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

Conditions Precedent to Each Committed Borrowing. The obligation of each Lender to make an Advance on the occasion of each Borrowing (including the initial Committed Borrowing) shall be subject to the further conditions precedent that on the date of such Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Borrowing and acceptance by the Borrower requesting such Borrowing of the proceeds of such Borrowing shall constitute a representation and warranty by such Borrower that on the date of such Borrowing such statements are true): (i) The representations and warranties contained in Article IV are correct on and as of the date of such Borrowing (except (x) to the extent that such representations and warranties expressly relate solely to an earlier date and then shall be correct as of such date and (y) that the representation and warranty set forth in Section 4.03 as to lack of material adverse change is made since the date of the then most recent financial statement delivered pursuant to Section 5.01 (a)(ii)), before and after giving effect to such Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; and (ii) No event has occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or a Potential Event of Default.

Conditions Precedent to Each Committed Borrowing. The obligation of each Lender to make an a Committed Advance on the occasion of each Committed Borrowing (including the initial Committed Borrowing) shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such Borrowing (a) the following statements shall be true (and each of the giving of the applicable Notice of Committed Borrowing and the acceptance by the Borrower requesting such Borrowing of the proceeds of such Borrowing shall constitute a representation and warranty by such the Borrower that on the date of such Borrowing such statements are true): (i) The the representations and warranties contained in Article IV Section 4.01 are correct on and as of the date of such Borrowing (except (x) to the extent that such representations and warranties expressly relate solely to an earlier date and then shall be correct as of such date and (y) that the representation and warranty set forth in Section 4.03 as to lack of material adverse change is made since the date of the then most recent financial statement delivered pursuant to Section 5.01 (a)(ii)), before and after giving effect to such Borrowing and to the application of the proceeds therefrom, as though made on and as of such date; and (ii) No no event has occurred and is continuing, or would result from such Borrowing or from the application of the proceeds therefrom, which that constitutes an Event of Default a Default; and (b) the Agent shall have received such other approvals, opinions or a Potential Event of Defaultdocuments as any Lender through the Agent may reasonably request.