Common use of Conditions Precedent to Each B Borrowing Clause in Contracts

Conditions Precedent to Each B Borrowing. The obligation of each Bank which is to make a B Advance on the occasion of a B Borrowing to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (a) the Administrative Agent shall have received the Bid Accept/Reject Letter of such B Borrowing contemplated by Section 2.04(d)), otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.04, and (b) on the date of such B Borrowing the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by the Borrower that on the date of such B Borrowing such statements are true): (i) the representations and warranties contained in Article V, other than Section 5.04(b) and Section 5.05, are correct in all material respects on and as of the date of such B Borrowing, before and after giving effect to such B Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, (ii) no event has occurred and is continuing, or would result from such B Borrowing or from the application of the proceeds therefrom, which constitutes a Default or an Event of Default, and (iii) following the making of such B Borrowing and all other Borrowings to be made on the same day to the Borrower under this Agreement, the aggregate principal amount of all Advances then outstanding shall not exceed the aggregate amount of the Commitments to the Borrower (computed without regard to any B Reduction).

Conditions Precedent to Each B Borrowing. The obligation of each Bank ---------------------------------------- A Lender which is to make a B Advance on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (ai) the Administrative Agent shall have received the Bid Accept/Reject Letter written confirmatory Notice of such B Borrowing with respect thereto or the notices from the Borrower contemplated by the second sentence of Section 2.04(d)), otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.04, 2.03(a)(v) and (bii) on the date of such B Borrowing the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by the Borrower that on the date of such B Borrowing such statements are true): (ia) the The representations and warranties contained in Article V, Section 6.01 (other than the last sentence of Section 5.04(b6.01(e)) and Section 5.05, are correct in all material respects on and as of the date of such B Borrowing, before and after giving effect to such B Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, (iib) no (i) No event has occurred and is continuing, or would result from such B Borrowing or from the application of the proceeds therefrom, which constitutes a Default or an Event of Default, and (iii) following the making of such B Borrowing and all other Borrowings to be made on the same day to the Borrower under this Agreement, the aggregate principal amount of all Advances then outstanding shall not exceed the aggregate amount of the Commitments to the Borrower (computed without regard to any B Reduction).of

Conditions Precedent to Each B Borrowing. The obligation ---------------------------------------- of each Bank A Lender which is to make a B Advance on the occasion of a B Borrowing (including the initial B Borrowing) to make such B Advance as part of such B Borrowing is subject to the further conditions precedent that (ai) the Administrative Agent shall have received the Bid Accept/Reject Letter written confirmatory Notice of such B Borrowing with respect thereto or the notices from the Borrower contemplated by the second sentence of Section 2.04(d)), otherwise on such terms as were agreed to for such B Advance in accordance with Section 2.04, 2.03(a)(v) and (bii) on the date of such B Borrowing the following statements shall be true (and each of the giving of the applicable Notice of B Borrowing and the acceptance by the Borrower of the proceeds of such B Borrowing shall constitute a representation and warranty by the Borrower that on the date of such B Borrowing such statements are true): (ia) the The representations and warranties contained in Article V, Section 6.01 (other than the last sentence of Section 5.04(b6.01(e)) and Section 5.05, are correct in all material respects on and as of the date of such B Borrowing, before and after giving effect to such B Borrowing and to the application of the proceeds therefrom, as though made on and as of such date, (iii) no No event has occurred and is continuing, or would result from such B Borrowing or from the application of the proceeds therefrom, which constitutes a Default or an Event of Default or Default and (ii) no event has occurred and is continuing which constitutes an "Event of Default" or "Default" under the Five-Year Credit Agreement, and (iii) following the making of such B Borrowing and all other Borrowings to be made on the same day to the Borrower under this Agreement, the aggregate principal amount of all Advances then outstanding shall not exceed the aggregate amount of the Commitments to the Borrower (computed without regard to any B Reduction).