Common use of Each Additional Loan or Letter of Credit Clause in Contracts

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) no Event of Default or Potential Default shall have occurred and be continuing; and (c) the Borrower shall have delivered to the applicable Administrative Agents a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a) and (b) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) no Event of Default or Potential Default shall have occurred and be continuing; (c) the Revolving Facility Usage shall not exceed the lesser of (i) the Borrowing Base and (ii) the Revolving Credit Commitments; and (cd) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a) and (b) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) no Event of Default or Potential Default shall have occurred and be continuing; and (c) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a), (b) and (bc) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) no Event of Default or Potential Default shall have occurred and be continuing; and; (c) the Revolving Facility Usage shall not exceed the lesser of (i) the Borrowing Base and (ii) the Revolving Credit Commitments; (d) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be; and (e) the aggregate amount of Excess Balance Sheet Cash will not exceed $150,000,000. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a), (b) and (bc) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (other than Loans made or amendments or extensions thereto) Letters of Credit issued on the Closing Date and after giving effect to the proposed extensions of credit: : (a) the representations and warranties of the Loan Parties Borrower contained in Section 6 [Representations and Warranties] (other than the representations and warranties contained in the first sentence of Section 6.1.6 [Litigation], the last sentence of Section 6.1.8 [Accuracy of Financial Statements], and Section 6.1.21 [Environmental Matters]) and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); , and the Borrower shall have performed and complied with all covenants and conditions hereof; (b) no Event of Default or Potential Default shall have occurred and be continuingcontinuing or shall exist; and (c) the making of the Loans or issuance of such Letters of Credit shall not contravene any Law applicable to the Borrower or any Subsidiary of the Borrower or any of the Lenders; and (d) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request Request, Swing Loan Request, or to the applicable Issuing Lender the Issuer Documents application for a Letter of Credit, Credit as the case may be. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a) and (b) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) no Event of Default or Potential Default shall have occurred and be continuing; and; (c) immediately after giving effect to such extension of credit, (A) the Revolving Facility Usage shall not exceed the Revolving Credit Commitments and (B) neither the Aggregate Credit Exposure nor the Pari Passu Outstanding Secured Obligations shall exceed the Borrowing Base; (d) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be; and (e) the aggregate amount of Excess Balance Sheet Cash will not exceed $150,000,000. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a), (b), (c) and (be) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (other than Loans made or amendments or extensions thereto) Letters of Credit issued on the Closing Date and after giving effect to the proposed extensions of credit: : (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] 5 and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) Credit, in all material respects, with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) and the Loan Parties shall have performed and complied with all covenants and conditions hereof in all material respects; no Event of Default or Potential Default shall have occurred and be continuingcontinuing or shall exist; and (c) the Borrower making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Banks in any material respect; and the Borrowers shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents application for a Letter of Credit, Credit as the case may be. Each request for , (b) the making of any Loans or issuance of any Letters of Credit Agent shall have received such other documentation concerning such matters as reasonably requested by, and each issuancebe in form and substance reasonably satisfactory to, amendment, renewal, increase or extension of a Letter of Credit the Agent; and (c) the Agent and the Banks shall have received and shall be deemed reasonably satisfied (both as to form and substance) with the Borrowing Base Certificate last delivered to the Banks. The acceptance of the proceeds of each borrowing of Loans shall constitute a representation and warranty by each Loan Party to each of the Borrower on Banks that all of the date thereof as applicable conditions specified in Section 6.2 (in each case disregarding any reference therein that such condition be deemed satisfactory by the Agent and/or the Banks) have been satisfied or waived. All of the certificates and other documents and papers referred to in this Section 6.2, unless otherwise specified, shall be delivered to the matters Agent at the Principal Office (or such other location as may be specified by the Agent) for the account of each of the Banks and in clauses (a) sufficient counterparts for each of the Banks and (b) of this Section 7.2shall be satisfactory in form and substance to the Agent.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (other than Loans made or amendments or extensions thereto) Letters of Credit issued on the Closing Date and after giving effect to the proposed extensions of credit: (a) : the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] Article V and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuingcontinuing or shall exist; and (c) the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders; the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents application for a Letter of Credit, Credit as the case may be; and the Loan Parties shall have delivered to the Agent for the benefit of the Lenders duly executed and completed Security Documents, and such Ancillary Security Documents as are appropriate at such time, to the extent not previously provided. Each request Loan Request and application for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit submitted by Borrower shall be deemed to constitute be a representation and warranty by that the Borrower conditions specified in this Section 6.02 have been satisfied on and as of the date thereof as to of the matters specified in clauses (a) and (b) applicable Loan Request or application for Letter of this Section 7.2Credit.