Common use of Representations and Warranties; No Defaults Clause in Contracts

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance of such Letter of Credit, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on and as of the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations representation and warranties shall have been true and correct in all material respects on and as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereofthereto: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Credit Documents shall be true and correct on and as of the Closing Date and that have no materiality or Material Adverse Effect qualification shall be true and correct in all material respects on and as of any such date after the Closing Date representations and warranties set forth in Article IV and in the other Credit Documents that have a materiality or Material Adverse Effect qualification shall be true and correct in all respects, in each case with the same effect as though made on and as of such datedate or, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuingcontinuing or shall occur as a result of such Issuance or from the application of proceeds thereof.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Revolving Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV Section 3 (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except (A) to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier datedate and (B) the representation and warranty set forth in Section 3.2 shall be made on and as of the Closing Date only; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance of a Letter of Credit, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV V (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance, both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such datedate (or, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations on and warranties shall have been true and correct in all material respects as of such earlier date); and (ii) no No Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance of such Letter of Credit, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereofthereto: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan LC Facility Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceIssuance (other than an initial Loan or Issuance pursuant to an Incremental Facility established in connection with a Limited Condition Transaction), both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereof: therefrom: (iA) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such the date after the Closing Date with the same effect as though made on and as of such dateextension of credit, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations representation and warranties shall have been true and correct in all material respects as of such earlier date; and and (iiB) no Default or Event of Default shall have occurred and be continuingcontinuing or would result therefrom.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance of a Letter of Credit, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV VI (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance, both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) 4 and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such datedate (or, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations on and warranties shall have been true and correct in all material respects as of such earlier date); and (ii) no No Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents Pledge and Security Agreement and the Mortgages shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents Financing Agreements shall be true and correct in all material respects on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations representation and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) III hereof and in the other Loan Documents (other than any Cash Management Documents not arising in connection with this Agreement) shall be true and correct on and as of the Closing Date and shall be (or true and correct in all material respects on and as of any such date after the Closing Date if not otherwise qualified by materiality or by a Material Adverse Effect) with the same effect as though if then made on and as of such date, except (unless expressly stated to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been be true and correct (or true and correct in all material respects if not otherwise qualified by materiality or by a Material Adverse Effect) as of such earlier date); and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: : (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuancedate, both before and after giving effect thereto andto such Loan or, in the case of any Loanas applicable, to the application of the proceeds thereof: such Issuance: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other any Loan Documents Document shall be true and correct on and as of (A) if such date is the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made Date, on and as of such datedate or, except to the extent such representations and warranties expressly relate to an earlier date, on and as of such earlier date and (B) otherwise, in which case all material respects on and as of such date or, to the extent such representations and warranties shall have been true expressly relate to an earlier date, on and correct in all material respects as of such earlier date; and , except for such changes as are expressly permitted by the terms of this Agreement and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Original Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Original Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; provided, however, that solely for purposes of representations and warranties made on the Original Effective Date with respect to the Target and its Subsidiaries, such representations and warranties shall be limited to the Specified Representations; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance, both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.. AMENDED AND RESTATED CREDIT AGREEMENT SUNTRON CORPORATION

Representations and Warranties; No Defaults. The following statements shall be true on and as of the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations representation and warranties shall have been true and correct in all material respects on and as of such earlier date; and; (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceLoan, both before and after giving effect thereto and, in the case of any Loan, and to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on and as of the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Original Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Original Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations representation and warranties shall have been true and correct in all material respects on and as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; andand AMENDED AND RESTATED CREDIT AGREEMENT TXXXX HEALTHCARE CORPORATION (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance, both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and WarrantiesREPRESENTATIONS AND WARRANTIES) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties they shall have been be true and correct in all material respects as of such earlier date; and; (ii) no Default or Event of Default shall have occurred and be continuing.; and

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article ARTICLE IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; PROVIDED that representations and warranties which by their terms are qualified by materiality or by reference to a Material Adverse Effect shall be true and correct in all respects; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATION

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceLoan, both before and after giving effect thereto and, in the case of any Loan, to the application of and applying the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, date in which case such representations case, the representation and warranties shall have been were true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.;

Representations and Warranties; No Defaults. The following statements shall be true on On the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Revolving Loan or Issuance, both before and after giving effect thereto and, in the case of any such Revolving Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct in all material respects on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and; (ii) no Borrowing Base Deficiency shall exist; and (iii) no Immediate Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuanceissuance, both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct in all material respects on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceIssuance of a Letter of Credit, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case case, such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereofthereto: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Credit Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; provided that representations and warranties which by their terms are qualified by materiality or by reference to a Material Adverse Effect shall be true and correct in all respects; and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on and as of the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations representation and warranties shall have been true and correct in all material respects on and as of such earlier date; and (ii) no Default or Event of Default shall have has occurred and be is continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereoftherefrom: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuingoccurred.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any Loan, to the application of the proceeds thereofthereof on the date such Loan is made: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Date and shall be true and correct in all material respects (to the extent such representations and warranties are not already qualified by materiality) on and as of any such date after the Closing Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier datedate (to the extent such representations and warranties are not already qualified by materiality); and (ii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both before and after giving effect thereto and, in the case of any such Loan, to the application of the proceeds thereoftherefrom: (i) the The representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents shall be true and correct on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties ; (ii) no Borrowing Base Deficiency shall have been true and correct in all material respects as of such earlier dateexist; and (iiiii) no Default or Event of Default shall have occurred and be continuing.

Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof: (i) the representations and warranties set forth in Article IV (Representations and Warranties) and in the other Loan Documents Financing Agreements shall be true and correct in all material respects on and as of the Closing Effective Date and shall be true and correct in all material respects on and as of any such date after the Closing Effective Date with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date; and (ii) no Default or Event of Default shall have occurred and be continuing.. AMENDED AND RESTATED CREDIT AGREEMENT