Common use of Conditions Precedent to Each Withdrawal Clause in Contracts

Conditions Precedent to Each Withdrawal. The Borrower may make a Withdrawal on each Withdrawal Date subject to the satisfaction, or waiver by the Required Lenders in accordance with this Agreement of the following conditions: (a) the representations and warranties of Borrower or its Subsidiaries contained in this Agreement or in the other Loan Documents shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Withdrawal, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) as of such earlier date); (b) no Default or Event of Default shall have occurred and be continuing on the date of such Withdrawal, nor shall either result from the making thereof; (c) no later than 34 days after the Petition Date, the Bankruptcy Court shall have entered a Final Order; (d) the Interim Order or Final Order, as the case may be, shall be in full force and effect and shall not have been vacated, reversed, modified, amended or stayed in any respect without the consent of the Agent and Required Lenders; (e) availability under the DIP Revolving Credit Agreement shall not exceed $50,000 (after giving effect to the borrowing amounts set forth in any pending borrowing requests delivered by the Borrower to the DIP Revolving Agent); (f) the Withdrawal complies with the DIP Budget (including any permitted variances pursuant to Section 7); (g) the Withdrawal shall not exceed the aggregate amount permitted under the DIP Budget or this Agreement on a weekly basis and the use of the proceeds shall be in compliance in all material respects with this Agreement; and (h) delivery to the Agent, of a Notice of Withdrawal, duly executed and completed, consented to and acknowledged in accordance with Section 2.3(a)(iii).