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (other than Loans made or amendments or extensions thereto) Letters of Credit issued on the Closing Date and after giving effect to the proposed extensions of credit: : (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] Article V and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct in all material respects on and as of the specific dates or times referred to therein); , provided that any representation and warranty which is qualified as to “materiality”, “Material Adverse Change” or similar language shall be true and correct in all respects as written; (b) the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuingcontinuing or shall exist; and (c) the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders; (d) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents application for a Letter of Credit, Credit as the case may bebe and (e) the Loan Parties shall have delivered to the Agent for the benefit of the Lenders duly executed and completed Security Documents and such Ancillary Security Documents as are appropriate at such time, to the extent not previously provided. Each request Loan Request and application for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit submitted by Borrower shall be deemed to constitute be a representation and warranty by that the Borrower conditions specified in this Section 6.02 have been satisfied on and as of the date thereof as to of the matters specified in clauses (a) and (b) applicable Loan Request or application for Letter of this Section 7.2Credit.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (other than Loans made or amendments or extensions thereto) Letters of Credit issued on the Closing Date and after giving effect to the proposed extensions of credit: : (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuingcontinuing or shall exist; and (c) the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Banks; and the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents application for a Letter of Credit, Credit as the case may be. Each request for ; (b) the making Agent shall have received such documentation and opinion or opinions, addressed to each of any Loans or issuance of any Letters of Credit the Banks from (i) such counsel to each Loan Party as reasonably requested by the Agent and each issuance(ii) appropriate local counsel, amendmentwhich opinions shall cover such matters as reasonably requested by, renewaland be in form and substance reasonably satisfactory to, increase or extension of a Letter of Credit the Agent; and (c) the Agent and the Banks shall have received and shall be deemed reasonably satisfied (both as to form and substance) with the Borrowing Base Certificate last delivered to the Banks. The acceptance of the proceeds of each borrowing of Loans shall constitute a representation and warranty by each Loan Party to each of the Borrower on Banks that all of the date thereof as to the matters applicable conditions specified in clauses Section 7.2 (ain each case disregarding any reference therein that such condition be deemed satisfactory by the Agent and/or the Banks) have been satisfied or waived. All of the certificates, legal opinions and (b) of other documents and papers referred to in this Section 7.2, unless otherwise specified, shall be delivered to the Agent at the Agent's Office (or such other location as may be specified by the Agent) for the account of each of the Banks and in sufficient counterparts for each of the Banks and shall be satisfactory in form and substance to the Agent.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a17) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b18) no Event of Default or Potential Default shall have occurred and be continuing; and; (c19) the Revolving Facility Usage shall not exceed the lesser of (i) the Borrowing Base and (ii) the Revolving Credit Commitments; (20) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be; and (21) the aggregate amount of Excess Balance Sheet Cash will not exceed $150,000,000. Each request for the making of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a), (b) and (bc) of this Section 7.2.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (or amendments or extensions thereto) and after giving effect to the proposed extensions of credit: (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) no Event of Default or Potential Default shall have occurred and be continuing; and; (c) the Revolving Facility Usage shall not exceed the lesser of (i) the Borrowing Base and (ii) the Revolving Credit Commitments; (d) the Borrower shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Loan Request or to the applicable Issuing Lender the Issuer Documents for a Letter of Credit, as the case may be. Each request for ; and (e) the making aggregate amount of any Loans or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrower on the date thereof as to the matters specified in clauses (a) and (b) of this Section 7.2Balance Sheet Cash will not exceed $150,000,000.

Each Additional Loan or Letter of Credit. At the time of making any Loans or issuing any Letters of Credit (other than Loans made or amendments or extensions thereto) Letters of Credit issued on the Closing Date and after giving effect to the proposed CREDIT AGREEMENT extensions of credit: : (a) the representations and warranties of the Loan Parties contained in Section 6 [Representations and Warranties] and in the other Loan Documents shall be true and correct in all material respects on and as of the date of the making of any Loan Request, any Swing Loan Request and the making of such additional Loan or the issuance such Letter of Credit (or amendments or extensions thereto) Credit, in all material respects, with the same effect as though such representations and warranties had been made on and as of such date (except that (i) any representation and warranty that is already qualified as to materiality shall be true and correct in all respects as so qualified and (ii) representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (b) and the Loan Parties shall have performed and complied with all covenants and conditions hereof in all material respects; no Event of Default or Potential Default shall have occurred and be continuingcontinuing or shall exist; and (c) the Borrower making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Banks in any material respect; and the Borrowers shall have delivered to the applicable Administrative Agents Agent a duly executed and completed Revolving Credit Loan Request, Line of Credit Loan Request or to the applicable Issuing Lender the Issuer Documents application for a Letter of Credit, as the case may be. Each request for , (b) the making Administrative Agent shall have received such other documentation concerning such matters as reasonably requested by, and be in form and substance reasonably satisfactory to, the Administrative Agent; and (c) the Administrative Agent and the Banks shall have received and shall be reasonably satisfied (both as to form and substance) with a Borrowing Base Certificate delivered to the Banks within three (3) Business Days of any Loans the date of such additional Loan or issuance of any Letters of Credit and each issuance, amendment, renewal, increase or extension of a Letter of Credit Credit. The acceptance of the proceeds of each borrowing of Loans shall be deemed to constitute a representation and warranty by each Loan Party to each of the Borrower on Banks that all of the date thereof as applicable conditions specified in Section 7.3 (in each case disregarding any reference therein that such condition be deemed satisfactory by the Administrative Agent and/or the Banks) have been satisfied or waived. All of the certificates and other documents and papers referred to in this Section 7.3, unless otherwise specified, shall be delivered to the matters Administrative Agent at the Principal Office (or such other location as may be specified by the Administrative Agent) for the account of each of the Banks and in clauses (a) sufficient counterparts for each of the Banks and (b) of this Section 7.2shall be satisfactory in form and substance to the Administrative Agent.