Common use of In addition Clause in Contracts

In addition. (i) All the representations and warranties in this Clause 20 are deemed to be made by each Obligor on the date of the Utilisation Request, on the Utilisation Date and on the Closing Date. (ii) The representations and warranties in Clause 20.29 (Shareholder Documents) are deemed to be made by each Obligor on each day on which any agreement or document referred to therein is entered into on or after the date of this Agreement. (iii) The representations and warranties in paragraph (c) of Clause 20.13 (Original Financial Statements) are deemed to be made on each day on which any Quarterly Financial Statements, Annual Financial Statements or Annual WXAT Financial Statements are delivered. (iv) The Repeating Representations are deemed to be made by each Obligor on the first day of each Interest Period (except that, for the avoidance of doubt, the representations and warranties in paragraph (c) of Clause 20.13 (Original Financial Statements) with respect to any set of financial statements of the Borrower or WXAT shall cease to be made (with respect of such set of financial statements only) once subsequent financial statements of the Borrower or, as the case may be, WXAT have been delivered pursuant to this Agreement, but this is without prejudice to the making of the representations and warranties under such paragraph with respect to such subsequent financial statements). (i) The Repeating Representations (other than Clauses 20.12 (No misleading information), 20.13 (Original Financial Statements), 20.28 (Merger Documents) and 20.29 (Shareholder Documents)) and (ii) the representations and warranties in Clause 20.9 (No filing or stamp taxes) (in each case, to the extent relating to the accession of an Additional Guarantor as a party to this Agreement, the applicable Accession Deed relating to such accession and/or any Transaction Security Document required to be executed by such Additional Guarantor in connection with such accession) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor.

In addition. (i) All the representations and warranties in this Clause 20 are deemed to be made by each Obligor on the date of the Utilisation Utilization Request, on the Utilisation Utilization Date and on the Closing Date. (ii) The representations and warranties in Clause 20.29 (Shareholder Documents) are deemed to be made by each Obligor on each day on which any agreement or document referred to therein is entered into on or after the date of this Agreement. (iii) The representations and warranties in paragraph (c) of Clause 20.13 (Original Financial Statements) are deemed to be made on each day on which any Quarterly Financial Statements, Annual Financial Statements, Annual WXAT Financial Statements, Quarterly Holdco Financial Statements, Annual Holdco Financial Statements, Quarterly Borrower Financial Statements or Annual WXAT Borrower Financial Statements are delivered. (iv) The Repeating Representations are deemed to be made by each Obligor on the first day of each Interest Period (except that, for the avoidance of doubt, the representations and warranties in paragraph (c) of Clause 20.13 (Original Financial Statements) with respect to any set of financial statements of of, the Company, WXAT, Holdco or the Borrower or WXAT shall cease to be made (with respect of such set of financial statements only) once subsequent financial statements of the Borrower Company, WXAT, Holdco or, as the case may be, WXAT the Borrower have been delivered pursuant to this Agreement, but this is without prejudice to the making of the representations and warranties under such paragraph with respect to such subsequent financial statements). (i) The Repeating Representations (other than Clauses 20.12 (No misleading information), 20.13 (Original Financial Statements), 20.28 (Merger Documents) and 20.29 (Shareholder Documents)) and (ii) the representations and warranties in Clause 20.9 (No filing or stamp taxes) (in each case, to the extent relating to the accession of an Additional Guarantor as a party to this Agreement, the applicable Accession Deed relating to such accession and/or any Transaction Security Document required to be executed by such Additional Guarantor in connection with such accession) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor.

In addition. (i) All the representations First Day Order shall authorize the use by the Borrower and warranties the Guarantors of any cash collateral in this Clause 20 are deemed to be made by each Obligor on which any Existing Lender under the date Existing Agreements may have an interest and shall provide, as adequate protection for the use of such cash collateral and the priming of the Utilisation RequestLiens granted pursuant to the Existing Agreements contemplated hereby and subject to the Carve-Out, for (A) a superpriority claim as contemplated by Section 507(b) of the Bankruptcy Code immediately junior to the claims under Section 364(c)(1) of the Bankruptcy Code held by the Agent and the Banks, (B) a replacement Lien on substantially all of the Utilisation Date assets of the Borrower and on the Closing Date. Guarantors having a priority immediately junior to, and subject to the same limitations as are applicable to, the priming and other Liens granted in favor of the Agent and the Banks hereunder and under the other Loan Documents (ii) The representations and warranties and, in Clause 20.29 (Shareholder Documents) are deemed to be made by each Obligor on each day on which any agreement or document referred to therein is entered into the case of Accounts arising on or after the date Filing Date out of this Agreement. the use of the properties that are subject as of the Filing Date to valid and perfected Liens in favor of the Real Estate Financiers, also junior to adequate protection Liens on such Accounts that may be granted in favor of the Real Estate Financiers), (iiiC) The representations the payment on a current basis of the reasonable fees and warranties in paragraph disbursements of respective professionals (cincluding, but not limited to, the reasonable fees and disbursements of counsel and internal and third-party consultants, including financial consultants, and auditors) of Clause 20.13 for the Pre-Petition Agent (Original Financial Statements) are deemed to be made on each day on which any Quarterly Financial Statements, Annual Financial Statements or Annual WXAT Financial Statements are delivered. (iv) The Repeating Representations are deemed to be made by each Obligor including the payment on the first day Closing Date or as soon thereafter as is practicable of each Interest Period (except that, for the avoidance of doubtany unpaid pre-petition fees and expenses), the representations payment of counsel fees and warranties in paragraph disbursements of members of the Steering Committee acting under the Existing Credit Agreement and the continuation of the payment to the Pre-Petition Agent on a current basis of the administration fees that are provided for under the Existing Credit Agreement and (cD) the payment to the Existing Lenders, so long as no Event of Clause 20.13 Default or event, which upon notice or lapse of time or both, would constitute an Event of Default shall have occurred and be continuing, of (Original Financial Statementsx) with respect any cash proceeds received by the Borrower pursuant to any set of financial statements settlement of the Borrower or WXAT shall cease to be made "prudent buyer" dispute with the Health Care Financing Administration and (with respect of such set of financial statements onlyy) once subsequent financial statements 75% of the Borrower or, as the case may be, WXAT have been delivered pursuant to this Agreement, but this is without prejudice to the making Net Proceeds of the representations and warranties under such paragraph with respect to such subsequent financial statements). (i) The Repeating Representations (other than Clauses 20.12 (No misleading information), 20.13 (Original Financial Statements), 20.28 (Merger Documents) and 20.29 (Shareholder Documents)) and (ii) the representations and warranties in Clause 20.9 (No filing asset sales or stamp taxes) (in each case, to the extent relating to the accession of an Additional Guarantor as a party to this Agreementdispositions permitted hereunder, the applicable Accession Deed relating to such accession and/or any Transaction Security Document proceeds of which are not required to be executed by such Additional Guarantor in connection with such accession) are deemed applied to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional GuarantorLoans pursuant to Section 2.11(b).