All Loans and Letters of Credit. With respect to Loans made or Letters of Credit issued on the Closing Date or at any time thereafter, in addition to the conditions specified in clause (a) above as applicable, (i) Borrower shall have provided to Lender such information as Lender may reasonably require in order to determine the Borrowing Base (including the items set forth in Section 5.15(a)), as of such borrowing or issue date, after giving effect to such Loans or Letters of Credit, as applicable; (ii) each applicable Loan Party Obligor shall have duly executed and/or delivered, or, as applicable, shall have caused such other applicable Persons to have duly executed and or delivered, to Lender such further agreements, instruments, documents, proxies and certificates as Lender may reasonably require in connection therewith; (iii) each of the representations and warranties set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (without duplication of any materiality qualifiers already set forth therein) as of the date such Loan is made or such Letter of Credit is issued (or to the extent any representations or warranties are expressly made solely as of an earlier date, such representations and warranties shall be true and correct as of such earlier date), both before and after giving effect thereto; and (iv) no Default or Event of Default shall be in existence, both before and after giving effect thereto.
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Samples: Loan and Security Agreement (Janel Corp), Loan and Security Agreement (Janel Corp), Loan and Security Agreement (Janel Corp)
All Loans and Letters of Credit. With respect The obligation of each Lender to Loans make any Loan to be made by it hereunder or Letters to issue, increase or extend or participate in any Letter of Credit issued on the Closing Date or at any time thereafter, in addition is subject to the conditions specified in clause (a) above as applicablethe accuracy, (i) Borrower shall have provided to Lender such information as Lender may reasonably require in order to determine all material respects, on the Borrowing Base (including the items set forth in Section 5.15(a)), as date of such borrowing Loan or issue datesuch issuance or participation of all representations and warranties of the Borrower and any other Party contained in this Agreement and the other Loan Documents; (b) receipt by the Agent of the following, after giving effect all of which shall be duly executed and in Proper Form: (1) a Request for Extension of Credit as to such Loans the Loan or Letters the Letter of Credit, as applicable; the case may be, no later than 11:00 a.m. Houston time on the Business Day on which such Request for Extension of Credit must be given under Section 4.3 hereof, (ii2) each applicable Loan Party Obligor shall have duly executed and/or deliveredin the case of a Letter of Credit, oran Application, as applicable, shall have caused and (3) such other applicable Persons to have duly executed and documents as the Agent or delivered, to Lender such further agreements, instruments, documents, proxies and certificates as any Lender may reasonably require in connection therewithrequire; (iiic) each prior to the making of the representations and warranties set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (without duplication of any materiality qualifiers already set forth therein) as of the date such Loan is made or the issuance of such Letter of Credit is issued Credit, there shall have occurred no event which has had or could reasonably be expected to have a Material Adverse Effect; (or to the extent any representations or warranties are expressly made solely as of an earlier date, such representations and warranties shall be true and correct as of such earlier date), both before and after giving effect thereto; and (ivd) no Default or Event of Default shall have occurred and be in existencecontinuing and shall not occur as a result of the making of such Loan or the issuance of (or participation in) such Letter of Credit, both before and after giving effect thereto(e) the making of such Loan or the issuance of (or participation in) such Letter of Credit shall not be illegal or prohibited by any Legal Requirement.
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