Common use of Conditions to Each Credit Event Clause in Contracts

Conditions to Each Credit Event. The agreement of each Lender to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)). (b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing. (d) Since June 30, 2003, except as specifically set forth in the Information Memorandum, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (d) of this Section 4.02.

Conditions to Each Credit Event. The agreement obligation of each Lender to make any the Term Loan and on the occasion of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date Borrowing is subject to the satisfaction of the following conditions: (a) The Administrative Agent at the time of and immediately after giving effect to such Borrowing no Default or Event of Default shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)).exist; (b) The at the time of and immediately after giving effect to such Borrowing all representations and warranties of each Loan Party set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made in all material respects (unless other than those representations and warranties that are expressly stated to relate to an earlier datequalified by a Material Adverse Effect or other materiality, in which case such representations and warranties shall be true and correct as of such earlier datein all respects).; (c) At the time of and immediately after such Credit Eventsince December 31, no Default or Event of Default 2018, there shall have occurred and be continuing. (d) Since June 30, 2003, except as specifically set forth in the Information Memorandum, been no event shall have occurred that change which has had, had or could reasonably be expected to have, have a Material Adverse Effect; (d) the Borrower shall have delivered the required Notice of Borrowing; and (e) after giving effect to the making of such Borrowing under this Agreement, the Loan Parties and their Subsidiaries, taken as a whole, are Solvent. Each Credit Event Borrowing shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, thereof as to the matters specified in paragraphs subsections (ba), (cb) and (dc) of this Section 4.02Section.

Conditions to Each Credit Event. The agreement obligation of each Lender to make a Loan to any Loan Borrower on the occasion of any Borrowing, and the obligation of the each Issuing Bank to issue, amendrenew, renew extend or extend increase the amount of any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date Credit, is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)). (b) The representations and warranties of the Borrowers set forth in Article III hereof and in the other Loan Documents this Agreement shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations on and warranties shall be true and correct as of the date of such earlier date).Credit Event; and (cb) At the time of and immediately after giving effect to such Credit Event, no Default or Event of Default shall have occurred and be continuing. continuing (and for purposes of this condition, as it shall apply to any Credit Event relating to AHIHL, the proviso in clause (d) Since June 30of Article VII shall be disregarded with the same effect as if it had not been included in this Agreement); provided that, 2003, except as specifically set forth nothing in this paragraph shall prevent the Information Memorandum, no event shall have occurred that has had, Company or could reasonably any Guaranteed Borrowing Subsidiary from incurring Loans the proceeds of which will be expected used to have, repay outstanding Loans of AHIHL during the occurrence and continuance of a Material Adverse EffectDefault under Section 6.05(b) or Section 6.07. Each Credit Event shall be deemed to constitute a representation and warranty by the respective Borrower on the date of such Credit Event, thereof as to the matters specified in paragraphs (b), (ca) and (db) of this Section 4.02Section.

Conditions to Each Credit Event. The agreement obligation of each Lender to make a Revolving Loan on the occasion of any Loan and Borrowing thereof (but not the initial Borrowing of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”Closing Date Term Loans on the Closing Date) (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions: (a1) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02Subject to Sections 1.07 and 2.14(4), 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)). (b) The the representations and warranties of the Parent and the Borrower set forth in Article III hereof and in the other Loan Documents this Agreement shall be true and correct with in all material respects as to the same effect as if then made date of such Borrowing of Revolving Loans (unless except in the case of any such representations and warranties which expressly stated to relate to an earlier datea given date or period, in which case such representations and warranties shall be true and correct in all material respects as of the respective date or for the respective period, as the case may be); provided, that, to the extent that any such earlier date)representations and warranties are qualified by materiality, material adverse effect or similar language, such representations and warranties shall be true and correct in all respects. (c2) At Subject to Sections 1.07 and 2.14(4), at the time of and immediately after giving effect to such Credit EventBorrowing of Revolving Loans, no Default or Event of Default shall have occurred and be continuing. (d3) Since June 30, 2003, except as specifically set forth in the Information Memorandum, no event The Administrative Agent shall have occurred that has had, or could reasonably be expected received a Committed Loan Notice with respect to have, a Material Adverse Effectsuch Borrowing of Revolving Loans. Each Credit Event Borrowing of Revolving Loans shall be deemed to constitute a representation and warranty by the Parent and the Borrower on the date of such Credit Event, thereof as to the matters specified in paragraphs (b), (c1) and (d2) of this Section 4.02.

