Common use of Conditions to Each Credit Extension Clause in Contracts

Conditions to Each Credit Extension. The obligation of each Lender to make any Loan or the Issuing Bank to issue any Letter of Credit, on any Credit Date (other than any conversion of Loans to the other Type, or a continuation of LIBOR Rate Loans), including the Closing Date, is subject to the fulfillment or waiver of each of the following conditions precedent: (a) Each of the representations and warranties contained herein and in the other Facility Documents shall be true and correct in all material respects on and as of the Credit Date to the same extent as though made on and as of that date, except to the extent such representations and warranties relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date. (b) No event shall have occurred, or would result from the consummation of the applicable Credit Extension or from the application of the proceeds therefrom, which constitutes a Default or an Event of Default. (c) The Administrative Agent shall have received a Borrowing Request or Issuance Notice, as the case may be, in accordance with the requirements hereof. (d) After making the Credit Extensions requested on such Credit Date, the Total Utilization of Commitments shall not exceed the Commitments then in effect. (e) On or before the date of issuance of any Letter of Credit, the Administrative Agent shall have received all other information required by the applicable Issuance Notice, and such other documents or information as the Issuing Bank may reasonably require in connection with the issuance of such Letter of Credit.

Conditions to Each Credit Extension. The obligation of each Lender to make fund its Term Loan Commitment Percentage or Revolving Commitment Percentage of any Loan or the Issuing Bank to issue any Letter of Credit, Credit Extension on any Credit Date (other than any conversion of Loans to the other Type, or a continuation of LIBOR Rate Loans)Date, including the Closing Date, is are subject to the fulfillment satisfaction, or waiver of each in accordance with Section 11.4, of the following conditions precedent: : (a) Each the Administrative Agent shall have received a fully executed and delivered Funding Notice, together with the documentation and certifications required therein with respect to each Credit Extension; (b) after making the Credit Extension requested on such Credit Date, (i) the aggregate outstanding principal amount of the Revolving Loans shall not exceed the aggregate Revolving Commitments then in effect and (ii) the aggregate outstanding principal amount of the Term Loans shall not exceed the respective Term Loan Commitments then in effect; (c) as of such Credit Date, the representations and warranties contained herein and in the other Facility Credit Documents shall be true and correct in all material respects on and as of the that Credit Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects on and as of such earlier date. ; and (bd) No as of such Credit Date, no event shall have occurred, occurred and be continuing or would result from the consummation of the applicable Credit Extension or from the application of the proceeds therefrom, which constitutes a Default or that would constitute an Event of Default or a Default. (c) The Administrative Agent shall have received a Borrowing Request or Issuance Notice, as the case may be, in accordance with the requirements hereof. (d) After making the Credit Extensions requested on such Credit Date, the Total Utilization of Commitments shall not exceed the Commitments then in effect. (e) On or before the date of issuance of any Letter of Credit, the Administrative Agent shall have received all other information required by the applicable Issuance Notice, and such other documents or information as the Issuing Bank may reasonably require in connection with the issuance of such Letter of Credit.. 77

