Common use of Each Advance Clause in Contracts

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E hereto as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default.; (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date.; and (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice and each Letter of Credit Request with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate Compliance Certificate in substantially the same form of the Certificate attached as Exhibit E hereto as a condition to making an Advance.B.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), any Borrower unless on the applicable Borrowing Datedate of such Advance: (i) There exists no No Default or Unmatured DefaultDefault with respect to such Borrower exists or will result from such Advance. (ii) The representations and warranties of such Borrower contained in Article V and Article VI are true and correct in all material respects as of the date of such Borrowing Date Advance except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct in all material respects on and as of such earlier date. (iii) After giving effect to such Advance, such Borrower's Outstanding Advances will not exceed such Borrower's borrowing authority as allowed by Applicable Governmental Authorities. (iv) All legal matters incident to the making of such Advance shall be reasonably satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such request for an Advance by a Borrower shall constitute a representation and warranty by the General Partner and the such Borrower that the conditions contained in Sections 4.2(i), (ii) and (iiiii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E hereto A from the applicable Borrower as a condition to the making of an Advance.

Each Advance. The Lenders No Lender shall not be required to make any Advance (other than an a Committed Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Committed Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Committed Borrowing Notice and Competitive Bid Quote Request with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E "F" hereto as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Event of Default or Unmatured Potential Default.; (ii) The representations and warranties contained in Article V and Article VI are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date.; and (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice Loan Request with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i5.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate Compliance Certificate in substantially the same form of the Certificate attached as Exhibit E hereto as a condition to making an Advance.B.

Each Advance. The Lenders shall not be required to make any Advance (other than an including the initial Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), hereunder) unless on the applicable Borrowing Date: (i) There Prior to and after giving effect to such Advance, there exists no Default or Unmatured Default.; (ii) The After giving effect to such Advance and to the application of the proceeds thereof the representations and warranties contained in Article V this Agreement (except, in the case of a Refunding Borrowing, the representations and Article VI warranties set forth in Sections 5.5, 5.7 and the second sentence of Section 5.13 as to any matter which has theretofore been disclosed in writing by the Company to the Lenders) are true and correct in all material respects as of such Borrowing Date (except to the extent any such representation or warranty is stated to representations and warranties which expressly relate solely to to, and were true and correct in all material respects as of, an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date.); and (iii) All legal and regulatory matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) 4.1, 4.2 and (ii) 4.3 have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E hereto K as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default.; (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date.; and (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate Compliance Certificate in substantially the same form of the Certificate attached as Exhibit E hereto as a condition to making an Advance.B.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (ia) There exists no Default or Unmatured Default. (iib) The representations and warranties contained in Article V of this Agreement (excluding Section 5.5 and Article VI 5.24 with respect to the Borrower and its Subsidiaries (other than the Subsidiaries being acquired in connection with the Peguform Acquisition) in connection with the Advances made on the Effective Date only) and the other representations and warranties contained in the Loan Documents are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (iiic) All legal matters incident to the making of such Advance shall be reasonably satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender The Administrative Agent may require a duly completed compliance certificate in substantially the form of Exhibit E J hereto as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V (other than, in the case of an Advance the proceeds of which are being used exclusively to repay commercial paper of the Borrower, Sections 5.5, 5.7 and Article VI 5.12) are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counselcounsel (including, without limitation, evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Advance). Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E hereto B as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V and Article VI are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct on and as of such earlier date.. SIDLEY AUSTIN BROWN & WOOD 30 (iii▇▇▇) All legal A▇▇ ▇egal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections Section 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E hereto B as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V of this Agreement and Article VI the other representations and warranties contained in the Loan Documents are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower Borrowers that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate in substantially the form of Exhibit E H hereto as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Datedate of such Advance: (i) There exists no No Default or Unmatured DefaultDefault exists or would result from such Advance. (ii) The representations and warranties contained in Article V (other than, in the case of each Advance to be made after the date of this Agreement, Sections 5.5 and Article VI 5.7) are true and correct in all material respects as of the date of such Borrowing Date Advance except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counselcounsel (including evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Advance). Each delivery of a Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require delivery of a duly completed compliance certificate in substantially the form of Exhibit E hereto B as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V and Article VI are true and correct in all material respects as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may may, through the Administrative Agent, require a duly completed compliance certificate in substantially the form of Exhibit E "C" hereto as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Datedate of such Advance: (i) There exists no No Default or Unmatured DefaultDefault exists or would result from such Advance. (ii) The representations and warranties contained in Article V (other than, in the case of each Advance to be made after the date of the initial Advance, Sections 5.5 and Article VI 5.7), are true and correct in all material respects as of the date of such Borrowing Date Advance except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be have been true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counselcounsel (including evidence satisfactory to the Administrative Agent of any required governmental approvals or consents regarding such Advance). Each delivery of a Borrowing Notice with respect to each such Advance shall constitute constitutes a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i) and (ii) have been satisfied. Any Lender may require delivery of a duly completed compliance certificate in substantially the form of Exhibit E hereto B as a condition to making an Advance.

Each Advance. The Lenders shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default.; (ii) The representations and warranties contained in Article V and Article VI are true and correct in all material respects as of such Borrowing Date with respect to the Loan Parties in existence on such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct in all material respects on and as of such earlier date.; and ncbcrex.htm 14534489\V-10 (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i5.2(i) and (ii) have been satisfied. Any Lender may require a duly completed compliance certificate Compliance Certificate in substantially the same form of the Certificate attached as Exhibit E hereto as a condition to making an Advance.B.

Each Advance. The Lenders Lender shall not be required to make any Advance (other than an Advance that, after giving effect thereto and to the application of the proceeds thereof, does not increase the aggregate amount of outstanding Advances), unless on the applicable Borrowing Date: (i) There exists no Default or Unmatured Default. (ii) The representations and warranties contained in Article V and Article VI IV are true and correct as of such Borrowing Date Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall be true and correct on and as of such earlier date. (iii) All legal matters incident to the making of such Advance shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice with respect to each such Advance shall constitute a representation and warranty by the General Partner and the Borrower that the conditions contained in Sections 4.2(i3.2(i) and (ii) have been satisfied. Any The Lender may require a duly completed compliance certificate in substantially the form of Exhibit E 3.2 hereto as a condition to making an Advance.