Common use of Further Conditions to the Loans Clause in Contracts

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (b) any event or circumstance, which has had or reasonably could be expected to have a Material Adverse Effect, shall have occurred since the Closing Date; (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: (i) a representation and warranty by Borrowers that the conditions in this Section 2.2 have been satisfied; and (ii) a restatement by Borrowers of each of the representations and warranties made by it in each Loan Document and a reaffirmation by Borrowers of the granting and continuance of Xxxxxx’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, circumstance which has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, Loan the Revolving Credit Loan would exceed the Borrowing Availability; or (e) any action, proceeding, investigation, regulation or legislation shall have been instituted, threatened or proposed before any Governmental Authority to enjoin, restrain or prohibit, or to obtain damages in respect of, or which is related to or arises out of, this Agreement or any other Loan Document or the consummation of any transaction contemplated hereby or thereby and which, in Lender's sole judgment, would make it inadvisable to consummate any transaction contemplated by this Agreement or any other Loan Document. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers of each of the representations and warranties made by it in each Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Revolving Credit Loan (including the initial Loan(s)Revolving Credit Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect in any material respect as of such date, except (i) to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct in all material respects as of such earlier date;date and (ii) to the extent that any such representation or warranty (including the representations and warranties referred to in clause (i)) is qualified by materiality, such representation and warranty shall be true and correct in all respects; or (b) any event or circumstance, which circumstance that has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Revolving Credit Loan; or (d) after giving effect to such Revolving Credit Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Revolving Credit Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party Borrower contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, which circumstance that has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. ; The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any -------------------------------- Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; ; or (b) any event or circumstance, which circumstance that has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date; ; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, which circumstance that has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i16) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii17) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to ----------------------------------- fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party Borrower contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, which circumstance that has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (b) any event or circumstance, which has had or reasonably could be expected to have a Material Adverse Effect, shall have occurred since the Closing Date; (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan Loans would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (b) any event or circumstance, which has had or reasonably could be expected to have a Material Adverse Effect, shall have occurred since the Closing Date; (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: (i) a representation and warranty by Borrowers that the conditions in this Section 2.2 have been satisfied; and (ii) a restatement by Borrowers of each of the representations and warranties made by it in each Loan Document and a reaffirmation by Borrowers of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s))Loans) , if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect in any material respect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct in all material respects as of such earlier date;; or (b) any event or circumstance, circumstance which has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, circumstance which has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loan, Loan the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; (b) any event or circumstance, which has had or reasonably could be expected to have a Material Adverse Effect, shall have occurred since the Closing Datedate of the most recent Financial Statement delivered pursuant to Section 4.1; (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or; (d) Lender shall have received a Borrowing Base Certificate in form an substance reasonably satisfactory to the Lender; and (e) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing AvailabilityAvailability applicable to the Revolving Credit Loan, or the Term Loan would exceed the Borrowing Availability applicable to the Term Loan. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any -------------------------------- Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; ; or (b) any event or circumstance, circumstance which has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date; ; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund consider a request for any Loan Revolving Credit Advance (including the request for the initial Loan(s)Revolving Credit Advance), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, circumstance which has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such LoanRevolving Credit Advance; or (d) after giving effect to such Loanthe requested Revolving Credit Advance, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan Revolving Credit Advance shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s))Loans) , if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date; ; or (b) any event or circumstance, circumstance which has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date; ; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or or (d) after giving effect to such Loan, the Revolving Credit Loan would exceed the Borrowing Availability. The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document (except representations and warranties which relate to a specific prior date shall be true and correct in all material respects as of the date such representations and warranties were initially made) and a reaffirmation by Borrowers Borrower of the granting and continuance of Xxxxxx’s Lender's Liens pursuant to the Loan Documents.

Further Conditions to the Loans. Lender shall not be obligated to fund any Loan (including the initial Loan(s)Loans), if, as of the date thereof: (a) any representation or warranty by any Credit Party contained herein or in any of the other Loan Documents shall be untrue or incorrect in any material respect as of such date, except to the extent that any such representation or warranty is expressly stated to relate to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date;; or (b) any event or circumstance, which circumstance that has had or reasonably could be expected to have a Material Adverse Effect, Effect shall have occurred since the Closing Date;; or (c) any Default shall have occurred and be continuing or would result after giving effect to such Loan; or (d) after giving effect to such Loanany Revolving Credit Advance, the Revolving Credit Loan would exceed the Borrowing Availability, regardless of the three (3) Business Day period provided for payment of an Overadvance pursuant to Section 1.2(b). The request and acceptance by a Borrower of the proceeds of any Loan shall be deemed to constitute, as of the date of such request and the date of such acceptance: , (i) a representation and warranty by Borrowers Borrower that the conditions in this Section 2.2 have been satisfied; satisfied and (ii) a restatement by Borrowers Borrower of each of the representations and warranties made by it in each any Loan Document (except to the extent that any such representation or warranty relates to a specific earlier date, in which case, such representation and warranty shall be true and correct as of such earlier date) and a reaffirmation by Borrowers Borrower of the granting and continuance of XxxxxxLender’s Liens pursuant to the Loan Documents.