Common use of Ongoing Conditions Clause in Contracts

Ongoing Conditions. Following the Closing Date, the obligations of the Lenders and the Issuing Bank to make Loans and to issue Letters of Credit are subject to the following conditions: (a) in the case of a Loan, timely receipt by the Administrative Agent of a Notice of Borrowing or Conversion; (b) in the case of a Letter of Credit, (i) delivery by Tripwire to the Issuing Bank of the executed Letter of Credit Reimbursement Agreement, and (ii) timely receipt by the Issuing Bank of the written request described in Section 4.3 of this Agreement; (c) the Total Outstandings do not (and, after giving effect to any requested Loan or Letter of Credit, will not) exceed the limitations set forth in this Agreement; (d) the representations and warranties contained in Article VIII of this Agreement shall be true and accurate in all material respects on and as of the date of such Notice of Borrowing or Conversion, and on the effective date of the making of each Loan or issuance of each Letter of Credit as though made at and as of each such date (except to the extent that such representations and warranties expressly relate to an earlier date); and (e) no Default or Event of Default shall have occurred and be continuing at the time of, and immediately after, the making of such requested Loan. The making of each Loan (or issuance of each Letter of Credit) shall be deemed to be a representation and warranty by Tripwire on the date of the making, continuation, or conversion of such Loan (or issuance of such Letter of Credit) as to the accuracy of the facts referred to in subsection (d) of this Section 2.2 of this Agreement and of the satisfaction of all of the conditions set forth in this Section 2.2 of this Agreement.

Ongoing Conditions. Following the Closing Date, the obligations of the Lenders Lenders, the Issuing Bank, and the Issuing Bank Swingline Lender to make Loans and Loans, to issue Letters of Credit Credit, and to make Swingline Loans, respectively, are subject to the following conditions: (a) in the case of a Loan, timely Timely receipt by the Administrative Agent of a Notice of Borrowing or ConversionConversion (and, if required hereunder, a Borrowing Base Certificate); (b) in the case of a Letter of Credit, (i) delivery by Tripwire to the Issuing Bank of the executed Letter The outstanding Loans and Letters of Credit Reimbursement Agreement, and (ii) timely receipt by the Issuing Bank of the written request described in Section 4.3 of this Agreement; (c) the Total Outstandings do not (and, after giving effect to any requested Loan or Letter of Credit, will not) exceed the limitations set forth in this Agreement; (dc) the The representations and warranties contained in Article VIII of this Agreement shall be true and accurate in all material respects on and as of the date of such the Notice of Borrowing or Conversion, and on the effective date of the making of each Loan (or issuance of each Letter of Credit Credit) as though made at and as of each such date (except to the extent that such representations and warranties expressly relate to an earlier date); and (ed) no No Default or Event of Default shall have occurred and be continuing at the time of, of and immediately after, after the making of such requested Loan. The making of each Loan (or the issuance of such requested Letter of Credit). TIMET’s request for each Loan, and TIMET’s request for each Letter of Credit) , shall be deemed to be a representation and warranty by Tripwire TIMET on the date of the making, continuation, or conversion of such Loan (or issuance of such Letter of Credit) as to the accuracy of the facts referred to in subsection (dc) of this Section 2.2 6.2 of this Agreement and of the satisfaction of all of the conditions set forth in this Section 2.2 6.2 of this Agreement.

Ongoing Conditions. Following the Closing Date, the obligations of the Lenders and the Issuing Bank L/C Issuer to make Loans and to issue Letters of Credit Extensions are subject to the following conditions: (a) in the case of a Loan, timely receipt by the The Administrative Agent of shall have timely received a Notice of Borrowing or ConversionBorrowing; (b) in the case of a Letter of Credit, (i) delivery by Tripwire to the Issuing Bank of the executed Letter of Credit Reimbursement Agreement, and (ii) timely receipt by the Issuing Bank of the written request described in Section 4.3 of this Agreement; (c) the The Total Outstandings do Outstanding Amount does not (and, after giving effect to any requested Loan or Letter of Credit, Credit Extensions will not) exceed the limitations set forth in this Agreement; (dc) the The representations and warranties contained in Article VIII Section IX of this Agreement shall be true and accurate in all material respects on and as of the date of such the Notice of Borrowing or ConversionBorrowing, and on the effective date of the making of each Loan or issuance of each Letter of Credit Extension as though made at and as of each such date (except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); and (ed) no No Default or Event of Default shall have occurred and be continuing at the time of, of and immediately after, after the making of such requested LoanCredit Extension. The making of Contran’s request for each Loan (or issuance of each Letter of Credit) Credit Extension shall be deemed to be a representation and warranty by Tripwire Contran on the date of the making, continuation, or conversion of such Loan (or issuance of such Letter of Credit) as to the accuracy of the facts referred to in subsection (dc) of this Section 2.2 7.2 of this Agreement and of the satisfaction of all of the conditions set forth in this Section 2.2 7.2 of this Agreement.