This excerpt taken from the EYE 8-K filed Apr 3, 2007.
5.02 Conditions to all Credit Extensions.
The obligation of each Lender to honor any Request for Credit Extension (excluding a Loan Notice requesting a conversion of Loans of one Type to the other Type, or a continuation of Eurocurrency Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower and each other Loan Party contained in Article VI or any other Loan Document, or which are contained in any document furnished at any time under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided however that with respect to
the initial Credit Extensions hereunder, with respect to the representations and warranties made by or with respect to the IntraLase Acquired Business, any breach of any such representations and warranties shall not constitute a failure to satisfy the condition set forth in this Section 5.02(a) unless such breach is a breach of any of the representations and warranties set forth in Sections 6.01, 6.02, 6.03, 6.04 or 6.14.
(b) No Default or Event of Default shall exist or would result from such proposed Credit Extension or from the application of the proceeds therefrom; provided however that with respect to the initial Credit Extensions hereunder, no Default or Event of Default shall be deemed to exist with respect to breaches of the representations and warranties made by or with respect to the IntraLase Acquired Business, unless (i) such breach also constitutes a breach of a representation or warranty in the Merger Agreement that is material to the interests of the Lenders and would result in the Borrower or any of its Subsidiaries having a right to terminate its obligations thereunder or (ii) such breach is a breach of any of the representations and warranties set forth in Sections 6.01, 6.02, 6.03, 6.04 and 6.14.
(c) The Administrative Agent and, if applicable, the L/C Issuer, shall have received a Request for Credit Extension in accordance with the requirements hereof, or if applicable, the Swing Line Lender shall have received a Swing Line Loan Notice, in each case in accordance with the terms hereof.
Each Request for Credit Extension (excluding a Loan Notice requesting a conversion of Loans of one type to the other Type or a continuation of Eurocurrency Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 5.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.