Common use of Conditions Precedent to Each Credit Extension Clause in Contracts

Conditions Precedent to Each Credit Extension. The obligation of the Lenders to make each Loan and of the Issuing Bank to issue each Letter of Credit (or to amend, renew or extend (other than automatic renewal or extensions) of an outstanding Letter of Credit) on and after the Closing Date is subject to the satisfaction by the Loan Parties or the waiver of each of the following conditions precedent: (a) The Administrative Agent shall have received, in the case of a Borrowing, a Borrowing Request as required by SECTION 2.04 or SECTION 2.06, and in the case of the issuance, amendment, renewal or extension of a Letter of Credit, the Issuing Bank shall have received notice with respect thereto in accordance with SECTION 2.11. (b) All representations and warranties contained in this Agreement and the other Loan Documents or otherwise made in writing in connection herewith or therewith shall be true and correct in all material respects with the same effect as if made on and as of such date, other than representations and warranties that relate solely to an earlier date; and (c) Both before and after giving effect to each Credit Extension, (i) no Default or Event of Default shall have occurred and be continuing and (ii) Excess Availability shall not be less than zero (0). The request by the Borrowers for, and the acceptance by the Borrowers of, each Credit Extension shall be deemed to be a representation and warranty by the Loan Parties that the conditions specified in this SECTION 4.02 have been satisfied at that time and that after giving effect to such extension of credit the Borrowers shall continue to be in compliance with the then Borrowing Base. The conditions set forth in this SECTION 4.02 are for the sole benefit of the Administrative Agent and each other Credit Party and may be waived by the Administrative Agent (with the consent of the Required Lenders), in whole or in part, without prejudice to the rights of the Administrative Agent or any other Credit Party.

Conditions Precedent to Each Credit Extension. The obligation of the Lenders each Bank to make each Loan and of any Credit Extension (including the Issuing Bank to issue each Letter of initial Credit (or to amend, renew or extend (other than automatic renewal or extensionsExtension) of an outstanding Letter of Credit) on and after the Closing Date is shall be subject to the satisfaction by additional conditions precedent that on the Loan Parties or the waiver date of each of the following conditions precedent: such Credit Extension, immediately before and after giving effect to such Credit Extension (a) The Administrative Agent shall have receivedand, in the case of a Borrowing, to the application of proceeds therefrom) the following statements shall be true (and each of (a) the giving of a Notice of Borrowing Request as required and the acceptance by SECTION 2.04 or SECTION 2.06the Borrower of the proceeds of such Borrowing and (b) the submission of a request for issuance of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower that on the date of the applicable Credit Extension, immediately before and after giving effect thereto (and, in the case of a Borrowing, to the issuanceapplication of the proceeds therefrom), amendment, renewal or extension of a Letter of Credit, the Issuing Bank shall have received notice with respect thereto in accordance with SECTION 2.11.such statements are true): (bi) All The representations and warranties contained in this Agreement Section 7.01 (other than subsections (e)(i), (f) and (i) thereof) are correct in all material respects (or, if any such representation or warranty is qualified by materiality or material adverse effect, it is true and correct in all respects) on and as of the other Loan Documents or otherwise date of such Credit Extension as though made on and as of such date (except to the extent such representations and warranties specifically refer to an earlier date, in writing in connection herewith or therewith which case they shall be true and correct in all material respects with the same effect as (or, if made on any such representation or warranty is qualified by materiality or material adverse effect, shall be true and correct in all respects) as of such date, other than representations and warranties that relate solely to an earlier date); (ii) No event has occurred and is continuing, or would result from such Credit Extension (or, in the case of a Borrowing, from the application of the proceeds therefrom), which constitutes an Event of Default or an Unmatured Event of Default; and (ciii) Both before and after giving effect to each The Aggregate Revolving Credit ExtensionExposure at such time does not exceed the Aggregate Commitments at such time, (i) no Default or Event of Default shall have occurred and be continuing and (iib) Excess Availability shall not be less than zero (0). The request by the Borrowers for, and the acceptance by the Borrowers of, each Credit Extension shall be deemed to be a representation and warranty by the Loan Parties that the conditions specified in this SECTION 4.02 have been satisfied at that time and that after giving effect to such extension of credit the Borrowers shall continue to be in compliance with the then Borrowing Base. The conditions set forth in this SECTION 4.02 are for the sole benefit of the Administrative Agent and each shall have received such other Credit Party and may be waived by documents as any Bank through the Administrative Agent may reasonably request related to clause (with the consent of the Required Lenders), in whole a)(i) or in part, without prejudice to the rights of the Administrative Agent or any other Credit Party(a)(ii) above.

