Common use of ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES Clause in Contracts

ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that: (a) the following statements shall be true and correct (and the delivery by the Lessee and the Member of the Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all material respects on and as of date of the execution and delivery of this Agreement, at the time of each Advance, and as of each date until the Obligations are satisfied in full; and (ii) No event has occurred and is continuing which constitutes a Default or an Event of Default under any of the Transaction Documents; and (b) BCC shall have received such other opinions or documents as BCC may request in BCC's sole discretion.

ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that: (a) the following statements shall be true and correct (and the delivery by the Lessee and the Member of the Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all material respects on and as of the date of the execution and delivery of this Agreement, at the time of each Advance, and as of each date until the Obligations are satisfied in full; and (ii) No event has occurred and is continuing which constitutes a Default or an Event of Default under any of the Transaction Documents; and (b) BCC shall have received such other opinions or documents as BCC may request in BCC's sole reasonable discretion.

ADDITIONAL CONDITIONS PRECEDENT TO ADVANCES. The Subject to the rights of Lessor under the Working Capital Assurance Agreement, the obligation of BCC to accept delivery of the Transaction Documents and consummate this transaction, and to make any Advance, shall be further subject to the condition precedent that: (a) the following statements shall be true and correct (and the delivery by the Lessee and the Member of the Transaction Documents shall be deemed to constitute a representation and warranty by the Lessee and the Member that such statements are true on such date): (i) The representations and warranties contained in Article III of this Agreement and the other Transaction Documents are true and correct in all 6 material respects on and as of date of the execution and delivery of this Agreement, at the time of each Advance, and as of each date until the Obligations are satisfied in full; and (ii) No event has occurred and is continuing which constitutes a Default or an Event of Default under any of the Transaction Documents; and (b) BCC shall have received such other opinions or documents as BCC may request in BCC's sole discretion.