Common use of CONDITIONS FOR BORROWING Clause in Contracts

CONDITIONS FOR BORROWING. The obligation of the Lenders to provide the Borrowing on Drawdown date hereunder shall be subject to the fulfillment of the following terms and conditions: (a) The Lenders shall have received the Note/s (in the form as per attached Exhibit “A”), the accompanying Loan Payment Schedule (in the form as per attached Exhibit “E”), the Notice/s of Borrowing (in the form as per attached Exhibit “C”) and the Borrowing Certificate/s (in the form as per attached Exhibit “D”) duly executed by the Borrower in favor of the Lenders evidencing the Borrowing to be made on Drawdown date. (b) The Borrower shall have acknowledged receipt of, and shall have signified its agreement to, the duly executed disclosure statements required under the Truth in Lending Act (RA 3765) (in the form as per attached Exhibit “F”). (c) Each of the Loan Documents shall have been duly authorized by and executed by the parties thereto, and shall be legally binding on each of them in accordance with their respective terms. (d) The Lenders shall have received copies, certified by the Corporate Secretary of the Borrower, of the Securities and Exchange Commission Certificate of Registration, Articles of Incorporation and By Laws or other constitutive documents, as appropriate, of the Borrower, each as amended to date. (e) The Lenders shall have received a duly sworn certificate of the Corporate Secretary or appropriate officer of the Borrower in the form as per attached Exhibit “G”. (f) The Lenders shall have received satisfactory evidence that all fees, expenses and Taxes payable in connection with the preparation, execution and delivery of this Agreement and the Note/s have been paid in full by or on behalf of the Borrower. (g) The Lenders shall have received such other approvals, certificates or other document which the Lenders may reasonably request from the Borrower for the execution of the Loan documents.

CONDITIONS FOR BORROWING. The obligation In addition to all conditions to borrowing set forth in Section 5.1 of the Lenders Master Loan Agreement, Lender's obligation to provide make any advance under the Borrowing on Drawdown date hereunder shall be Loan described in this Supplement is subject to the fulfillment satisfaction or waiver by Lender in writing of the following terms conditions: 3.1 Lender shall have received the following by the applicable Closing Date, all in form, detail and conditionscontent satisfactory to Lender: (a) The Lenders shall have received On or before the Note/s (in the form as per attached Exhibit “A”)first Closing Date, the accompanying Loan Payment Schedule (in the form as per attached Exhibit “E”), the Notice/s of Borrowing (in the form as per attached Exhibit “C”) and the Borrowing Certificate/s (in the form as per attached Exhibit “D”) Term Note H duly executed by the Borrower in favor of the Lenders evidencing the Borrowing to be made on Drawdown dateCAS. (b) The Borrower shall have acknowledged receipt ofOn or before each Closing Date, a Disbursement Request and shall have signified its agreement to, the Authorization duly executed disclosure statements required under the Truth in Lending Act (RA 3765) (in the form as per attached Exhibit “F”).by CAS; (c) Each of On or before the Loan Documents shall have been duly authorized by and executed by first Closing Date, the parties thereto, and shall be legally binding on each of them in accordance with their respective terms.Commitment Fee; (d) The Lenders shall On or before the first Closing Date, Commercial Security Agreement, duly executed by CAS, together with any and all other documents or instruments Lender reasonably deems necessary to grant to Lender and perfect a first position Lien in the collateral described therein; provided, however, that Lender agrees that CAS will not have received copiesownership of or the right to grant a first position Lien in an Engine until it has purchased the Engine, certified by and the Corporate Secretary of the Borrower, of the Securities and Exchange Commission Certificate of Registration, Articles of Incorporation and By Laws or other constitutive documents, as appropriate, of the Borrower, each as amended to date.Engines will be purchased in multiple Closings on different Closing Dates; (e) The Lenders shall have received On or before each Closing Date, evidence in a duly sworn certificate of form reasonably acceptable to Lender that, prior to or concurrently with such Closing Date, CAS acquired the Corporate Secretary or appropriate officer of the Borrower Engine(s) to be purchased on such Closing Date, and such Engine(s) is/are described in the form as per attached Exhibit “G”.Commercial Security Agreement, and such collateral is owned free and clear of all liens, claims and encumbrances; (f) The Lenders shall have received satisfactory On or before the first Closing Date, evidence in a form reasonable acceptable to Lender that all fees, expenses CAS has obtained the insurance required under the Commercial Security Agreement and Taxes payable in connection has otherwise complied with the preparation, execution and delivery terms of this Agreement and the Note/s have been paid in full by or on behalf of the Borrower.such section; (g) The Lenders shall have received such other approvalsOn or before the first Closing Date, certificates evidence in a form reasonably acceptable to Lender that CAS has the due power and authority to execute and perform this Supplement; and (h) On or other document which before the Lenders may first Closing Date, evidence in a form reasonably request from acceptable to Lender that CAS has the Borrower for due power and authority to execute and perform Term Note H and the execution of the Loan documentsCommercial Security Agreement.

