Common use of Each Loan Clause in Contracts

Each Loan. The obligation of each Lender to make a Loan on any Borrowing Date (including the initial Loans) is subject to the satisfaction of the following conditions: (a) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. (b) At the time of and immediately after giving effect to such Borrowing, no event, development or circumstance has occurred or shall then exist that has resulted in, or could reasonably be expected to have, a Material Adverse Effect. (c) The representations and warranties of the Borrower and the Guarantors set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (except to the extent such representations and warranties are qualified by materiality) on and as of the date of such Borrowing, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, on and as of the date of such Borrowing such representations and warranties shall continue to be true and correct as of such specified earlier date. (d) The making of such Loan would not conflict with, or cause any Lender to violate or exceed, any applicable Requirement of Law, and no Change in Law shall have occurred, and no litigation shall be pending or threatened, which does or, with respect to any threatened litigation, seeks to, enjoin, prohibit or restrain, the making or repayment of any Loan, or the consummation of the Transactions contemplated by this Agreement or any other Loan Document. (e) The receipt by the Administrative Agent of a Borrowing Request in accordance with Section 2.03. Each request for a Borrowing shall be deemed to constitute a representation and warranty by the Borrower and the Parent on the date thereof as to the matters specified in Section 6.02(a) through (c).

Each Loan. The obligation of each Lender to make a Loan on any Borrowing Date (including the initial Loans) is subject to the satisfaction of the following conditions: (a) At the time of and immediately after giving effect to such Borrowing, no Default making any Loan or Event issuing any Letter of Default shall have occurred and be continuing. (b) At Credit: the time of and immediately after giving effect to such Borrowing, no event, development or circumstance has occurred or shall then exist that has resulted in, or could reasonably be expected to have, a Material Adverse Effect. (c) The representations and warranties of the Borrower and the Guarantors set forth Loan Parties contained in this Agreement and in the other Loan Documents Article 6 hereof shall be true and correct in all material respects (except to the extent such representations and warranties are qualified by materiality) on and as of the date of such Borrowing, except to Loan or issuance of such Letter of Credit with the extent any same effect as though such representations and warranties are had been made on and as of such date (except representations and warranties which expressly limited relate solely to an earlier datedate or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); provided, however, that for purposes of this Section 7.2, in which caseeach representation and warranty in Article 6 that makes reference to a Schedule, the representation under this Section that such representation and warranty in Article 6 is true on and as of the date of such Borrowing such representations and warranties shall continue to be true and correct as of such specified earlier date. (d) The the making of such Loan would not conflict withor the issuance of such Letter of Credit shall take into account (i) any subsequent amendments to any Schedule referred to therein, (ii) any exception contained in a written notice received by the Banks which makes specific reference to the applicable Schedule, or cause (iii) any Lender written disclosure made by the Loan Parties prior to violate the date as of which such representation or exceedwarranty is made, any applicable Requirement provided that such amendment, exception or disclosure is an amendment, exception or disclosure (a) to which the Required Banks have consented if such amendment, exception or disclosure amends or waives provisions of Law, and no Change in Law shall have occurred, and no litigation shall be pending or threatened, which does or, with respect to any threatened litigation, seeks to, enjoin, prohibit or restrain, the making or repayment of any Loan, or the consummation of the Transactions contemplated by this Agreement or is otherwise required under the terms of this Agreement, or (b) which updates Schedule 6.1(b), (c), (i), (m), (o) or (q); no Event of Default or Potential Default shall have occurred and be continuing or shall exist; and the making of such Loan or the issuance of such Letter of Credit shall not contravene any other Law applicable to the Loan Document. Parties or any of the Banks. If the information on Schedule 6.1(b), (ec), (i), (m), (o) The receipt by or (q) becomes incomplete or inaccurate, the Administrative Agent of a Borrowing Request in accordance with Section 2.03. Each request for a Borrowing Loan Parties shall be deemed to constitute a representation and warranty by update such Schedule at the time that the Borrower delivers (or is required to deliver if the Borrower is late in such delivery) the next Compliance Certificate which the Borrower is required to deliver under this Agreement and the Parent Borrower shall not be required to deliver such updated Schedule on the date thereof as to on which the matters specified in Section 6.02(a) through (c)information thereon becomes incomplete or inaccurate.

