Swingline Borrowings. In the case of each Swingline -------------------- Borrowing hereunder: (i) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.05; (ii) the fact that, immediately prior to such Borrowing, no Default shall have occurred and be continuing; (iii) the fact that, immediately after such Borrowing and after giving effect to the amount of such Borrowing and the use of proceeds thereof, no Default resulting from such Borrowing or such use of proceeds would occur, the outstanding aggregate principal amount of the Swingline Loans would not exceed $300,000,000 and the sum of the aggregate outstanding principal amount of the Loans plus ---- the total LC Exposure would not exceed the Total Commitment; and (iv) the fact that the representations and warranties contained in this Agreement (except the representations and warranties contained in Sections 4.01(d)(iii), 4.01(e), 4.01(f), 4.01(g) and 4.01(l)) shall be true on and as of the date of such Borrowing with the same force and effect as if made on and as of such date, except to the extent that any such representation or warranty in Section 4.01(d)(i) or (ii) or Section 4.01(k) is made in respect of a specified date or a specified period of time in which case such representation or warranty shall continue to be true in respect of the specified date or the specified period of time.
Appears in 2 contracts
Sources: Credit Agreement (Anheuser-Busch Companies, Inc.), Credit Agreement (Anheuser Busch Companies Inc)