CONDITIONS FOR BORROWING. (a) The obligation of the Lenders to provide permit the first Borrowing on Drawdown date hereunder shall be under the Revolving Facility is subject to the fulfillment of following additional conditions that, on the following terms and conditionsdate thereof: (ai) The no Event of Default or Potential Default shall have occurred and be continuing; (ii) the Agent shall have received a Draw Request and an Officer's Certificate (including in such Certificate a statement that the representations and warranties set out in Section 16.1 are true and correct as of the date thereof); (iii) the Lenders shall have received projected financial statements of the Note/s Borrower and its Subsidiaries for the three-year period 2004-2007 and shall be satisfied with such projected statements; (in iv) all fees then due to the form as per attached Exhibit “A”), the accompanying Loan Payment Schedule (in the form as per attached Exhibit “E”), the Notice/s of Borrowing (in the form as per attached Exhibit “C”) Agent and the Borrowing Certificate/s Lenders shall have been paid and the Agent and the Lenders shall have been reimbursed for all expenses incurred and invoiced by them to that date; (v) no event or circumstance shall have occurred since September 30, 2003 which would result in a Material Adverse Effect; (vi) the Agent shall have received, in form as per attached Exhibit “D”and substance satisfactory to it, acting reasonably, a legal opinion from Bull, Housser & Tupper, counsel to the Borrower, and a leg▇▇ ▇▇▇nion from Fraser Milner Casgrain LLP, counsel to the Lender▇ ▇▇▇ the Agent; (vii) duly executed by all bank credit facilities of the Borrower and its Material Subsidiaries, other than as described in favor Schedule C, and the Series B-D Notes shall have been repaid and cancelled, or arrangements for repayment and cancellation satisfactory to the Agent shall have been made; (viii) all steps, proceedings and registrations reasonably required by counsel for the Agent in connection with the Loan Documents shall have been satisfactorily completed; (ix) the Agent shall have received, in form and substance satisfactory to it, all agreements that it requires from any landlord of the Lenders evidencing Borrower and of any Material Subsidiary; (x) the Borrowing to be made on Drawdown dateAgent shall have received all other documents and agreements as the Agent may reasonably require. (b) The Borrower obligations of the Lenders to permit subsequent Borrowings are subject to the following additional conditions that, on the date thereof: (i) no Event of Default or Potential Default shall have acknowledged receipt of, occurred and shall have signified its agreement to, the duly executed disclosure statements required under the Truth in Lending Act (RA 3765) (in the form as per attached Exhibit “F”).be continuing; (cii) Each the representations and warranties set out in Section 16.1 (and Section 16.1(d) shall be read as if it referred to the most recent Financial Statements delivered to the Agent pursuant to Sections 17.4(a) and (b)) are true and correct; and (iii) the aggregate of the Loan Documents shall have been duly authorized by amounts outstanding of all Loans and executed by the parties thereto, and shall be legally binding on each of them in accordance with their respective terms. (d) The Lenders shall have received copies, certified by the Corporate Secretary amount of the Borrowerrequested Borrowing (including in each case, Loans outstanding and requested as Swingline Loans, BA Loans and as Letters of Credit) shall not exceed the Securities and Exchange Commission Certificate of Registration, Articles of Incorporation and By Laws or other constitutive documents, as appropriate, of the Borrower, each as amended to dateRevolving Facility Maximum Amount. (e) The Lenders shall have received a duly sworn certificate of the Corporate Secretary or appropriate officer of the Borrower in the form as per attached Exhibit “G”. (f) The Lenders shall have received satisfactory evidence that all fees, expenses and Taxes payable in connection with the preparation, execution and delivery of this Agreement and the Note/s have been paid in full by or on behalf of the Borrower. (g) The Lenders shall have received such other approvals, certificates or other document which the Lenders may reasonably request from the Borrower for the execution of the Loan documents.