Conditions Precedent to Each Credit Extension. The obligation of the Lenders to make each Loan and of the Issuing Bank to issue each Letter of Credit (or to amend, renew or extend (other than automatic renewal or extensions) of an outstanding Letter of Credit) on and after the Closing Effective Date is subject to the satisfaction by the Loan Parties or the waiver of each of the following conditions precedent: (a) The Administrative Agent shall have received, in the case of a Borrowing, a Borrowing Request as required by SECTION 2.04 or SECTION 2.06Section 2.04, and in the case of the issuance, amendment, renewal or extension of a Letter of Credit, the Issuing Bank shall have received notice with respect thereto in accordance with SECTION Section 2.11. (b) All representations and warranties contained in this Agreement and the other Loan Documents or otherwise made in writing in connection herewith or therewith shall be true and correct in all material respects with the same effect as if made on and as of such date, other than representations and warranties that relate solely to an earlier date, which shall be true and correct in all material respects as of such earlier date; and (c) Both before and after giving effect to each Credit Extension, (ix) no Default or Event of Default shall have occurred and be continuing and (iiy) Excess Availability shall not be less than zero (0). The request by the Borrowers for, and the acceptance by the Borrowers of, each Credit Extension shall be deemed to be a representation and warranty by the Loan Parties that the conditions specified in this SECTION Section 4.02 have been satisfied at that time and that after giving effect to such extension of credit the Borrowers shall continue to be in compliance with the then Borrowing Base. The conditions set forth in this SECTION Section 4.02 are for the sole benefit of the Administrative Agent and each other Credit Party and may be waived by the Administrative Agent (with the consent of the Required Lenders), in whole or in part, without prejudice to the rights of the Administrative Agent or any other Credit Party.. DB1/ 118785215.8

Conditions Precedent to Each Credit Extension. The obligation of the Lenders to make each Loan and of the Issuing Bank to issue each Letter of Credit (or to amend, renew or extend (other than automatic renewal or extensions) of an outstanding Letter of Credit) on and after the Closing Date is subject to the satisfaction by the Loan Parties or the waiver of each of the following conditions precedent: (a) The Administrative Agent shall have received, in the case of a Borrowing, a Borrowing Request as required by SECTION 2.04 or SECTION 2.06Section 2.04, and in the case of the issuance, amendment, renewal or extension of a Letter of Credit, the Issuing Bank shall have received notice with respect thereto in accordance with SECTION Section 2.11. (b) All representations and warranties contained in this Agreement and the other Loan Documents or otherwise made in writing in connection herewith or therewith shall be true and correct in all material respects with the same effect as if made on and as of such date, other than representations and warranties that relate solely to an earlier date; and (c) Both before and after giving effect to each Credit Extension, (ix) no Default or Event of Default shall have occurred and be continuing and (iiy) Excess Availability shall not be less than zero (0). The request by the Borrowers for, and the acceptance by the Borrowers of, each Credit Extension shall be deemed to be a representation and warranty by the Loan Parties that the conditions specified in this SECTION Section 4.02 have been satisfied at that time and that after giving effect to such extension of credit the Borrowers shall continue to be in compliance with the then Borrowing Base. The conditions set forth in this SECTION Section 4.02 are for the sole benefit of the Administrative Agent and each other Credit Party and may be waived by the Administrative Agent (with the consent of the Required Lenders), in whole or in part, without prejudice to the rights of the Administrative Agent or any other Credit Party.