Conditions to Each Credit Event. The agreement of each Lender (including any Person with an Incremental Term Commitment) to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding excluding, except for purposes of subsection (b) below only) continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable. (b) The representations and warranties made by each Loan Party set forth in Article III hereof and in the other Loan Documents shall be true and correct in all material respects (or if qualified by materiality or reference to Material Adverse Effect, in all respects) with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuingcontinuing or would result therefrom. (d) Since June 30, 2003, except as specifically set forth in the Information Memorandum, no event The Administrative Agent shall have occurred that has hadreceived a Borrowing Request or Notice of Conversion/Continuation, as applicable, from the Borrower in accordance with Section 2.02 or could reasonably be expected to haveSection 2.03, a Material Adverse Effectas applicable. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02.

Conditions to Each Credit Event. The agreement of each Lender (including any Person with a Term C Commitment) to make any Loan (including pursuant to a Term C Commitment on the Restatement Effective Date) and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “"Credit Event”") (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable. (b) The representations and warranties made by each Loan Party set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing. (d) Since June 30, 2003, except as specifically set forth in the Information Memorandum, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the applicable Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02.

Conditions to Each Credit Event. The agreement of each Lender (including any Person with a Term D Commitment) to make any Loan (including pursuant to a Term D Commitment on the Restatement Effective Date) and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 or 2.06, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)).applicable. Table of Contents (b) The representations and warranties made by each Loan Party set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing. (d) Since June 30, 2003, except as specifically set forth in the Information Memorandum, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the applicable Borrower on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02.

Conditions to Each Credit Event. The agreement of each Lender to make any Loan and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) (such event being called a "Credit Event") requested to be made by it on any date (including the Effective Date) is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.04 2.02 or 2.062.04, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b))applicable. (b) The representations and warranties set forth in Article III hereof (except, with respect to Loans made on the Effective Date only, for Section 3.07, provided that with respect to Loans made on such date, the Loan Parties hereby expressly represent and warrant that the condition set forth in Section 4.01(g) has been satisfied in full) and in the other Loan Documents shall be true and correct in all material respects (except that any representation or warranty that is qualified as to "materiality" or "Material Adverse Effect" shall be true and correct in all respects) with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (except that any representation or warranty that is qualified as to "materiality" or "Material Adverse Effect" shall be true and correct in all respects) as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing. (d) Since June 30, 2003, except as specifically set forth in the Information Memorandum, no event shall have occurred that has had, or could reasonably be expected to have, a Material Adverse Effect. Each Credit Event shall be deemed to constitute a representation and warranty by the Borrower Borrowers on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (dc) of this Section 4.02.

Conditions to Each Credit Event. (other than Credit Events Occurring on the Initial Borrowing Date). The agreement of each Lender to make any Loan Advance (including the acceptance and purchase of Bankers’ Acceptances but excluding continuations and conversions of Advances) and of the each Issuing Bank to issue, amend, renew or extend any Letter of Credit (such event being called a “Credit Event”) (excluding continuations and conversions of Loans) requested to be made by it on any date (other than a Credit Event occurring on the Initial Borrowing Date) is subject to the satisfaction of the following conditions: (a) The Administrative Agent shall have received a notice of such Credit Event as required by Section 2.02, 2.03, 2.04 or 2.062.05, as applicable (or such notice shall have been deemed given in accordance with Section 2.04(b)). (b) The representations and warranties set forth in Article III hereof and in the other Loan Documents shall be true and correct with the same effect as if then made (unless expressly stated to relate to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date). (c) At the time of and immediately after such Credit Event, no Default or Event of Default shall have occurred and be continuing. (d) Since June 30If at any time any Margin Stock is pledged or required to be pledged pursuant to any Security Document, 2003, except as specifically set forth in the Information Memorandum, no event all actions required to be taken pursuant to Section 5.19 shall have occurred that has hadbeen taken to the reasonable satisfaction of the Administrative Agent. (e) Upon any Drawing pursuant to clause (i) of the definition thereof, or could reasonably be expected to have, a Material Adverse Effectthe relevant Canadian Revolving Lenders shall have been provided Drafts as contemplated by Section 2.03(f). Each such Credit Event shall be deemed to constitute a representation and warranty by the Borrower each Loan Agreement Party on the date of such Credit Event, as to the matters specified in paragraphs (b), (c) and (d) of this Section 4.024.03.