Common use of No Default; Representations and Warranties, etc Clause in Contracts

No Default; Representations and Warranties, etc. On the date hereof and on the date of each Advance hereunder: (i) the representations and warranties of the Borrower contained in Section 2 of this Agreement shall be true and correct in all material respects on and as of such dates as if they had been made on such dates (except to the extent that such representations and warranties expressly relate to an earlier date or are affected by the consummation of transactions permitted under this Agreement); (ii) the Borrower shall be in compliance in all material respects with all of the terms and provisions set forth herein on their part to be observed or performed on or prior to such dates; (iii) after giving effect to the Advances to be made on such dates, no Default or Event of Default shall have occurred and be continuing; and (iv) since the date of this Agreement, there shall have been no material adverse change in the assets or liabilities or in the financial or other condition or prospects of the Borrower or any Subsidiary. Each request for an Advance hereunder shall constitute a representation and warranty by the Borrower to the Lender that all of the conditions specified in this Section 3, have been and continue to be satisfied in all material respects as of the date of each such Loan.

No Default; Representations and Warranties, etc. On the date hereof of the Closing and on the date of each Advance Loan hereunder: (ia) the representations and warranties of the Borrower Company contained in Section 2 section 3 of this Agreement shall be true and correct in all material respects on and as of such dates as if they had been made on such dates (except to the extent that such representations and warranties expressly relate to an earlier date or are affected by the consummation of transactions permitted under this Agreement); (iib) the Borrower Company shall be in compliance in all material respects with all of the terms and provisions set forth herein on their its part to be observed or performed on or prior to such dates; (iiic) after giving effect to the Advances Loans to be made on such dates, no Default or Event of Default specified in section 8 hereof, nor any event which with the giving of notice or expiration of any applicable grace period or both would constitute such an Event of Default, shall have occurred and be continuing; and (ivd) since the date of this Agreement, there shall have been no material adverse change in the assets or liabilities or in the financial or other condition or prospects of the Borrower Company or any Subsidiary. Each request for an Advance a Loan hereunder shall constitute a representation and warranty by the Borrower Company to the Lender Bank that all of the conditions specified in this Section 3, subsection 4.3 have been and continue to be satisfied in all material respects as of the date of each such Loan.

No Default; Representations and Warranties, etc. On the date hereof of -------------------------------------------------------- each Company Revolving Credit Loan hereunder and on the date of each Advance hereunderafter giving effect thereto: (ia) the representations and warranties of the Borrower Company contained herein and in Section 2 of this Agreement -- the Company Security Documents shall be true and correct in all material respects on and as of such dates date as if they had been made on such dates date (except to the extent that such representations and warranties expressly relate to an earlier date or are affected by the consummation of transactions permitted under this AgreementAgreement and except to the extent of changes that, either singly or in the aggregate, have not had and could not reasonably be expected to have a Material Adverse Effect); (iib) the Borrower - Company shall be in compliance in all material respects with all of the terms and provisions set forth herein and in the Company Security Documents on their its part to be observed or performed on or prior to such datesdate; (iiic) after giving effect to the Advances to be made on such dates, no Company - Default or Company Event of Default shall have occurred and be continuing; and (ivd) since the date of this Agreement, there no change shall have been no material adverse change occurred in any law or regulation thereunder that in -- the assets or liabilities or in the financial or other condition or prospects reasonable opinion of the Borrower or any SubsidiaryBank would make it illegal for the Bank to make such Company Revolving Credit Loan. Each request for an Advance a Company Revolving Credit Loan hereunder shall constitute a representation and warranty by the Borrower Company to the Lender Bank that (i) all of the conditions specified in this Section 3, (S)4.3 have been and continue to be - ------ satisfied in all material respects as of the date of each such LoanCompany Revolving Credit Loan and (ii) the information set forth in the reports required pursuant -- to (S)1 in connection with such Company Revolving Credit Loan is true, correct ---- and complete.

