Common use of Conditions Precedent to all Credit Extensions Clause in Contracts

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of the LC Issuer to issue or modify any Facility LC shall be subject to the conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of the each LC Issuer to issue or modify any Facility LC shall be subject to the conditions precedent that (a) the Closing Effective Date shall have occurred, occurred and (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (xi) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (yii) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of the each LC Issuer to issue or modify any Facility LC shall be subject to the conditions precedent that (a) the Closing Effective Date shall have occurred, occurred and (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of Each Credit Extension hereunder on or after the LC Issuer to issue or modify any Facility LC Closing Date shall be subject to the conditions precedent that that: (a) the Closing Date shall have occurred, (b) in the case of a BorrowingLoan, the Borrower shall have delivered to the Administrative Agent shall have received consents to and each Lender a Loan Request for such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all LendersLoan, and (c) in the case of a Letter of Credit, the Borrower shall have delivered to the Administrative Agent and the LC Bank, a Letter of Credit Application and an LC Request, in each case, in accordance with Section 2.02(a) or Section 3.02(a), as applicable; (b) the Servicer shall have delivered to the Administrative Agent and each Lender all Monthly Reports and Interim Reports required to be delivered hereunder; (c) the conditions precedent to such Credit ExtensionsExtension specified in Section 2.01(i) through (iii) and Section 3.01(a), as applicable, shall be satisfied; and (d) on the date of such Credit Extension, Extension the following statements shall be true and correct (and (x) upon the giving occurrence of such Credit Extension, the applicable Notice of Borrowing Borrower and the acceptance by the Borrower of the proceeds of Advances pursuant thereto Servicer shall be deemed to have represented and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower warranted that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are truethen true and correct): (Ai) the representations and warranties of the Borrower and the Servicer contained in Section 4.01 (excluding the representations Sections 7.01 and warranties set forth 7.02 are true and correct in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct all material respects on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date unless such representations and warranties by their terms refer to an earlier date; and, in which case they shall be true and correct in all material respects on and as of such earlier date; (Bii) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect has occurred and is continuing, and no Event of Default or Unmatured Event of Default would result from such Credit Extension; (iii) no Borrowing Base Deficit exists or would exist after giving effect to such Credit Extension; and (iv) the BorrowerTermination Date has not occurred.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (true, and (xa) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yb) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true):: (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; provided that this Section 3.02(A) shall not apply to the representations and warranties set forth in Sections 4.01(e)(i)(B), 4.01(e)(ii)(B), 4.01(e)(iii)(B) and 4.01(e)(iv)(B) and the first sentence of Section 4.01(f) with respect to a Borrowing if the proceeds of such Borrowing will be used exclusively to repay such Borrower’s commercial paper (and, in the event of any such Borrowing, the Administrative Agent may require the applicable Borrower to deliver information sufficient to disburse the proceeds of such Borrowing directly to the holders of such commercial paper or a paying agent therefor); and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of the each LC Issuer to issue or modify Modify any Facility LC shall be subject to the conditions precedent that (a) the Closing Effective Date shall have occurred, occurred and (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (true, and (xa) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yb) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true):: (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; provided that this Section 3.02(A) shall not apply to the representations and warranties set forth in Sections 4.01(e)(i)(B), 4.01(e)(ii)(B) and 4.01(e)(iii)(B) and the first sentence of Section 4.01(f) with respect to a Borrowing if the proceeds of such Borrowing will be used exclusively to repay such Borrower’s commercial paper (and, in the event of any such Borrowing, the Administrative Agent may require the applicable Borrower to deliver information sufficient to disburse the proceeds of such Borrowing directly to the holders of such commercial paper or a paying agent therefor); and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender Bank to make any Advance and of each Credit Extension, including the LC Issuer to issue or modify any Facility LC shall be initial Credit Extension, is further subject to the conditions precedent that following conditions: (a) the Closing Date shall have occurred, receipt by Bank of (i) a Loan Advance/Paydown Request Form and Loan Supplement in accordance with Section 2.1(a) and (ii) a Borrowing Base Certificate signed by a Responsible Officer; (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 5 shall be true and correct in all material respects (excluding the except that such materiality qualifier shall not be applicable to any representations and warranties set forth in Section 4.01(e)(iithat already are qualified or modified by materiality) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Loan Advance/Paydown Request Form and Loan Supplement and on the effective date of each Credit ExtensionExtension as though made at and as of each such date, (c) no Event of Default shall have occurred and be continuing, before and or would exist after giving effect to such Credit Extension Extension; (d) no event shall have occurred or shall be pending or overtly threatened in writing that would reasonably be expected to have a Material Adverse Effect upon the ability of Borrower to meet its obligations under this Agreement; and, (e) solely in the case of the initial Advance occurring on our around the Closing Date and any Advance thereafter prior to the date that Borrower has complied with Section 6.6(b)(v), such Advance(s) shall not exceed $10,000,000 in the aggregate at any time. The making of Advances, each Credit Extension shall be deemed to be a representation and warranty by Borrower on the application date of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in as to the case accuracy of the making of Advancesfacts referred to in this Section 3.2(b), from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower(c) and (d).