CONDITIONS FOR BORROWING. The obligation In addition to all conditions to borrowing set forth in Section 5.1 of the Lenders Master Loan Agreement, ▇▇▇▇▇▇’s obligation to provide make any advance under the Borrowing on Drawdown date hereunder shall be Loan described in this Supplement is subject to the fulfillment satisfaction or waiver by Lender in writing of the following terms and conditions: (a) The Lenders : 3.1 Lender shall have received the Note/s following by the applicable Closing Date, all in form, detail and content satisfactory to Lender: (in a) On or before the form as per attached Exhibit “A”)first Closing Date, the accompanying Loan Payment Schedule (in the form as per attached Exhibit “E”), the Notice/s of Borrowing (in the form as per attached Exhibit “C”) and the Borrowing Certificate/s (in the form as per attached Exhibit “D”) Term Note I duly executed by the Borrower in favor of the Lenders evidencing the Borrowing to be made on Drawdown date. CAS; (b) The Borrower shall On or before each Closing Date, a Disbursement Request and Authorization duly executed by CAS; (c) On or before the first Closing Date, payment of Lender’s Costs; (d) On or before the first Closing Date, Commercial Security Agreement, duly executed by CAS, together with any and all other documents or instruments Lender reasonably deems necessary to grant to Lender and perfect a first position Lien in the collateral described therein; provided, however, that ▇▇▇▇▇▇ agrees that CAS will not have acknowledged receipt ofownership of or the right to grant a first position Lien in an Engine until it has purchased the Engine, and shall have signified its agreement tothe Engines will be purchased in multiple Closings on different Closing Dates; (e) On or before each Closing Date, evidence in a form reasonably acceptable to Lender that, prior to or concurrently with such Closing Date, CAS acquired the duly executed disclosure statements Engine(s) to be purchased on such Closing Date, and such Engine(s) is/are described in the Commercial Security Agreement, and such collateral is owned free and clear of all liens, claims and encumbrances; (f) On or before the first Closing Date, evidence in a form reasonable acceptable to Lender that CAS has obtained the insurance required under the Truth in Lending Act (RA 3765) (in the form as per attached Exhibit “F”). (c) Each of the Loan Documents shall have been duly authorized by Commercial Security Agreement and executed by the parties thereto, and shall be legally binding on each of them in accordance with their respective terms. (d) The Lenders shall have received copies, certified by the Corporate Secretary of the Borrower, of the Securities and Exchange Commission Certificate of Registration, Articles of Incorporation and By Laws or other constitutive documents, as appropriate, of the Borrower, each as amended to date. (e) The Lenders shall have received a duly sworn certificate of the Corporate Secretary or appropriate officer of the Borrower in the form as per attached Exhibit “G”. (f) The Lenders shall have received satisfactory evidence that all fees, expenses and Taxes payable in connection has otherwise complied with the preparation, execution and delivery terms of this Agreement and the Note/s have been paid in full by or on behalf of the Borrower. such section; (g) The Lenders shall have received such other approvalsOn or before the first Closing Date, certificates evidence in a form reasonably acceptable to Lender that CAS has the due power and authority to execute and perform this Supplement; and 4 (h) On or other document which before the Lenders may first Closing Date, evidence in a form reasonably request from acceptable to Lender that CAS has the Borrower for due power and authority to execute and perform Term Note I and the execution of the Loan documentsCommercial Security Agreement.