Common use of All Events Clause in Contracts

All Events. The obligations of the Lenders to make Loans and of the Issuing Banks to issue Letters of Credit hereunder are subject to the satisfaction on the date of each Borrowing (including each Borrowing of a Swingline Loan) and on the date of each issuance of a Letter of Credit of the following conditions: (a) In the case of a Borrowing (other than a Swingline Loan), the Administrative Agent shall have received a Borrowing Request as required by Section 2.03 or, in the case of the issuance of a Letter of Credit, the applicable Issuing Bank and the Administrative Agent shall have received a notice requesting the issuance of such Letter of Credit as required by Section 2.19(b) or, in the case of a Borrowing of a Swingline Loan, the Swingline Lender and the Administrative Agent shall have received a notice requesting such Swingline Loan as required by the Swingline Loan Agreement. (b) The representations and warranties set forth in Article III hereof (except, in the case of a reborrowing of a Revolving Credit Borrowing that does not increase the aggregate principal amount of Revolving Credit Loans outstanding, the representations set forth in the last sentence of Section 3.08(b) and Section 3.15) and in each other Credit Document shall be true and correct in all material respects on and as of such date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Each of the Credit Parties shall be in compliance in all material respects with all the terms and provisions set forth herein and in each other Credit Document on its part to be observed or performed, and at the time of and immediately after such Borrowing or issuance of such Letter of Credit, as the case may be, no Event of Default or Default shall have occurred and be continuing. (d) In the case of a Borrowing of a Swingline Loan, the Borrower in respect thereof shall have executed and delivered to the Swingline Lender a Swingline Note, if requested by the Swingline Lender, complying with the provisions of Section 2.20(c). 01. Without limiting the foregoing, each Borrowing and each issuance of a Letter of Credit shall further be deemed to constitute a representation and warranty by Holding and ASI and by the applicable Borrower that on the basis of (i) such inquiries as one or more Financial Officers of ASI shall have deemed necessary and (ii) advice of counsel (which may be general advice or advice as to a particular Borrowing), the requested Borrowing is permitted under the provisions limiting Indebtedness in each Indenture to which ASI is party.

All Events. The obligations of the Lenders to make Loans and of the Issuing Banks to issue Letters of Credit hereunder are subject to the satisfaction on the date of each Borrowing (including each Borrowing of a Swingline Loan) and on the date of each issuance of a Letter of Credit of the following conditions: (a) In the case of a Borrowing (other than a Swingline Loan), the Administrative Agent shall have received a Borrowing Request as required by Section 2.03 or, in the case of the issuance of a Letter of Credit, the applicable Issuing Bank and the Administrative Agent shall have received a notice requesting the issuance of such Letter of Credit as required by Section 2.19(b) or, in the case of a Borrowing of a Swingline Loan, the Swingline Lender and the Administrative Agent shall have received a notice requesting such Swingline Loan as required by the Swingline Loan Agreement. (b) The representations and warranties set forth in Article III hereof (except, Except in the case of a reborrowing of a Revolving Credit Borrowing that does not increase the aggregate principal amount of Revolving Credit Loans of any Lender outstanding, the representations and warranties set forth in the last sentence of Section 3.08(b) and Section 3.15) Article III and in each other Credit Document shall be true and correct in all material respects on and as of such date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date. (c) Each of the Credit Parties shall be in compliance in all material respects with all the terms and provisions set forth herein and in each other Credit Document on its part to be observed or performed, and at the time of and immediately after such Borrowing or issuance of such Letter of Credit, as the case may be, no Event of Default or Default shall have occurred and be continuing. . Each Borrowing and each issuance of a Letter of Credit shall be deemed to constitute a representation and warranty by Holding and ASI and by the applicable Borrower (d) In but, in the case of a Borrower other 74 69 than ASI, only as to itself and its Subsidiaries) on the date of such Borrowing of a Swingline Loanor issuance, as the Borrower in respect thereof shall have executed and delivered case may be, as to the Swingline Lender a Swingline Note, if requested by the Swingline Lender, complying with the provisions matters specified in paragraphs (b) and (c) of this Section 2.20(c). 014.01. Without limiting the foregoing, each Borrowing and each issuance of a Letter of Credit shall further be deemed to constitute a representation and warranty by Holding and ASI and by the applicable Borrower that on the basis of (i) such inquiries as one or more Financial Officers of ASI shall have deemed necessary and (ii) advice of counsel (which may be general advice or advice as to a particular Borrowing), the requested Borrowing is permitted under the provisions limiting Indebtedness in each Senior Indenture to which ASI is a party and each indenture relating to the Subordinated Securities to which ASI is party.