Common use of Conditions Precedent to Clause in Contracts

Conditions Precedent to. Each Borrowing Increasing the ----------------------------------------------------- Aggregate Amount of Advances. The obligation of each Lender to make an A ---------------------------- Advance on the occasion of each A Borrowing (including the initial A Borrowing) which would increase the aggregate outstanding amount of A Advances owing to such Lender over the aggregate outstanding amount of A Advances owing to such Lender immediately prior to the making of such A Advance, shall be subject to the further conditions precedent that on the date of such A Borrowing the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing such statements are true): (i) The representations and warranties contained in Section 4.01 are correct on and as of the date of such A Borrowing, 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 A Borrowing or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or both.

Conditions Precedent to. Each Borrowing Increasing the Borrowing, Each Increase ----------------------------------------------------- Aggregate Amount of AdvancesDate and Each Extension Date. The obligation of each Lender to make an A Advance ---------------------------- Advance on the occasion of each A Borrowing (including the initial A Borrowing, each increase of Commitments pursuant to Section 2.05(b) which would increase the aggregate outstanding amount and each extension of A Advances owing Commitments pursuant to such Lender over the aggregate outstanding amount of A Advances owing to such Lender immediately prior to the making of such A Advance, Section 2.17 shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such A Borrowing Borrowing, such Increase Date or the applicable Extension Date the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing Borrowing, request for Commitment increase, request for Commitment extension and the acceptance by the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing Borrowing, such Increase Date or such Extension Date such statements are true): (ia) The the representations and warranties contained in Section 4.01 (excluding, in the case of Borrowings, clauses (g) and (i)(i) of Section 4.01) are correct in all material respects on and as of the date of such A Borrowingdate, before and after giving effect to such Borrowing Borrowing, such Increase Date or such Extension Date and to the application of the proceeds therefrom, as though made on and as of such date, and (iib) No no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which or such Increase Date or such Extension Date, that constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or botha Default.

Conditions Precedent to. All Advances and L/C Credit Extensions. Each Borrowing Increasing the ----------------------------------------------------- Aggregate Amount of Advances. The obligation of each Lender to make an A ---------------------------- Advance on the occasion of each A Borrowing (including the initial A Borrowing) which would increase Advance), each L/C Credit Extension and each rollover or continuation of the aggregate outstanding amount of A Advances owing to such Lender over the aggregate outstanding amount of A Advances owing to such Lender immediately prior to the making of such A Advance, foregoing shall be subject to the further conditions precedent that (a) the Servicer shall have delivered to the Agents on or prior to the date thereof, in form and substance satisfactory to the Agents, all Pool Reports as and when due under Section 8.5; (b) the Facility Termination Date shall not have occurred; (c) the Borrower shall have delivered the Borrowing Notice in accordance with Section 1.2 or Section 1.8(a), as applicable; (d) [reserved]; and (e) on the date of such A Borrowing thereof, the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing and the acceptance by the Borrower of the proceeds of such A Borrowing Advance shall constitute be deemed a representation and warranty by the Borrower that on the date of such A Borrowing such statements are then true): ): (i) The the representations and warranties contained set forth in Section 4.01 5.1 are true and correct on and as of the date of such A BorrowingAdvance or L/C Credit Extension (or such Settlement Date, before and after giving effect to such Borrowing and to as the application of the proceeds therefrom, case may be) as though made on and as of such date, and except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date; (ii) No no event has occurred and is continuing, or would result from such A Borrowing Advance or from L/C Credit Extension (or the application of the proceeds therefromcontinuation thereof), which constitutes that will constitute (A) an Event of Default or which would constitute (B) an Unmatured Event of Default but for Default; and (iii) after giving effect to such Advance or L/C Credit Extension (or the requirement that notice be given or time elapse or bothcontinuation thereof), the Aggregate Principal will not exceed the Borrowing Limit; and.

Conditions Precedent to. Each Borrowing Increasing the ----------------------------------------------------- Aggregate Amount of Advancesand Each L/C Issuance. The obligation of each Lender to make an A ---------------------------- Advance on the occasion of each A Borrowing (including the initial A Borrowing) which would resulting in an increase in the aggregate outstanding amount of A outstanding Advances owing and the obligation of each L/C Issuer to such Lender over the aggregate outstanding amount of A Advances owing to such Lender immediately prior to the making of such A Advance, issue a L/C shall be subject to the further conditions precedent that on the date of such A Borrowing or the date of issuance of such L/C, as applicable, the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing or the applicable L/C Issuance Request, as applicable, and the acceptance by the Borrower of the proceeds of such A Borrowing Borrowing, or upon the issuance of such L/C, as applicable, shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing or the date of issuance of such L/C, as applicable, such statements are true): (i) The representations and warranties contained in Section 4.01 are correct in all material respects on and as of the date of such A BorrowingBorrowing or issuance of such L/C, as applicable, before and after giving effect to such Borrowing or issuance of such L/C, as applicable, and to the application of the proceeds therefrom, as though made on and as of such date, and ; and (ii) No event has occurred and is continuing, or would result from such A Borrowing Borrowing, the issuance of such L/C or from the application of the proceeds therefrom, which constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or botha Default.

Conditions Precedent to. Each Borrowing Increasing the ----------------------------------------------------- Aggregate Amount of Advancesand Each Extension --------------------------------------------------------- Date. The obligation of each Lender to make an A ---------------------------- Advance on the occasion of each A ---- Borrowing (including the initial A Borrowing) which would increase the aggregate outstanding amount and each extension of A Advances owing Commitments pursuant to such Lender over the aggregate outstanding amount of A Advances owing to such Lender immediately prior to the making of such A Advance, Section 2.17 shall be subject to the further conditions precedent that the Effective Date shall have occurred and on the date of such A Borrowing or the applicable Extension Date the following statements shall be true (and each of the giving of the applicable Notice of A Borrowing Borrowing, request for Commitment extension and the acceptance by the Borrower of the proceeds of such A Borrowing shall constitute a representation and warranty by the Borrower that on the date of such A Borrowing or such Extension Date such statements are true): (ia) The the representations and warranties contained in Section 4.01 (excluding, in the case of Borrowings, clauses (g) and (i)(i) of Section 4.01) are correct in all material respects on and as of the date of such A Borrowingdate, before and after giving effect to such Borrowing or such Extension Date and to the application of the proceeds therefrom, as though made on and as of such date, and (iib) No no event has occurred and is continuing, or would result from such A Borrowing or from the application of the proceeds therefrom, which or such Extension Date, that constitutes an Event of Default or which would constitute an Event of Default but for the requirement that notice be given or time elapse or botha Default.