Mondelez 2013 Annual Report Download - page 170

SECTION 3.03 Conditions Precedent to Each Pro Rata Borrowing . The obligation of each Lender to make a Pro Rata Advance on
the occasion of each Pro Rata Borrowing is subject to the conditions precedent that the Effective Date shall have occurred and on the date of
such Pro Rata Borrowing the following statements shall be true, and the acceptance by the applicable Borrower of the proceeds of such Pro Rata
Borrowing shall be a representation by such Borrower or Mondelēz, as the case may be, that:
(a) the representations and warranties contained in Section 4.01 (except the representations set forth in the last sentence of subsection
(e) and in subsection (f) thereof (other than clause (i) thereof)) are correct on and as of the date of such Pro Rata Borrowing, before and
after giving effect to such Pro Rata Borrowing and to the application of the proceeds therefrom, as though made on and as of such date,
and, if such Pro Rata Borrowing shall have been requested by a Designated Subsidiary, the representations and warranties of such
Designated Subsidiary contained in its Designation Agreement are correct on and as of the date of such Pro Rata Borrowing, before and
after giving effect to such Pro Rata Borrowing and to the application of the proceeds therefrom, as though made on and as of such date;
and
(b) before and after giving effect to the application of the proceeds of all Borrowings on such date (together with any other resources
of the Borrower applied together therewith), no event has occurred and is continuing, or would result from such Pro Rata Borrowing, that
constitutes a Default or Event of Default.
SECTION 3.04 Conditions Precedent to Each Competitive Bid Borrowing . The obligation of each Lender that is to make a
Competitive Bid Advance on the occasion of a Competitive Bid Borrowing is subject to the conditions precedent that (i) the Administrative
Agent shall have received the written confirmatory Notice of Competitive Bid Borrowing with respect thereto, (ii) on or before the date of such
Competitive Bid Borrowing, but prior to such Competitive Bid Borrowing, the Administrative Agent shall have received a Competitive Bid Note
payable to such Lender (or its registered assigns) for each of the one or more Competitive Bid Advances to be made by such Lender as part of
such Competitive Bid Borrowing, in a principal amount equal to the principal amount of the Competitive Bid Advance to be evidenced thereby
and otherwise on such terms as were agreed to for such Competitive Bid Advance in accordance with Section 2.07, and (iii) on the date of such
Competitive Bid Borrowing the following statements shall be true, and the acceptance by the applicable Borrower of the proceeds of such
Competitive Bid Borrowing shall be a representation by such Borrower or Mondelēz, as the case may be, that:
(a) the representations and warranties contained in Section 4.01 are correct on and as of the date of such Competitive Bid Borrowing,
before and after giving effect to such Competitive Bid Borrowing and to the application of the proceeds therefrom, as though made on and
as of such date, and, if such Competitive Bid Borrowing shall have been requested by a Designated Subsidiary, the representations and
warranties of such Designated Subsidiary contained in its Designation Agreement are correct on and as of the date of such Competitive Bid
Borrowing, before and after giving effect to such Competitive Bid Borrowing and to the application of the proceeds therefrom, as though
made on and as of such date; and
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