Common use of Each Additional Loan Clause in Contracts

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowings: the representations and warranties of the Loan Parties contained in Article 6 hereof shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan or the issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties or any of the Banks; and the Borrowers shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request for Letters of Credit, as applicable.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder Date, or the issuance of any Letter of Credit, and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article 6 hereof Section 5 and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit in all material respects with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct in all material respects on and as of the specific dates or times referred to therein)therein or except representations and warranties which are already qualified by a materiality standard or are subject to the knowledge of a Loan Party, which representations and warranties shall be true and correct in all respects) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan or the issuance of such Letter of Credit Loans shall not contravene any Law applicable to the Loan Parties or any of the Banks; and the Borrowers shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request for and any documents relating to Letters of Credit, as applicableCredit required by Agent.

Each Additional Loan. At the time of making any Revolving Credit Loans, Bid Loan or Swing Loans or issuing issuance of any Letters of Credit other than Revolving Credit Loans or Bid Loans made or Letters of Credit deemed issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article 6 hereof and in the other Loan Documents shall be true on and as of the date of such additional Revolving Credit Loan, Bid Loan or Swing Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Revolving Credit Loans, Bid Loans or the Swing Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers Borrower shall have delivered to the Administrative Agent and, if applicable, or the Issuing Letter of Credit Bank Bank, a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article Section 6 hereof and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article 6 hereof Section and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to any Loan Party or the Loan Parties or any of the BanksLender; and the Borrowers Borrower shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank Lender a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article 6 hereof Section 5 and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein)therein and except changes to representations and warranties that, in the good faith determination of the Required Banks, would not constitute a Material Adverse Change) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; the Borrowers shall have delivered to the Agent a duly executed and completed Loan Request or application for a Letter of Credit as the case may be; and the Borrowers shall have delivered to the Agent and, if applicable, a certificate showing Availability for the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request for Letters of Credit, as applicableLoan.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article Section 6 hereof and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers Borrower shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowings: the representations and warranties of the Loan Parties Borrower contained in Article 6 hereof 5 shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties Borrower shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties Borrower or any Subsidiary of the Borrower or any of the Banks; and the Borrowers Borrower shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowings: the representations and warranties of the Loan Parties Borrowers contained in Article 6 hereof III of this Agreement shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties Borrowers shall have performed and complied with all covenants and conditions hereofof this Agreement, including without limitation, execution, the delivery and recording of Mortgages from any New Properties set forth on Appendix 1, as the same may be amended from time to time; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the Loan Parties Borrowers or any of the BanksLender; and the Borrowers shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank Lender a duly executed and completed Loan Request Borrowing Base Certificate or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article Section 6 hereof and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the BanksLenders; and the Borrowers Borrower and the Co-Borrower shall have delivered to the Administrative Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties Borrowers contained in Article Section 6 hereof and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) (and each Loan Request shall be deemed to constitute a representation and warranty to the Agent and the Loan Parties Banks to that effect and that all of the condition to funding have been met) and the Borrowers shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or Subsidiary of any Loan Party or any of the Banks; and the Borrowers shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.

Each Additional Loan. At the time of making any Loans or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article Section 6 hereof and in the other Loan Documents shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein), ) and the Loan Parties shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of such Loan the Loans or the issuance of such Letter of Credit shall not contravene any Law applicable to the any Loan Parties Party or any of the Banks; and the Borrowers Borrower shall have delivered to the Agent and, if applicable, the Issuing Letter of Credit Bank a duly executed and completed Loan Request or request application for Letters a Letter of Credit, Credit as applicablethe case may be.