Conditions Precedent to all Credit Extensions. The obligation On the date of each Lender to make any Advance Borrowing (including each Swingline Borrowing) and on the date of the LC Issuer to issue each issuance, amendment, extension or modify any Facility LC shall be subject to the conditions precedent that renewal of a Letter of Credit: (a) the Closing Date Borrower shall have occurreddelivered to the Administrative Agent a customary Borrowing Request, or LC Request as the case may be; (b) in Availability on the case proposed date of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is shall be equal to be comprised of Eurodollar Rate Advances, to or greater than the making amount of such Type proposed Borrowing or issuance of Advances), substantially in the form Letters of Exhibit C, from all Lenders, and Credit; (c) in no Default or Event of Default shall exist at the case of all Credit Extensionstime of, on the date of or result from, such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance funding or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true):issuance; (Ad) the representations and warranties of each Loan Party set forth in Article III of this Agreement or in any Security Document shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) on the Borrower contained in Section 4.01 date of, and upon giving effect to, such funding or issuance (excluding the except for representations and warranties set forth that expressly relate to an earlier date, in Section 4.01(e)(iiwhich case such representations and warranties shall be true and correct in all material respects as such earlier date); and (e) and with respect to the first sentence issuance of Section 4.01(f)any Letter of Credit, the LC Conditions shall be satisfied. Each request by the Borrower for funding of a Revolver Loan, or issuance of a Letter of Credit shall constitute a representation by the Borrower that the conditions in clauses (b) through (d) above are correct satisfied on and as of the date of such Credit Extension, before request and after giving effect to such Credit Extension and, in on the case of the making of Advances, the application of the proceeds therefrom, as though made on and as date of such date; and (B) no event has occurred and is continuing, funding or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrowerissuance.

Conditions Precedent to all Credit Extensions. The obligation of each Lender and each Fronting Bank to make any Advance and of the LC Issuer to issue or modify any Facility LC Credit Extension shall be subject to the prior or concurrent satisfaction (in form and substance reasonably satisfactory to the Administrative Agent) of each of the conditions precedent that set forth below: (a) the The Closing Date shall have occurred, ; (b) in the case of a Borrowing, the Administrative Agent The applicable Borrower shall have received consents to such delivered a Notice of Borrowing (and, if such requested Borrowing is to be comprised in accordance with Section 2.2(b) or a Letter of Eurodollar Rate Advances, to the making of such Type of AdvancesCredit Notice in accordance with Section 3.1(b) or Section 3.2(b), substantially in the form of Exhibit C, from all Lenders, and as applicable. (c) in the case Each of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties Borrowers set forth in Section 4.01(e)(ii) this Agreement and in the first sentence of Section 4.01(f)) other Credit Documents qualified as to materiality are true and correct on and those not so qualified are true and correct in all material respects, in each case only as of the date of such any Credit Extension, with the same effect as if made on and as of such date, both immediately before and after giving effect to Credit Extension (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty is true and correct (if qualified as to materiality) or true and correct in all material respects (if not so qualified), in each case only on and as of such specific date); (d) With respect to the making of any Credit Extension, the limitation on amounts set forth under Section 2.1 will not be exceeded immediately after giving effect thereto; (e) With respect to the Issuance of any Letter of Credit, the conditions in Section 3.3 have been satisfied; and (f) No Default or Event of Default shall have occurred and be continuing on such date, both immediately before and after giving effect to such Credit Extension andExtension. Each giving of a Notice of Borrowing or a Letter of Credit Notice, and the consummation of each Credit Extension, shall be deemed to constitute a representation and warranty by the applicable Borrower that the statements contained in the case Section 4.2(c) through Section 4.2(f) above are true, both as of the making date of Advances, the application of the proceeds therefrom, as though made on such notice or request and as of such date; and (B) no event has occurred and is continuing, or would result from the date such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borroweris made.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit CF, from all Lenders, and (cb) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (and (xi) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yii) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such the applicable Advances or the issuance or Modification of such the applicable Facility LC such statements are true): (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (true, and (xa) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yb) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true):: (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; provided that this Section 3.02(A) shall not apply to the representations and warranties set forth in Section 4.01(e) with respect to a Borrowing if the proceeds of such Borrowing will be used exclusively to repay commercial paper (and, in the event of any such Borrowing, the Administrative Agent may require the applicable Borrower to deliver information sufficient to disburse the proceeds of such Borrowing directly to the holders of such commercial paper or a paying agent therefore); and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit CF, from all Lenders, and (cb) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (and (xi) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yii) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such the applicable Advances or the issuance or Modification of such the applicable Facility LC such statements are true): (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding other than the representations and warranties set