Common use of Each Loan Clause in Contracts

Each Loan. No Lender shall be required to make any Loan (including its initial Loan) hereunder unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) Before and after giving effect to such Loan and the application of the proceeds thereof, the representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of 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 have been true and correct in all material respects on and as of such earlier date. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied.

Each Loan. No The Lender shall not be required to make any Loan (including its initial Loan) hereunder unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) Before and other than a Loan that, after giving effect thereto and to such Loan and the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: (i) there exists no Default or Unmatured Default; (ii) the representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of 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 have been be true and correct in all material respects on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate as a condition to making a Loan.

Each Loan. No Lender The Lenders shall not be required to make any Loan (including its initial Loan) hereunder unless on the applicable Borrowing Datedate of such Loan: (i) There exists no No Default or Unmatured DefaultDefault exists or would result from such Loan. (ii) Before and after giving effect to such Loan and the application of the proceeds thereof, the The representations and warranties contained in Article V (excluding those contained other than, in the case of each Loan to be made after the date of the initial Loan, Sections 5.5, 5.5 and 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of the date of such Borrowing Date Loan 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) All legal matters incident to the making of such Loan shall be satisfactory to the Lenders and their counsel (including evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Loan). Each delivery of a Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan 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 delivery of a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making a Loan.

Each Loan. No The Lender shall not be required to make any Loan (including its initial Loan) hereunder other than a Loan that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default.; (ii) Before and after giving effect to such Loan and the application of the proceeds thereof, the The representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of 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 have been be true and correct in all material respects on and as of such earlier date; and (iii) All legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed Compliance Certificate as a condition to making a Loan.

Each Loan. No The Lender shall not be required to make any Loan (including its initial Loan) hereunder unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) Before and other than a Loan that, after giving effect thereto and to such Loan and the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), or issue a Letter of Credit, unless on the applicable Borrowing Date: (i) there exists no Default, or Unmatured Default; (ii) the representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of 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 have been be true and correct in all material respects on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied.

Each Loan. No The Lender shall not be required to make any Loan (including its initial Loan) hereunder unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) Before and other ---------- than a Loan that, after giving effect thereto and to such Loan and the application of the proceeds thereof, does not increase the aggregate amount of outstanding Loans), unless on the applicable Borrowing Date: (i) there exists no Default or Unmatured Default; (ii) the representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of 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 have been be true and correct in all material respects on and as of such earlier date; and (iii) all legal matters incident to the making of such Loan shall be satisfactory to the Lender and its counsel. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to each such Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. The Lender may require a duly completed compliance certificate as a condition to making a Loan.

Each Loan. No Lender shall be required to make any Loan (including its initial Loanother than a Ratable Loan made to repay a Swing Line Loan pursuant to Section 2.6.4) hereunder unless on the applicable Borrowing Date: (i) There exists no No Default or Unmatured DefaultDefault exists or will result therefrom. (ii) Before and after giving effect to such Loan and the application of the proceeds thereof, the The representations and warranties contained in Article V (excluding those contained in Sections 5.5, 5.7, 5.8, 5.11 and 5.12) are true and correct in all material respects as of 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 have been true and correct in all material respects on and as of such earlier date. (iii) All legal matters incident to the making of such Loan shall be reasonably satisfactory to the Administrative Agent and its counsel. Each Borrowing Notice or Competitive Bid Borrowing Notice with respect to an Advance and each such request for a Swing Line Loan shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(isubsections (i) and (ii) above have been satisfied. For the avoidance of doubt, the conversion or continuation of a Ratable Loan shall not constitute the making of a Loan.