Conditions to Each Credit Extension. The obligation of each Lender Bank to make any each Loan or requested to be made by it, including its initial Loan, and the obligation of the Issuing Bank to issue any each Letter of Credit requested to be issued by it (including, if no Loans have been made at such time, the initial Letter of Credit, on any Credit Date (other than any conversion of Loans to the other Type, or a continuation of LIBOR Rate Loans), including the Closing Date, ) is subject to the fulfillment or waiver of each of the following conditions precedentconditions: (a) Each of the representations and warranties contained herein and Agent and, in the other Facility Documents case of a request for the issuance of a Letter of Credit, the Issuing Bank, shall have received, in the case of a Loan, a notice of borrowing with respect to such Loan complying with the requirements of Section 1.02(a) and, in the case of a Letter of Credit, a request for the issuance of such Letter of Credit complying with the requirements of Section 1.02(b); (b) each Loan Document Representation and Warranty shall be true and correct in all material respects on at and as of the time of such Credit Date to the same extent as though made on and as of that date, Extension (except to the extent such representations and warranties expressly relate to an earlier date), in which case both with and without giving effect to such representations Credit Extension and warranties all other Credit Extensions and to the application of the proceeds thereof; (c) no Default shall have occurred and be true and correct in all material respects as continuing at the time of such earlier date. (b) No event shall have occurred, Credit Extension or would result from the consummation making of the applicable such Credit Extension and all other Credit Extensions or from the application of the proceeds therefromthereof; (d) such Bank shall have received such material Information as it may have requested pursuant to Section 5.01(f) of the Other Credit Facility; and (e) such Credit Extension will not contravene any Applicable Law applicable to such Bank. Except to the extent that the Borrower shall have disclosed in the notice of borrowing or in the request for the issuance of a Letter of Credit, which constitutes as applicable, or in a Default subsequent notice given to, in the case of Loans, the Banks or, in the case of Letters of Credit, the Issuing Bank, prior to 10:00 a.m. (New York time) on the requested date of a Credit Extension, that a condition specified in clause (b) or an Event of Default. (c) The Administrative Agent above will not be fulfilled as of the requested time of such Credit Extension, the Borrower shall be deemed to have received made a Borrowing Request Representation and Warranty as of the time of such Credit Extension that the conditions specified in such clauses have been fulfilled as of such time. No such disclosure by the Borrower that a condition specified in clause (b) or Issuance Notice(c) above will not be fulfilled as of the requested time of a requested Credit Extension shall affect the right of each Bank or the Issuing Bank, as the case may be, in accordance with the requirements hereof. (d) After making not to make the Credit Extensions Extension requested on to be made by it if, in such Credit DatePerson's determination, the Total Utilization of Commitments shall such condition has not exceed the Commitments then in effectbeen fulfilled at such time. (e) On or before the date of issuance of any Letter of Credit, the Administrative Agent shall have received all other information required by the applicable Issuance Notice, and such other documents or information as the Issuing Bank may reasonably require in connection with the issuance of such Letter of Credit.

Conditions to Each Credit Extension. The obligation of each Lender to make fund its Revolving Commitment Percentage of any Loan or the Issuing Bank to issue any Letter of Credit, Credit Extension on any Credit Date (other than any conversion of Loans to the other Type, or a continuation of LIBOR Rate Loans)Date, including the Closing Date, is are subject to the fulfillment satisfaction, or waiver of each in accordance with Section 11.4, of the following conditions precedent: (a) Each the Administrative Agent shall have received a fully executed and delivered Funding Notice, together with the documentation and certifications required therein with respect to each Credit Extension; (b) after making the Credit Extension requested on such Credit Date, (i) the aggregate outstanding principal amount of the Revolving Loans shall not exceed the lesser of (i) the aggregate Revolving Commitments then in effect, and (ii) the Borrowing Base as of such Credit Date. (c) as of such Credit Date, the representations and warranties contained herein and in the other Facility Credit Documents shall be true and correct in all material respects on and as of the that Credit Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects on and as of such earlier date.; (bd) No as of such Credit Date, no event shall have occurred, occurred and be continuing or would result from the consummation of the applicable Credit Extension or from the application of the proceeds therefrom, which constitutes a Default or that would constitute an Event of Default or a Default. (c) The Administrative Agent shall have received a Borrowing Request or Issuance Notice, as the case may be, in accordance with the requirements hereof. (d) After making the Credit Extensions requested on such Credit Date, the Total Utilization of Commitments shall not exceed the Commitments then in effect.; and (e) On all of the conditions precedent set forth in Section 5.1 shall have been satisfied on or before prior to such Credit Date. The Administrative Agent or the date of issuance Required Lenders shall be entitled, but not obligated to, request and receive, prior to the making of any Letter Credit Extension, additional information reasonably satisfactory to the requesting party confirming the satisfaction of Creditany of the foregoing if, in the reasonable good faith judgment of such Administrative Agent shall have received all other information required by or Required Lenders, such request is warranted under the applicable Issuance Notice, and such other documents or information as the Issuing Bank may reasonably require in connection with the issuance of such Letter of Creditcircumstances.