Each Additional Advance. The obligation of the Lenders to make additional Advances on the line of credit or the Issuing Bank to issue standby letters of credit is subject to the satisfaction of each of the following conditions: (a) Each of the representations and warranties of the Borrower and the Subsidiaries contained in this Agreement and the Collateral Documents shall be true and correct on and as of the date of each subsequent Advance or issuance, both before and after giving effect to the proposed Advance or issuance and to the application of the proceeds therefrom, as though made on and as of such date, except as such representations and warranties relate to matters that are changed as permitted by this Agreement, or except to the extent such representations and warranties by their terms specifically refer and relate to an earlier date, in which case such representations and warranties shall have been true and correct on and as of such earlier date. (b) At the time of such Advance, no Default shall have occurred and be continuing. (c) There shall have occurred no material adverse change (in the Agent’s and the Required Lenders’ sole determination), either individually or in the aggregate, in the assets, liabilities, financial condition, business operations, affairs or circumstances of the Borrower and the Subsidiaries taken as a whole, except to the extent that such changes are permitted by this Agreement. (d) If reasonably required by Agent, a bringdown title search report by a xxxxxxx or land title service in the appropriate states, confirming the absence of Lien filings against the Borrower since the effective date of the preceding bringdown search.
Appears in 2 contracts
Samples: Loan Agreement (GMX Resources Inc), Loan Agreement (GMX Resources Inc)
Each Additional Advance. The obligation of the Lenders Banks to make additional Advances on the line of credit or the Issuing Bank to issue standby letters of credit is subject to the satisfaction of each of the following conditions:
(a) Each of the representations and warranties of the Borrower and the Subsidiaries Companies contained in this Agreement and the Collateral Documents shall be true and correct on and as of the date of each subsequent Advance or issuance, both before and after giving effect to the proposed Advance or issuance and to the application of the proceeds therefrom, as though made on and as of such date, except as such representations and warranties relate to matters that are changed as permitted by this Agreement, or except to the extent such representations and warranties by their terms specifically refer and relate to an earlier date, in which case such representations and warranties shall have been true and correct on and as of such earlier date.
(b) At the time of such Advance, no Default shall have occurred and be continuing.
(c) There shall have occurred no material adverse change (in the Agent’s 's and the Required Lenders’ Banks' sole determination), either individually or in the aggregate, in the assets, liabilities, financial condition, business operations, affairs or circumstances of the Borrower and the Subsidiaries taken as a whole, except to the extent that such changes are permitted by this Agreement.
(d) If reasonably required by Agent, a bringdown title search report by a xxxxxxx or land title service in the appropriate states, confirming the absence of Lien filings against the Borrower since the effective date of the preceding bringdown search.
Appears in 1 contract
Samples: Loan Agreement (GMX Resources Inc)
Each Additional Advance. The obligation of the Lenders Banks to make additional Advances on the line of credit or the Issuing Bank to issue standby letters of credit is subject to the satisfaction of each of the following conditions:
(a) Each of the representations and warranties of the Borrower and the Subsidiaries Companies contained in this Agreement and the Collateral Documents shall be true and correct on and as of the date of each subsequent Advance or issuance, both before and after giving effect to the proposed Advance or issuance and to the application of the proceeds therefrom, as though made on and as of such date, except as such representations and warranties relate to matters that are changed as permitted by this Agreement, or except to the extent such representations and warranties by their terms specifically refer and relate to an earlier date, in which case such representations and warranties shall have been true and correct on and as of such earlier date.
(b) At the time of such Advance, no Default shall have occurred and be continuing.
(c) There shall have occurred no material adverse change (in the Agent’s and the Required LendersBanks’ sole determination), either individually or in the aggregate, in the assets, liabilities, financial condition, business operations, affairs or circumstances of the Borrower and the Subsidiaries taken as a whole, except to the extent that such changes are permitted by this Agreement.
(d) If reasonably required by Agent, a bringdown title search report by a xxxxxxx or land title service in the appropriate states, confirming the absence of Lien filings against the Borrower since the effective date of the preceding bringdown search.
Appears in 1 contract
Samples: Loan Agreement (GMX Resources Inc)