Common use of Conditions to Each Loan Clause in Contracts

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date), is subject to the satisfaction of the following additional conditions: (a) receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii); (b) [reserved]; (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing; (d) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Date, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and (e) the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The In addition to the conditions set forth in Section 7.1, the obligation of the Lenders to make a Loan or an advance in respect of any Loan (Loan, including the initial Loans on the Closing Date), is subject to the satisfaction of the following additional conditions: , compliance with which shall be determined by Administrative Agent: (a) receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii); (b) [reserved]; (c) the fact that, immediately before and after such advance or issuanceadvance, no Default or Event of Default shall have occurred and be continuing; ; (db) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Datedate of such advance, except to the extent that any such representation or warranty relates to a specific an earlier date in which case such representation or warranty shall be true and correct as of such earlier date; and and (ec) the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of LC Credit Event hereunder, each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party Borrower on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party Borrower that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date in all material respects (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing DateLoans), is subject to the satisfaction of the following additional conditions:: ​ (a) receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii2.1(a)(i);; ​ (b) [reserved]; (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing;; ​ (dc) for Loans made on the Closing Date, the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Date, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and​ (ed) for Loans made after the Closing Date, the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations representations and warranties of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party contained in the Financing Documents shall be true, correct and complete in all material respects on and as of the date of such notice borrowing or acceptance as to the facts specified in this Sectionissuance, and (z) a restatement by each Credit Party that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date (except to the extent that any such representation or warranty relates to a specific earlier date in which case such representation or warranty shall be true and correct in all material respects as of such specific earlier date; provided, however, in each case, such materiality qualifier shall not be applicable to any representations and warranties expressly relate solely that already are qualified or modified by materiality in the text thereof; ​ (e) with respect to an earlier date).Term Loan Tranche 3 Loans, the Term Loan Tranche 3 Activation Date has occurred;

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date)Loan, is subject to the satisfaction of the following additional conditions: (a) in the case of any borrowing of a Revolving Loan, receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii)(or telephonic notice if permitted by this Agreement) and updated Borrowing Base Certificate; (b) [reserved]the fact that, immediately after such borrowing and after application of the proceeds thereof or after such issuance, the Revolving Loan Outstandings will not exceed the Revolving Loan Limit; (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing; (d) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Datedate of such borrowing or issuance, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and (e) the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party Borrower on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party Borrower that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date), ) is subject to the satisfaction of the following additional conditions: (a) receipt by Administrative Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii)Borrowing; (b) [reserved]; (c) the fact that, immediately before and after such advance or issuanceadvance, no Default or Event of Default shall have occurred and be continuing; (dc) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Datedate of such borrowing, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and (ed) the fact that no material adverse change in the condition (financial or otherwise)condition, properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party Borrower on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party Borrower that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date in all material respects (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The obligation of the Lenders Lender to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date)Loan, is subject to the satisfaction of the following additional conditions: (a) receipt by Agent Lender of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii)Borrowing; (b) [reserved]; (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing; (dc) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Datedate of such borrowing or issuance, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and; (ed) the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this AgreementAgreement that has or could reasonably be expect to have a Material Adverse Effect; and (e) the fact that, immediately before and after such advance or issuance, no default or event of default under the Supply Agreement by any Borrower or any Affiliate of Borrowers shall have occurred and be continuing. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party Borrower on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party Borrower that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date)Loan, is subject to the satisfaction of the following additional conditions: (a) in the case of each borrowing of Revolving Loans, receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii)(or telephonic notice if permitted by this Agreement) and an updated Borrowing Base Certificate; (b) [reserved]the fact that, immediately after such borrowing and after application of the proceeds thereof or after such issuance, the Revolving Loan Outstandings will not exceed the Revolving Loan Limit; (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing; (d) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Date, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and (e) the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date), is subject to the satisfaction of the following additional conditions: (a) receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii)(or telephonic notice if permitted by this Agreement) and an updated Borrowing Base Certificate; (b) [reserved]the fact that, immediately after such borrowing and after application of the proceeds thereof, the Revolving Loan Outstandings will not exceed the Revolving Loan Limit; (c) the fact that, immediately before and after such advance or issuanceadvance, no Default or Event of Default shall have occurred and be continuing; (d) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete in all material respects on and as of the Closing Datedate of such borrowing, except to the extent that any such representation or warranty relates to a specific date an earlier date, in which case such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, however, in each case, such materiality qualifier shall not be applicable to any representations and warranties that are already qualified or modified by materiality in the text thereof; and (e) the fact absence of any fact, event or circumstance that no material adverse change would reasonably be expected to result in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreementa Material Adverse Effect. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party Borrower on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party Borrower that each and every one of the representations made by it in any of the Financing Documents is true and correct in all material respects as of such date (except to the extent that such representations and warranties expressly relate solely to an earlier date).

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing DateLoans), is subject to the satisfaction of the following additional conditions: (a) receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii)Borrowing; (b) [reserved]; (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing; (dc) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete in all material respects on and as of the Closing Datedate of such borrowing, except to the extent that any such representation or warranty relates to a specific date an earlier date, in which case such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, however, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; and (ed) the fact that no material adverse change in the condition (financial or otherwise)absence of any fact, properties, business, prospectsevent, or operations of Borrowers or any other Credit Party shall have occurred and circumstance that would reasonably be continuing with respect expected to Borrowers or any Credit Party since the date of this Agreementresult in a Material Adverse Effect. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party Borrower on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party Borrower that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date in all material respects (except to the extent that such representations and warranties expressly relate solely to an earlier date), provided that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.

Conditions to Each Loan. The obligation of the Lenders to make a Loan or an advance in respect of any Loan (including the initial Loans on the Closing Date)Loan, is subject to the satisfaction of the following additional conditions: (a) receipt by Agent of a Notice of Borrowing in accordance with the provisions of Section 2.1(a)(ii2.1(a)(i)(C); (b) [reserved];; MidCap / Xtant / A&R Credit, Security and Guaranty Agreement (Term Loan) (c) the fact that, immediately before and after such advance or issuance, no Default or Event of Default shall have occurred and be continuing; (d) the fact that the representations and warranties of each Credit Party contained in the Financing Documents shall be true, correct and complete on and as of the Closing Date, except to the extent that any such representation or warranty relates to a specific date in which case such representation or warranty shall be true and correct as of such earlier date; and (e) the fact that no material adverse change in the condition (financial or otherwise), properties, business, prospects, or operations of Borrowers or any other Credit Party shall have occurred and be continuing with respect to Borrowers or any Credit Party since the date of this Agreement. Each giving of a Notice of Borrowing hereunder and each acceptance by any Borrower of the proceeds of any Loan made hereunder shall be deemed to be (y) a representation and warranty by each Credit Party on the date of such notice or acceptance as to the facts specified in this Section, and (z) a restatement by each Credit Party that each and every one of the representations made by it in any of the Financing Documents is true and correct as of such date (except to the extent that such representations and warranties expressly relate solely to an earlier date).