Common use of No Existing Default Clause in Contracts

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing submitted by a Borrower hereunder and each L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each the applicable Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.2 are satisfied.

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each the applicable Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.3 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or Borrowing, continuation or conversion conversion, or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation, Competitive Bid Request, L/C Application or and L/C Amendment Application submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing disbursement date, Conversion/Continuation Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuanceconversion. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 6.3 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing submitted by the Borrower hereunder and each L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist ------------------- or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section SECTION 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 5.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or IssuanceBorrowing. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist ------------------- or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company Borrowers' Designee hereunder shall constitute a representation and warranty by the Company Borrowers' Designee and the applicable Borrower hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.3 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from after giving effect to such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, and each L/C Application or and, if requesting a Credit Extension, L/C Amendment Application Application, submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 subsections 5.02(a), (b) and (c) are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or Borrowing, continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date, Conversion/Continuation Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section SECTION 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist exists or shall result from such Borrowing or continuation or conversion or Issuanceconversion. Each Notice of Borrowing, Notice of Swing Line Loans, notice of acceptance of an L/C Application or and L/C Amendment Application and Notice of Conversion/Continuation submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, Issuance Date or Issuance Conversion/Continuation Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company Borrowers hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that all of the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, Special Funding Date or Issuance Date, as applicable, that the conditions in this Section SECTION 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Borrower and the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuanceconversion. Each Notice of Borrowing, Notice of Conversion/Continuation, and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from the making of such Borrowing Loan or its continuation or conversion or Issuance. ; and Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, Date as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 subsection 5.02(a), (b) and (c) are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from after giving effect to such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, and each L/C Application or and, if requesting a Credit Extension, L/C Amendment Application Application, submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company hereundersuch Borrower that, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 subsections 5.03(a), (b) and (c) are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section SECTION 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from after giving effect to such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 subsections 5.02(a), (b) and (c) are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or Borrowing, continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation, and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 SECTION 5.2 are satisfied.

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, notice of acceptance of an L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice and as of each the relevant Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall ------------------- result from such Borrowing or continuation or conversion or IssuanceBorrowing. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.2 are satisfied.. -----------

No Existing Default. No Default or Event of Default shall exist ------------------- or shall result from after giving effect to such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company a Credit Party hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.. ------------

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderCompany, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.03 are satisfied.. -48-

No Existing Default. No Default or Event of Default shall exist or shall result from after giving effect to such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Competitive Bid Request and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 subsection 5.02(a), (b) and (c) are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or Borrowing, continuation, conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation, oral notice of borrowing under Section 2.4, L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, Conversion/Continuation Date or Issuance Date, as applicable, that the conditions in this Section 5.02 5.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 5.2 are satisfied.. -58-

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or IssuanceBorrowing. Each Notice of Borrowing, Borrowing and L/C Application or (if such L/C Amendment Application requests a Credit Extension) submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice or request and as of each the applicable Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 4.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.or

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation, L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, Date as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted or deemed submitted by the Company Borrowers hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice and as of each Borrowing Date or and Issuance Date, as applicable, Date that the conditions in this Section 5.02 5.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 subsection 5.02(a), (b) and (c) are satisfied.. -44- 52

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuanceconversion. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from after giving effect to such Borrowing or continuation or Borrowing, continuation, conversion or Issuance. Each Notice of Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder by, or on behalf of, a Borrower shall constitute a representation and warranty by the Company hereundersuch Borrower, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or Borrowing, continuation, conversion or Issuance. Each Notice of Borrowing, LNotice of Conversion/C Application or L/C Amendment Application Continuation and Letter of Credit Obligation submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Dateissuance date, as applicable, that the conditions in this Section 5.02 5.3 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from the making of such Borrowing Loan or its continuation or conversion or Issuance. ; and Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application application or L/C Amendment Application amendment application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, Date as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.. ARTICLE VI

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each the applicable Borrowing Date or -57- 65 Issuance Date, as applicable, that the conditions in this Section 5.02 5.3 are satisfied.

No Existing Default. No Default or Event of Default shall exist or ------------------- shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 are satisfied.

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or IssuanceBorrowing. Each Notice of Committed Borrowing, Invitation for Competitive Bids, L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice or request and as of each the applicable Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.02 SECTION 5.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuanceconversion. Each Notice of Borrowing, LLC Application and Notice of Conversion/C Application or L/C Amendment Application Continuation submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Conversion/Continuation Date, as applicable, that the conditions in this Section 5.02 4.2 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing Borrowing, continuation, conversion, Issuance, or continuation amendment or conversion or Issuanceextension. Each Notice of Borrowing, Notice of Conversion/Continuation, L/C Application or Application, and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or date of Issuance Dateor amendment or extension, as applicable, that the conditions in this Section 5.02 5.3 are satisfied.

No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.02 5.3 are satisfied.