forth contained in Section 4.01(e)(iiSections 4.01(e)(i)(B), 4.01(e)(ii)(B), 4.01(e)(iii)(B) and 4.01(e)(iv)(B) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit CF, from all Lenders, and (cb) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (and (xi) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yii) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such the applicable Advances or the issuance or Modification of such the applicable Facility LC such statements are true): (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding other than the representations and warranties set forth contained in Section 4.01(e)(iiSections 4.01(e)(i)(B), 4.01(e)(ii)(B) and 4.01(e)(iii)(B) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of the LC Issuer to issue or modify any Facility LC shall be subject to the conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for Docket No. 16- ComEd Ex. 2.04 Page 236 of 396 the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (true, and (xa) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yb) the request by the a Borrower for the issuance or Modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true):: (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender and each Fronting Bank to make any Advance and of the LC Issuer to issue or modify any Facility LC Credit Extension shall be subject to the prior or concurrent satisfaction (in form and substance reasonably satisfactory to the Administrative Agent) of each of the conditions precedent that set forth below: (a) the The Closing Date shall have occurred, ; (b) in the case of a Borrowing, the Administrative Agent Allied World shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised delivered a Letter of Eurodollar Rate Advances, to the making of such Type of AdvancesCredit Notice in accordance with Section 2.1(b) or Section 2.2(b), substantially in the form of Exhibit C, from all Lendersas applicable, and a Collateral Base Report on the Business Day immediately preceding the proposed date of Issuance; (c) in the case Each of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section 4.01 (excluding the representations and warranties Credit Parties set forth in Section 4.01(e)(ii) this Agreement and in the first sentence of Section 4.01(f)) other Credit Documents qualified as to materiality are true and correct on and those not so qualified are true and correct in all material respects, in each case only as of the date of such any Credit Extension, with the same effect as if made on and as of such date, both immediately before and after giving effect to Credit Extension (except to the extent any such representation or warranty is expressly stated to have been made as of a specific date, in which case such representation or warranty is true and correct (if qualified as to materiality) or true and correct in all material respects (if not so qualified), in each case only on and as of such specific date); (d) With respect to the Issuance of any Letter of Credit, the conditions in Section 2.4 have been satisfied; and (e) No Default or Event of Default shall have occurred and be continuing on such date, both immediately before and after giving effect to such Credit Extension andExtension. Each giving of a Letter of Credit Notice, and the consummation of each Credit Extension, shall be deemed to constitute a representation and warranty by Allied World that the statements contained in the case Section 3.2(c) through Section 3.2(e) above are true, both as of the making date of Advances, the application of the proceeds therefrom, as though made on such notice or request and as of such date; and (B) no event has occurred and is continuing, or would result from the date such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borroweris made.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance and of the each LC Issuer to issue or modify any Facility LC shall be subject to the conditions precedent that (a) the Closing Effective Date shall have occurred, occurred and (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, the following statements shall be true (and (x) the giving of the applicable Notice of Borrowing and the acceptance by the Borrower of the proceeds of Advances pursuant thereto and (y) the request by the Borrower for the issuance or Modification of a Facility LC (as applicable) shall constitute a representation and warranty by the Borrower that on the date of the making of such Advances or the issuance or Modification of such Facility LC such statements are true): (A) the representations and warranties of the Borrower contained in Section Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the Borrower.

Conditions Precedent to all Credit Extensions. The obligation of each Lender to make any Advance to any Borrower and of the LC Issuer to issue or modify any Facility LC for the account of any Borrower shall be subject to the further conditions precedent that (a) the Closing Date shall have occurred, (b) in the case of a Borrowing, the Administrative Agent shall have received consents to such Borrowing (and, if such requested Borrowing is to be comprised of Eurodollar Rate Advances, to the making of such Type of Advances), substantially in the form of Exhibit C, from all Lenders, and (c) in the case of all Credit Extensions, on the date of such Credit Extension, Extension the following statements shall be true (true, and (xi) the giving of the applicable Notice of Borrowing and the acceptance by the applicable Borrower of the proceeds of Advances pursuant thereto and (yii) the request by the a Borrower for the issuance or Modification modification of a Facility LC (as applicable) shall shall, in each case, constitute a representation and warranty by the such Borrower that on the date of the making of such Advances or the issuance or Modification modification of such Facility LC such statements are true):: (A) the The representations and warranties of the such Borrower contained in Section 4.01 (excluding the representations and warranties set forth in Section 4.01(e)(ii) and the first sentence of Section 4.01(f)) are correct on and as of the date of such Credit Extension, before and after giving effect to such Credit Extension and, in the case of the making of Advances, the application of the proceeds therefrom, as though made on and as of such date; and (B) no No event has occurred and is continuing, or would result from such Credit Extension or, in the case of the making of Advances, from the application of the proceeds therefrom, that constitutes an Event of Default or Unmatured Event of Default with respect to the such Borrower.