Each Loan. The obligation of each In addition to the conditions precedent stated elsewhere herein, the Lender shall not be obligated to make any Loan, other than in connection with a Loan on any Borrowing Date (including the initial Loans) is subject to the satisfaction Letter of the following conditionsCredit Payment, unless: (a) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default Borrower shall have occurred delivered to the Lender a Borrowing Request at least the requisite time prior to the requested date for the relevant Loan and each statement or certification made in such Borrowing Request shall be continuing.true and correct in all material respects on the requested date for such Loan; (b) At the time no Event of and immediately after giving effect to such Borrowing, no event, development Default or circumstance has occurred or Default shall then exist that has resulted inor will occur as a result of the making of the requested Loan; (c) if requested by the Lender, or the Borrower shall have delivered evidence satisfactory to the Lender substantiating any of the matters contained in this Agreement which are necessary to enable the Borrower to qualify for such Loan; (d) the Lender shall have received, reviewed and approved such additional documents and items as described in Section 3.1 as may be reasonably requested by the Lender with respect to such Loan; (e) no event shall have occurred which, in the reasonable opinion of the Lender, could reasonably be expected to have, have a Material Adverse Effect.; (cf) The each of the representations and warranties of the Borrower and the Guarantors set forth contained in this Agreement and in the other Loan Documents shall be true and correct in all material respects (except unless they speak to a specific date or are based on facts which have changed by transactions contemplated or expressly permitted by this Agreement) and shall be deemed to be repeated by the Borrower as if made on the requested date for such Loan; (g) all of the Security Documents shall be in full force and effect and provide to the extent such representations and warranties are qualified by materialityLender the security intended thereby; (h) on and as neither the consummation of the date of such Borrowing, except to transactions contemplated hereby nor the extent any such representations and warranties are expressly limited to an earlier date, in which case, on and as of the date of such Borrowing such representations and warranties shall continue to be true and correct as of such specified earlier date. (d) The making of such Loan would not conflict withshall contravene, or cause any Lender to violate or exceed, conflict with any applicable Requirement of Law, ; (i) the Borrower shall hold full legal title to the Collateral and no Change in Law shall have occurred, and no litigation shall be pending or threatened, which does or, with respect the sole beneficial owner thereof; and (j) all matters incident to any threatened litigation, seeks to, enjoin, prohibit or restrain, the making or repayment of any Loan, or the consummation of the Transactions transactions hereby contemplated by this Agreement or any other Loan Document. (e) The receipt by the Administrative Agent of a Borrowing Request in accordance with Section 2.03. Each request for a Borrowing shall be deemed to constitute a representation and warranty by the Borrower and the Parent on the date thereof as satisfactory to the matters specified in Section 6.02(a) through (c)Lender.

Each Loan. The obligation of each Lender to make a Loan on any Borrowing Date (including the initial Loans) is subject to the satisfaction of the following conditions: (a) At the time of making any Loans, and immediately after giving effect to such Borrowing, no Default or Event the proposed extensions of Default credit: the Closing Date and the Effective Date shall have occurred and be continuing. (b) At occurred; the time of and immediately after giving effect to such Borrowing, no event, development or circumstance has occurred or shall then exist that has resulted in, or could reasonably be expected to have, a Material Adverse Effect. (c) The representations and warranties of the Borrower and the Guarantors set forth Borrowers contained in this Agreement ARTICLE V and in the other Loan Documents and the representations and warranties of each Material Non-AGC Subsidiary contained or incorporated in the Guarantor Joinder given by such Material Non-AGC Subsidiary pursuant to Section 10.18 shall be true and correct in all material respects (except to the extent such representations and warranties are qualified by materiality) on and as of the date of such Borrowing, except to additional Loan with the extent any same effect as though such representations and warranties are had been made on and as of such date (except representations and warranties which expressly limited relate solely to an earlier datedate or time, in which case, representations and warranties shall be true and correct on and as of the specific dates or times referred to therein) and the Borrowers shall have performed and complied with all covenants and conditions hereof that are required to be performed or complied with as of the date of such Borrowing such representations Loan and warranties each Material Non-AGC Subsidiary shall continue have complied with Section 10.18 and all other covenants and conditions that are required to be true and correct performed or complied with as of the date of such specified earlier dateLoan and which are set forth in or incorporated into the Guarantor Joinder given by such Material Non-AGC Subsidiary pursuant to Section 10.18; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; and the applicable Borrower shall have delivered to the Agent a duly executed and completed Loan Request. (db) The making of such Loan would not conflict with, or cause any Lender Notwithstanding anything to violate or exceed, any applicable Requirement of Law, and no Change the contrary in Law shall have occurred, and no litigation shall be pending or threatened, which does or, with respect to any threatened litigation, seeks to, enjoin, prohibit or restrainthis Agreement, the making or repayment of UK Borrower shall not be permitted to incur any Loan, or Loans hereunder unless and until the consummation of the Transactions contemplated by this Agreement or any other Loan Document. (e) The receipt by the Administrative Agent of a Borrowing Request in accordance with Section 2.03. Each request for a Borrowing shall be deemed to constitute a representation and warranty by the Borrower and the Parent on the date thereof as to the matters specified in Section 6.02(a) through (c).following additional conditions precedent have been satisfied:

Each Loan. The obligation of each Lender In addition to the conditions precedent stated elsewhere herein, the Lenders shall not be obligated to make any Loan, other than in connection with a Loan on any Borrowing Date (including the initial Loans) is subject to the satisfaction Letter of the following conditionsCredit Payment, unless: (a) At at least the requisite time of and immediately after giving effect prior to such Borrowingthe requested date for the relevant Loan, no Default or Event of Default the Borrower shall have occurred delivered to the Agent a Borrowing Request and a funding direction advising the Agent whether the requested Loan should be continuing.funded to an account of the Borrower at Amegy or should be funded by wire transfer to an account of another Person (in which case wire transfer instructions shall be included) and each statement or certification made in such Borrowing Request shall be true and correct in all material respects on the requested date for such Loan; (b) At no Event of Default, Default or Deficiency shall exist or will occur as a result of the time making of the requested Loan; (c) if requested by the Agent or any Lender, the Borrower shall have delivered evidence satisfactory to the Agent or such Lender substantiating any of the matters contained in this Agreement which are necessary to enable the Borrower to qualify for such Loan; (d) the Agent shall have received, reviewed and immediately after giving effect approved such additional documents and items as described in Section 3.1 as may be requested by the Agent with respect to such BorrowingLoan; (e) no event shall have occurred which, no eventin the opinion of the Agent or any of the Lenders, development or circumstance has occurred or shall then exist that has resulted in, or could reasonably be expected to have, may have a Material Adverse Effect.; (cf) The each of the representations and warranties of the Borrower and the Guarantors set forth contained in this Agreement and in the other Loan Documents shall be true and correct in all material respects and shall be deemed to be repeated by the relevant entity as if made on the requested date for such Loan; (except g) all of the Security Documents shall be in full force and effect and provide to the extent such representations and warranties are qualified by materialityAgent the security intended thereby; and (h) on and as neither the consummation of the date of such Borrowing, except to transactions contemplated hereby nor the extent any such representations and warranties are expressly limited to an earlier date, in which case, on and as of the date of such Borrowing such representations and warranties shall continue to be true and correct as of such specified earlier date. (d) The making of such Loan would not conflict withshall contravene, or cause any Lender to violate or exceed, conflict with any applicable Requirement of Law, and no Change in Law shall have occurred, and no litigation shall be pending or threatened, which does or, with respect to any threatened litigation, seeks to, enjoin, prohibit or restrain, the making or repayment of any Loan, or the consummation of the Transactions contemplated by this Agreement or any other Loan Document. (e) The receipt by the Administrative Agent of a Borrowing Request in accordance with Section 2.03. Each request for a Borrowing shall be deemed to constitute a representation and warranty by the Borrower and the Parent on the date thereof as to the matters specified in Section 6.02(a) through (c).

Each Loan. The obligation of each Lender to make a each Loan on any Borrowing Date hereunder (including the initial Loansfunding) is subject to the satisfaction of the following conditions: (a) At the time of and immediately after giving effect to such BorrowingLoan, no Default or Event of Default shall have occurred and be continuing. (b) At the time of and immediately after giving effect to such BorrowingLoan, no event, development or circumstance has occurred or shall then exist that has resulted in, or could reasonably be expected to have, a Material Adverse Effect, provided that the filing and continuance of the Chapter 11 Cases shall not constitute a Material Adverse Effect. (c) The representations and warranties of the Borrower and the Guarantors set forth in this Agreement and in the other Loan Documents shall be true and correct in all material respects (except to the extent such representations and warranties are qualified by materiality) on and as of the date of such BorrowingLoan, except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, on and as of the date of such Borrowing Loan, such representations and warranties shall continue to be true and correct as of such specified earlier date. (d) The making of such Loan would not conflict withviolate, or cause any Lender to violate or exceed, any applicable Requirement of LawGovernmental Requirement, and no Change in Law shall have occurred, and no litigation shall be pending or threatened, which does or, with respect to any threatened litigation, seeks to, enjoin, prohibit or restrain, the making or repayment of any Loan, Loan or the consummation of the Transactions transactions contemplated by this Agreement or any other Loan Document. (e) The Interim Order and (or, if the same has been entered, the Final Order) shall remain in full force and effect and shall not have been reversed, modified, amended or stayed. (f) The receipt by the Administrative Agent of a Borrowing Request in accordance with Section 2.03. Each request for a Borrowing Loan shall be deemed to constitute a representation and warranty by the Borrower and the Parent on the date thereof as to the matters specified in Section 6.02(a) through (ce).