No Default; Representations and Warranties, etc. On the date hereof and on the date of each Advance hereunderLoan: (ia) the representations and warranties of the Borrower contained in Section 2 3 of this Agreement shall be true and correct in all material respects on and as of such dates as if they had been made on such dates (except to the extent that such representations and warranties expressly relate to an earlier date or are affected by the consummation of transactions permitted under this Agreement); (iib) the Borrower shall be in compliance in all material respects with all of the terms and provisions set forth herein on their its part to be observed or performed on or prior to such dates; (iiic) after giving effect to the Advances Loans to be made on such dates, no Default or Event of Default Default, shall have occurred and be continuing; and (ivd) since the date of the most recent reviewed financial statements of the Borrower delivered on or prior to the date of this Agreement, there shall have been no material adverse change in the aggregate of the assets or liabilities or in the financial or other condition or prospects of the Borrower and its Subsidiaries, taken as a whole; and (e) there shall have been no change in any law or any Subsidiaryregulation thereunder or any interpretation thereof which, in the reasonable opinion of the Bank, would make it illegal for the Bank to make the Loan. Each request for an Advance a Loan hereunder shall constitute a representation and warranty by the Borrower to the Lender Bank that all of the conditions specified in clauses (a) through (d) of this Section 3, subsection 4.3 have been and continue to be satisfied in all material respects as of the date of each such Loan, and the Bank shall have received a certificate of a duly authorized officer of each Borrower that the conditions precedent set forth in subsections (a) through (d) of this subsection 4.3 have been satisfied and such other approvals, opinions or documents as the Bank may reasonably request with respect to such conditions precedent.

No Default; Representations and Warranties, etc. On the date hereof Closing Date and on the date of each Advance hereunderLoan hereunder and on the Conversion Date: (i) the representations and warranties of the Borrower Company contained in Section 2 3 of this Agreement shall be true and correct in all material respects on and as of such dates as if they had been made on such dates (except to the extent that such representations and warranties expressly relate to an earlier date or are affected by the consummation of transactions permitted under this Agreement); (ii) the Borrower Company shall be in compliance in all material respects with all of the terms and provisions set forth herein on their its part to be observed or performed on or prior to such dates; (iii) after giving effect to the Advances Loans to be made on such dates, no Default or Event of Default Default, shall have occurred and be continuing; and (iv) since the date of this Agreement, there shall have been no material adverse change in the assets or liabilities or in the financial or other condition or prospects of the Borrower Company or any Subsidiary; and (v) the Company shall not have knowledge of a decrease in the Available Line Commitment since the date of the most recently submitted Borrowing Base Report. Each request for an Advance a Loan hereunder shall constitute a representation and warranty by the Borrower Company to the Lender Lenders that all of the conditions specified in this Section 3, subsection 4.3 have been and continue to be satisfied in all material respects as of the date of each such Loan.

No Default; Representations and Warranties, etc. On the date hereof Closing Date and ----------------------------------------------- on the date of each Advance hereunderLoan hereunder and on the Conversion Date: (i) the representations and warranties of the Borrower Company contained in Section 2 3 of this --------- Agreement shall be true and correct in all material respects on and as of such dates as if they had been made on such dates (except to the extent that such representations and warranties expressly relate to an earlier date or are affected by the consummation of transactions permitted under this Agreement); (ii) the Borrower Company shall be in compliance in all material respects with all of the terms and provisions set forth herein on their its part to be observed or performed on or prior to such dates; (iii) after giving effect to the Advances Loans to be made on such dates, no Default or Event of Default Default, shall have occurred and be continuing; and (iv) since the date of this Agreement, there shall have been no material adverse change in the assets or liabilities or in the financial or other condition or prospects of the Borrower Company or any Subsidiary; and (v) the Company shall not have knowledge of a decrease in the Available Line Commitment since the date of the most recently submitted Borrowing Base Report. Each request for an Advance a Loan hereunder shall constitute a representation and warranty by the Borrower Company to the Lender Lenders that all of the conditions specified in this Section 3, subsection 4.3 have been and continue to be satisfied in all material respects as of the date of -------------- each such Loan.