Common use of All Fundings Clause in Contracts

All Fundings. The obligation of the Lenders to make Loans ------------- to the Borrower upon the occasion of each Borrowing hereunder (including the Initial Funding) is subject to the further conditions precedent that, as of the date of such Borrowing and after giving effect thereto: (a) no Default shall have occurred and be continuing; (b) no Material Adverse Effect shall have occurred; and (c) the representations and warranties made or deemed made by the Borrower or any Affiliate in Article VII and in the Loan Documents 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 and following such new Borrowing, except to the extent such representations and warranties are expressly limited to an earlier date or the Lenders may expressly consent in writing to the contrary.

Appears in 5 contracts

Samples: Credit Agreement (Us Energy Corp), Credit Agreement (Crested Corp), Credit Agreement (Crested Corp)

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All Fundings. The obligation of the Lenders to make Loans ------------- to the Borrower upon the occasion of each Borrowing hereunder (including the Initial Funding) is subject to the further conditions precedent that, as of the date of such Borrowing and after giving effect thereto: (a) no Default shall have occurred and be continuing; (b) no Material Adverse Effect shall have occurred; and (c) the representations and warranties made or deemed made by the Borrower or any Affiliate in Article VII VIII and in the Loan Documents shall be true and correct on and as of the date of such borrowing Borrowing with the same force and effect as if made on and as of such date and following such new Borrowing, except to the extent such representations and warranties are expressly limited to an earlier date or the Lenders may expressly consent in writing to the contrary.

Appears in 3 contracts

Samples: Credit Agreement (CrossPoint Energy CO), Credit Agreement (Petro Resources Corp), Credit Agreement (Dune Energy Inc)

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All Fundings. The obligation of the Lenders to make Loans ------------- to the Borrower upon the occasion of each Borrowing hereunder (including the Initial Funding) is subject to the further conditions precedent that, as of the date of such Borrowing and after giving effect thereto: (a) no Default shall have occurred and be continuing; (b) no Material Adverse Effect shall have occurred; and (c) the representations and warranties made or deemed made by the Borrower or any Affiliate in Article VII VIII and in the Loan Documents 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 and following such new Borrowing, except to the extent such representations and warranties are expressly limited to an earlier date or the Lenders may expressly consent in writing to the contrary.

Appears in 1 contract

Samples: Credit Agreement (National Coal Corp)

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