Common use of Each Additional Loan Clause in Contracts

Each Additional Loan. At the time of making any Loans other than Loans made on the Closing Date, or the issuance of any Letter of Credit, and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respects) 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 continuing or shall exist; the making of the Loans shall not contravene any Law applicable to the Loan Parties or any of the Banks; and Borrowers shall have delivered to Agent a duly executed and completed Loan Request and any documents relating to Letters of Credit required by Agent.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date hereunder and after giving effect to the proposed extensions of creditborrowings: the representations and warranties of the Loan Parties contained in Section 5 and in the other Loan Documents Article 6 hereof shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Partytherein), which representations and warranties shall be true and correct in all respects) 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 continuing or shall exist; the making of such Loan or the Loans issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties or any of the Banks; and the Borrowers shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request and any documents relating to or request for Letters of Credit required by AgentCredit, as applicable.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 6 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) 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 continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers shall have delivered to the Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 6 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) 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 continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or any of the Banks; and Borrowers the Borrower shall have delivered to the Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or and except changes to representations and warranties which are already qualified by that, in the good faith determination of the Required Banks, would not constitute a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectsMaterial Adverse Change) 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 continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers shall have delivered to the Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be; and the Borrowers shall have delivered to the Agent a certificate showing Availability for the Loan.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 6 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) 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 continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the BanksLenders; and Borrowers the Borrower and the Co-Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans other than Loans made on the Closing Date, or the issuance of issuing any Letter of Credit, other than any Loans made or Letters of Credit issued on the Effective Date hereunder (or the Subsequent Effective Date), and after giving effect to the proposed extensions of creditborrowings: the representations and warranties of the Loan Parties Borrowers contained in Section 5 and in the other Loan Documents Article VI shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respects) and the Loan Parties shall have performed and complied with all covenants and conditions hereoftherein); no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the such Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties Company or any of its Subsidiaries, any Agent or any of the BanksLenders; and Borrowers the Company shall have delivered to the Administrative Agent a duly executed and completed Loan Request Request; and any documents relating the Company shall have delivered to Letters the Issuing Bank a duly executed and completed application for a Letter of Credit required by AgentCredit.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties Borrowers contained in Section 5 6 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations therein) (and warranties which are already qualified by each Loan Request shall be deemed to constitute a materiality standard or are subject representation and warranty to the knowledge Agent and the Banks to that effect and that all of a Loan Party, which representations and warranties shall be true and correct in all respectsthe condition to funding have been met) and the Loan Parties Borrowers shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers shall have delivered to the Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date hereunder and after giving effect to the proposed extensions of creditborrowings: the representations and warranties of the Loan Parties Borrower contained in Section Article 5 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) and the Loan Parties Borrower shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties Borrower or any Subsidiary of the Borrower or any of the Banks; and Borrowers the Borrower shall have delivered to the Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 6 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) 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 continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and Borrowers the Borrower shall have delivered to the Agent a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Revolving Credit Loans, Bid Loan or Swing Loans or issuance of any Letters of Credit other than Revolving Credit Loans or Bid Loans made or Letters of Credit deemed issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 Article and in the other Loan Documents shall be true on and as of the date of such additional Revolving Credit Loan, Bid Loan in all material respects or Swing Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) 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 continuing or shall exist; the making of the Revolving Credit Loans, Bid Loans or Swing Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and Borrowers the Borrower shall have delivered to the Administrative Agent or the Issuing Letter of Credit Bank, a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of creditborrowings: the representations and warranties of the Loan Parties Borrowers contained in Section 5 and in the other Loan Documents Article III of this Agreement shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) and the Loan Parties Borrowers shall have performed and complied with all covenants and conditions hereofof this Agreement, including without limitation, execution, the delivery and recording of Mortgages from any New Properties set forth on Appendix 1, as the same may be amended from time to time; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties Borrowers or any of the BanksLender; and the Borrowers shall have delivered to Agent the Lender a duly executed and completed Loan Request and any documents relating to Letters Borrowing Base Certificate or application for a Letter of Credit required by Agentas the case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date, or the issuance of any Letter of Credit, Date and after giving effect to the proposed extensions of credit: the representations and warranties of the Loan Parties contained in Section 5 and in the other Loan Documents shall be true on and as of the date of such additional Loan in all material respects or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except 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 or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respectstherein) 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 continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or the Loan Parties or any of the BanksLender; and Borrowers the Borrower shall have delivered to Agent the Lender a duly executed and completed Loan Request and any documents relating to Letters or application for a Letter of Credit required by Agentas the case may be.