Common use of Times when representations made Clause in Contracts

Times when representations made. (a) All the representations and warranties in this clause 21 are made by each Obligor on the date of this Agreement. (b) The Repeating Representations are deemed to be made by each Obligor on the date of each Utilisation Request, on each Utilisation Date, on the first day of each Interest Period and, if an Interest Period is longer than six Months, on the dates falling at six Monthly intervals after the first day of that Interest Period (except that those contained in clauses 21.13(a) to 21.13(d) (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). (c) All the representations and warranties in this clause 21: (i) are deemed to be made by the Parent and each Additional Obligor on the day on which that Additional Obligor becomes (or it is proposed that it becomes) an Additional Obligor; (ii) (except clause 21.12 (No misleading information), clause 21.19 (Group Structure Chart) and clause 21.23 (No adverse consequences)) are deemed to be made by any other Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (d) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Times when representations made. (a) All the representations and warranties in this clause 21 Clause 23 are made by each Original Obligor on the date of this Agreement, the first Utilisation Date and the Closing Date except for the representations and warranties set out in Clause 23.12 (No misleading information) which are deemed to be made by each Obligor (i) with respect to the Base Case Model, on the date of this Agreement and on the Closing Date and (ii) with respect to the Information Package, on the date of this Agreement. (b) The Repeating Representations are deemed to be made by each Obligor (and, where indicated, the Parent) on the date of each Utilisation Request, on each Utilisation Date, Date and on the first day of each Interest Period and, if an Interest Period is longer than six Months, on the dates falling at six Monthly intervals after the first day of that Interest Period (except that those contained in clauses 21.13(a) to 21.13(d) Clause 23.13 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement)) falling after the last day of the Certain Funds Period. (c) All the representations The Repeating Representations, Clause 23.9 (No filing or stamp taxes) and warranties in this clause 21: Clause 23.10 (iDeduction of Tax) are deemed to be made by the Parent and each Additional Obligor on the day on which that Additional Obligor becomes (or it is proposed that it becomes) an Additional Obligor; (ii) (except clause 21.12 (No misleading information), clause 21.19 (Group Structure Chart) and clause 21.23 (No adverse consequences)) are deemed to be made by any other Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (d) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Times when representations made. (a) All Save as set out in paragraph (f), all the representations and warranties in this clause 21 Clause 18 are made by each Original Obligor on the date of this Agreement. (b) The representations and warranties in Clause 18.12 (No misleading information) are deemed to be made by each Obligor on the Syndication Date. (c) The Repeating Representations are deemed to be made by each Obligor on the date of each Utilisation Request, on each Utilisation Date, Date and on the first day of each Interest Period and, if an Interest Period is longer than six Months, on the dates falling at six Monthly intervals after the first day of that Interest Period (except that those contained in clauses 21.13(aparagraphs (a), (b), (d) to 21.13(dand (e) of Clause 18.13 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement and those in paragraph (c) shall not be repeated after the date of this Agreement). (cd) All the representations and warranties The Repeating Representations in this clause 21: Clause 18 except Clause 18.12 (i) No misleading information), are deemed to be made by the Parent and each Additional Obligor on the day on which that Additional Obligor becomes (or it is proposed that it becomes) an Additional Obligor; (ii) (except clause 21.12 (No misleading information), clause 21.19 (Group Structure Chart) and clause 21.23 (No adverse consequences)) are deemed to be made by any other Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (de) The representations and warranties set out in Clause 18.26 (Terms of The Offer) are made on the date of the launch of the Offer. (f) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Times when representations made. (a) All the representations and warranties in this clause 21 Clause 22 are made by each relevant Original Obligor on the date of this AgreementSigning Date. (b) The representations and warranties set out in Clauses 22.2 (Organization and Powers) through 22.5 (Government Approvals), Clauses 22.6(d) and 22.6(e), Clause 22.10 (Litigation; Compliance with Laws), Clauses 22.11(a) and 22.10(b), Clause 22.12 (Federal Reserve Regulations), Clause 22.13 (Investment Company Act), Clause 22.15 (Tax Returns) to Clause 0 (Each Plan is in compliance in all respects in form and operation with its terms and with the applicable provisions of ERISA and the Code, and the regulations and published interpretations thereunder, except where such non-compliance, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other ERISA Events, could reasonably be expected to result in a Material Adverse Effect. (c) Environmental Matters), Clause 22.20 (Labor Matters) to Clause 22.22 (Subordination of Intercompany Debt), Clause 22.25 (Centre of main interests and establishments) to Clause 22.28 (No adverse consequences) (the “Repeating Representations Representations”) are deemed to be made by each Obligor on the date of each Utilisation Request, Issuance Request and on each Utilisation Issuance Date, on the first day of each Interest Period and, if an Interest Period is longer than six Months, on the dates falling at six Monthly intervals after the first day of that Interest Period (except that those contained in clauses 21.13(a) to 21.13(d) (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). (c) All the representations and warranties in this clause 21: (i) are deemed to be made by the Parent and each Additional Obligor on the day on which that Additional Obligor becomes (or it is proposed that it becomes) an Additional Obligor; (ii) (except clause 21.12 (No misleading information), clause 21.19 (Group Structure Chart) and clause 21.23 (No adverse consequences)) are deemed to be made by any other Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (d) Each representation or warranty deemed to be made after the date of this Agreement Signing Date shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.