Common use of Further Conditions to Each Loan Clause in Contracts

Further Conditions to Each Loan. Except as otherwise expressly provided herein, Lender shall not be obligated to fund any Advance if, as of the date thereof: (i) any representation or warranty by any Credit Party contained herein or in any other Loan Document is untrue or incorrect as of such date, except to the extent that such representation or warranty expressly relates to an earlier date, and Lender shall have determined not to make such Advance as a result of the fact that such warranty or representation is untrue or incorrect; (ii) any Default or Event of Default has occurred and is continuing or would result after giving effect to any Advance and Lender shall have determined not to make any Advance as a result of that Default or Event of Default; and (iii) any event or circumstance shall have occurred that has or reasonably could be expected to have a Material Adverse Effect. The request and acceptance by any Borrower of the proceeds of any Advance or the benefit of any Advance shall be deemed to constitute, as of the date thereof, (i) a representation and warranty by Borrower that the conditions precedent in this Section 2.2 have been satisfied and (ii) a reaffirmation by each Credit Party of its obligations under the Loan Documents to which it is a party or a signatory and of the granting and continuance of Lender's Liens pursuant to the Collateral Documents.

Further Conditions to Each Loan. Except as otherwise expressly provided herein, no Lender shall not be obligated to fund any Advance Loan or convert or continue any Loan as a LIBOR Loan, if, as of the date thereof: (ia) any Any representation or warranty by Holdings or any Credit Party contained herein or in any of the other Loan Document is Documents shall be untrue or incorrect as of such date, except to the extent that such representation or warranty expressly relates to an earlier date, date and Lender except for changes therein expressly permitted or expressly contemplated by this Agreement; or (b) Any event or circumstance having a Material Adverse Effect shall have occurred since the date hereof as determined not to make such Advance as a result of by the fact that such warranty or representation is untrue or incorrect;Requisite Lenders; or (iii) any Default or Any Event of Default has shall have occurred and is be continuing or would result after giving effect to any Advance Loan or (ii) a Default shall have occurred and Lender be continuing or would result after giving effect to any Loan, and Agent or Requisite Lenders shall have determined not to make any Advance Loan so long as a result of that Default or Event of Defaultis continuing; andor (iiid) After giving effect to any event or circumstance shall have occurred that has or reasonably could be expected to have a Material Adverse EffectAdvance, the outstanding principal amount of the Revolving Loan would exceed the lesser of the Borrowing Base and the Maximum Amount. The request and acceptance by any Borrower of the proceeds of any Advance Loan or the benefit conversion or continuation of any Advance Loan into, or as, a LIBOR Loan, as the case may be, shall be deemed to constitute, as of the date thereofof such request or acceptance, (i) a representation and warranty by Borrower that the conditions precedent in this Section 2.2 have been satisfied and (ii) a reaffirmation by each Credit Party of its obligations under the Loan Documents to which it is a party or a signatory and Borrower of the granting and continuance of LenderAgent's Liens Liens, on behalf of itself and Lenders, pursuant to the Collateral Documents.

Further Conditions to Each Loan. Except as otherwise expressly provided herein, The obligation of Agent and Lender shall not be obligated to fund any Advance if, as Revolving Loan or issue or cause to be issued any Letter of Credit is subject to satisfaction or waiver on or before any such funding or issuance of the date thereoffollowing conditions precedent: (i) any representation or warranty by any Credit Party All representations and warranties contained herein or and in any other Loan Document is untrue or incorrect the Other Agreements shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of such datethe date of the making of each extension of credit and after giving effect thereto, except to the extent that such representation or warranty representations and warranties expressly relates relate solely to an earlier date, date (in which case such representations and Lender warranties shall have determined not to make been true and accurate on and as of such Advance as a result of the fact that such warranty or representation is untrue or incorrect;earlier date); and (ii) any Default or No Event of Default has and no act, condition or event which, with notice or passage of time or both, would constitute an Event of Default, shall exist or have occurred and is be continuing or would result on and as of the date of, and after giving effect to to, the making of such Loan or issuance any Advance and Lender shall have determined not to make any Advance as a result Letter of that Default or Event of Default; and (iii) any event or circumstance shall have occurred that has or reasonably could be expected to have a Material Adverse EffectCredit. The request and acceptance by any a Borrower of the proceeds of any Advance or the benefit of any Advance Revolving Loan shall be deemed to constitute, as of the date thereof, (iA) a representation and warranty by such Borrower that the conditions precedent in this Section 2.2 subsection 17(b) have been satisfied and (iiB) a reaffirmation by each Credit Party of its obligations under the Loan Documents to which it is a party or a signatory and such Borrower of the granting and continuance of Lender's Liens pursuant to the Collateral DocumentsAgent’s liens, on behalf of itself and Lenders.