct in all respects as so qualified and (y) representations and warranties which expressly relate solely to an earlier date or time shall be true and correct in all material respects, as applicable) on and as of such datethe specific dates or times referred to therein), (ii) no Event of Default or Potential Default shall have occurred and be continuing, and (iii) the applicable Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, by delivering its signature page to this Agreement on the Closing Date Loan Request and Letter of Credit application shall be deemed to be a representation that the conditions specified in this Section 7.2 [Each Loan or Letter of Credit] have acknowledged receipt of, and consented been satisfied on or prior to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Datedate thereof.

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit: (i) all representations and the representations, warranties of the each Loan Parties Party set forth in the Loan Documents are Document shall be true and correct (x) in the case of representations and warranties qualified by materiality, in all respects and (y) otherwise, in all material respects (except for representations and warranties that are qualified as to materiality or Material Adverse Changerespects, in which each case on and as of such representations and warranties shall be true in all respects) date as if made on and as of such date (except to the extent any that such representation or warranty expressly relates only representations and warranties relate to an earlier and/or specified date, date in which case such representation representations and warranty shall be warranties that expressly relate to an earlier date are true and correct (or true correct, in the case of such representations and correct warranties qualified by materiality, in all respects, and otherwise in all material respects, as applicable) as of such earlier date), (ii) no Event of Default or Potential Default shall have occurred and be continuing, and (iii) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be. Each Lender, borrowing by delivering its signature page to and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Agreement on the Closing Date shall be deemed to Section 6.2 have acknowledged receipt of, and consented to and approved, or to have waived receipt of, each Loan Document and each other document, instrument or agreement required to be approved by it on the Closing Datebeen satisfied.