Common use of Further Conditions for Disbursement Clause in Contracts

Further Conditions for Disbursement. The obligation of the Lenders to make any Loan (including the first Loan), or any continuation or conversion under Section 2.6 is further subject to the satisfaction of the following conditions precedent: (a) The representations and warranties contained in Article IV hereof and in the Guaranty shall be true and correct on and as of the date such Loan is made (both before and after such Loan is made) as if such representations and warranties were made on and as of such date; (b) No Default or Event of Default shall exist or shall have occurred and be continuing on the date such Loan is made (whether before or after such Loan is made); and (c) No material adverse change in the business, financial condition, or prospects of the Borrower or any Guarantor shall have occurred. The Borrower shall be deemed to have made a representation and warranty to the Lenders at the time of the making of, and the continuation or conversion of, each Loan to the effects set forth in clauses (a), (b) and (c) of this Section 2.6. For purposes of this Section 2.6, the representations and warranties contained in Section 4.6 hereof shall be deemed made with respect to both the financial statements referred to therein and the most recent financial statements delivered pursuant to Section 5.1(d)(ii) and (iii).

Further Conditions for Disbursement. The obligation of the Lenders each Bank to make any Loan (including the its first Loan), or any continuation or conversion under Section 2.6 2.7, is further subject to the satisfaction of the following conditions precedent: (a) The representations and warranties contained in Article IV hereof and in the Guaranty any other Loan Document shall be true and correct in all material respects on and as of the date such Loan is made made, continued or converted (both before and after such Loan is made, continued or converted) as if such representations and warranties were made on and as of such date;; and (b) No Default or Event of Default and no Default shall exist or shall have occurred and be continuing on the date such Loan is made made, continued or converted (whether before or after such Loan is made, continued or converted); and (c) No material adverse change in the business, financial condition, or prospects of the Borrower or any Guarantor shall have occurred. The Borrower shall be deemed to have made a representation and warranty to the Lenders Banks at the time of the making of, and the continuation or conversion of, each Loan to the effects set forth in clauses (a), (b) and (cb) of this Section 2.6. For purposes of this Section 2.6, the representations and warranties contained in Section 4.6 hereof shall be deemed made with respect to both the financial statements referred to therein and the most recent financial statements delivered pursuant to Section 5.1(d)(ii) and (iii).

Further Conditions for Disbursement. The obligation of the Lenders each Bank to make any Loan Advance (including the its first LoanAdvance), or any continuation or conversion under Section 2.6 2.7, is further subject to the satisfaction of the following conditions precedent: (a) The representations and warranties contained in Article IV hereof and in the Guaranty any other Loan Document shall be true and correct in all material respects on and as of the date such Loan Advance is made made, continued or converted (both before and after such Loan Advance is made, continued or converted) as if such representations and warranties were made on and as of such date;; and (b) No of Default or Event of and no Default shall exist or shall have occurred and be continuing on the date such Loan Advance is made made, continued or converted (whether before or after such Loan Advance is made, continued or converted); and (c) No material adverse change in In the businesscase of any Letter of Credit Advance, financial condition, or prospects of the Borrower or any Guarantor requesting such Letter of Credit Advance shall have occurreddelivered to the Agent an application for the related Letter of Credit and other related documentation requested by and acceptable to the Agent appropriately completed and duly executed on behalf of such Borrower. The Each Borrower shall be deemed to have made a representation and warranty to the Lenders Banks at the time of the requesting of, the making of, and the continuation or conversion of, each Loan Advance to the effects set forth in clauses (a), (b) and (cb) of this Section 2.6. For purposes of this Section 2.6, the representations and warranties contained in Section 4.6 hereof shall be deemed made with respect to both the financial statements referred to therein and the most recent financial statements delivered pursuant to Section 5.1(d)(ii5. I(d)(ii) and (iii).

Further Conditions for Disbursement. The obligation of the Lenders each Bank to make any Loan Advance (including the its first LoanAdvance), or any continuation or conversion under Section 2.6 2.7, is further subject to the satisfaction of the following conditions precedent: (a) The representations and warranties contained in Article IV hereof and in the Guaranty any other Loan Document shall be true and correct in all material respects on and as of the date such Loan Advance is made made, continued or converted (both before and after such Loan Advance is made, continued or converted) as if such representations and warranties were made on and as of such date;; and (b) No Default or Event of Default and no Default shall exist or shall have occurred and be continuing on the date such Loan Advance is made made, continued or converted (whether before or after such Loan Advance is made, continued or converted); and (c) No material adverse change in the business, financial condition, or prospects of the Borrower or any Guarantor shall have occurred. The Each Borrower shall be deemed to have made a representation and warranty to the Lenders Banks at the time of the requesting of, the making of, and the continuation or conversion under Section 2.7 of, each Loan Advance to the effects set forth in clauses (a), (b) and (cb) of this Section 2.6. For purposes of this Section 2.6, the representations and warranties contained in Section 4.6 hereof shall be deemed made with respect to both the financial statements referred to therein and the most recent financial statements delivered pursuant to Section 5.1(d)(ii) and (iii), and the representations and warranties contained in Section 4.4 hereof with respect to identifying the Company's Subsidiaries on Schedule 4.4 shall be deemed made as of the last date on which deliveries with respect to the identification of such Subsidiaries were made under Section 5.1(h).

Further Conditions for Disbursement. The obligation of the Lenders Banks to make any Loan (including the first Loan), or any continuation or conversion under Section 2.6 2.7, is further subject to the satisfaction of the following conditions precedent: (a) The representations and warranties contained in Article IV hereof and in the Guaranty shall be true and correct on and as of the date such Loan is made or the date of such continuation or conversion (both before and after such Loan is mademade or such continuation or conversion is done) as if such representations and warranties were made on and as of such date; (b) No Default or Event of Default shall exist or shall have occurred and be continuing on the date such Loan is made or the date of such continuation or conversion (whether before or after such Loan is mademade or such continuation or conversion is done); and (c) No material adverse change In the case of the Term Loan, the Company shall have delivered to each Bank a Term Note in the business, financial condition, or prospects principal amount of such Bank's Pro Rata Share of the Borrower or any Guarantor shall have occurredTerm Loan, appropriately completed and duly executed on behalf of the Company. The Borrower Company shall be deemed to have made a representation and warranty to the Lenders Banks at the time of the making of, and the continuation or conversion of, each Loan to the effects set forth in clauses (a), (b) and (cb) of this Section 2.6. For purposes of this Section 2.6, the representations and warranties contained in Section 4.6 hereof shall be deemed made with respect to both the financial statements referred to therein and the most recent financial statements delivered pursuant to Section 5.1(d)(ii5.1. (d) and (iiiThe Agent shall have received the most recent Borrowing Base Certificate required pursuant to Section 5.1(d)(iv).