Common use of Conditions Precedent to Each Borrowing and Issuance and Renewal Clause in Contracts

Conditions Precedent to Each Borrowing and Issuance and Renewal. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Revolving Credit Lender pursuant to Section 2.03(c) and a Swing Line Advance made by a Revolving Credit Lender pursuant to Section 2.02(b)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the U.S. Borrower to request a Swing Line Borrowing, shall be subject (a) to the further conditions precedent that on the date of such Borrowing or issuance or renewal the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by the Applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such Borrower that both on the date of such notice and on the date of such Borrowing or issuance or renewal such statements are true):" (n) Section 5.01(j) is amended by adding immediately after the phrase "new direct Subsidiary" in clause (y) thereof the parenthetical "(other than the Receivables Subsidiary)". (o) Section 5.02(a) is amended by (i) deleting the word "and" at the end of clause (vii); (ii) adding the word "and" to the end of clause (viii) and (iii) adding a new clause (ix) immediately following clause (viii) thereof to read as follows:

Conditions Precedent to Each Borrowing and Issuance and Renewal. The obligation of each Appropriate Lender to make an Advance (other than a Letter of Credit Advance made by an Issuing Bank or a Revolving Credit Lender pursuant to Section 2.03(c) and a Swing Line Advance made by a Revolving Credit Lender pursuant to Section 2.02(b)) on the occasion of each Borrowing (including the initial Borrowing), and the obligation of each an Issuing Bank to issue a Letter of Credit (including the initial issuance) or renew a Letter of Credit and the right of the U.S. Borrower to request a Swing Line Borrowing, shall be subject (a) to the further conditions precedent that on the date of such Borrowing or issuance or renewal (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing, Notice of Swing Line Borrowing, Notice of Issuance or Notice of Renewal and the acceptance by the Applicable Borrower of the proceeds of such Borrowing or of such Letter of Credit or the renewal of such Letter of Credit shall constitute a representation and warranty by such the Borrower that both on the date of such notice and on the date of such Borrowing or issuance or renewal such statements are true):" (ni) Section 5.01(j) is amended by adding immediately after the phrase "new direct Subsidiary" representations and warranties contained in clause (y) thereof the parenthetical "each Loan Document (other than the Receivables Subsidiaryrepresentations and warranties included in Section 4.01(g)(ii) and Section 4.01(f)(i)".) are true and correct in all material respects (provided, that those representations and warranties which are already qualified as to materiality or as to Material Adverse Effect shall be true and correct in all respects (after giving effect to such qualification therein)) on and as of such date, before and after giving effect to such Borrowing or issuance or renewal and to the application of the proceeds therefrom, as though made on and as of such date, other than any such representations or warranties that, by their terms, refer to a specific date other than the date of such Borrowing or issuance or renewal, in which case as of such specific date; and (o) Section 5.02(a) is amended by (i) deleting the word "and" at the end of clause (vii); (ii) adding no Default has occurred and is continuing, or would result from such Borrowing or issuance or renewal or from the word "and" to application of the end of clause (viii) and (iii) adding a new clause (ix) immediately following clause (viii) thereof to read as follows:proceeds therefrom;