Common use of Performance of Conditions Clause in Contracts

Performance of Conditions. For the purpose of determining fulfillment by the Borrowers of conditions precedent specified in Sections 4.01 and 4.02 only, each Lender and each Ancillary Lender shall be deemed to have consented to, and approved or accepted, or to be satisfied with each document or other matter sent by the Administrative Agent to such Lender or Ancillary Lender for consent, approval, acceptance or satisfaction, or required under Article IV to be consented to, or approved by or acceptable or satisfactory to, that Lender or Ancillary Lender, unless an officer of the Administrative Agent who is responsible for the transactions contemplated by the Loan Documents shall have received written notice from that Lender or Ancillary Lender prior to the making of the requested Loan or the issuance of the requested Letter of Credit specifying its objection thereto and either (i) such objection shall not have been withdrawn by written notice to the Administrative Agent or (ii) in the case of any condition to the making of a Loan, that Lender or Ancillary Lender shall not have made available to the Administrative Agent that Lender’s or Ancillary Lender’s Applicable Adjusted Percentage of such Loan or Letter of Credit.

Performance of Conditions. For the purpose of determining fulfillment by the Borrowers of conditions precedent specified in Sections 4.01 and 4.02 only, each Lender and each Ancillary Lender shall be deemed to have consented to, and approved or accepted, or to be satisfied with each document or other matter sent by the Administrative Agent to such Lender or Ancillary Lender for consent, approval, acceptance or satisfaction, or required under Article IV to be consented to, or approved by or acceptable or satisfactory to, that Lender or Ancillary Lender, unless an officer of the Administrative Agent who is responsible for the transactions contemplated by the Loan Documents shall have received written notice from that Lender or Ancillary Lender prior to the making of the requested Loan or the issuance of the requested Letter of Credit specifying its objection thereto and either (i) such objection shall not have been withdrawn by written notice to the Administrative Agent or (ii) in the case of any condition to the making of a Loan, that Lender or Ancillary Lender shall not have made available to the Administrative Agent that Lender’s or Ancillary Lender’s Applicable Adjusted Percentage of such Loan or Letter of Credit.. -95-