Closing Date Conditions. The effectiveness of this Agreement and the funding of the Borrowing hereunder are subject to the satisfaction (or waiver in accordance with Section 11.02) of the following conditions (and, in the case of each document specified in this Section to be received by the Initial Lender (and the applicable Agent or Agents), such document shall be in form and substance satisfactory to the Initial Lender and/or the applicable Agent or Agents):
Closing Date Conditions. The effectiveness of the Existing Credit Agreement and the obligation of each Term Lender to make a Credit Extension on the Closing Date shall be subject to satisfaction (or waiver in accordance with Section 10.01) of the following conditions precedent:
Closing Date Conditions. The obligation of each Lender to make its initial Loan hereunder and LC Issuer to issue the initial Letter of Credit hereunder is subject to satisfaction of the following conditions precedent:
Closing Date Conditions. The obligation of the Investor to purchase the Notes hereunder shall be subject to the satisfaction on the Closing Date of the conditions precedent set forth below:
(a) The Company shall have delivered to the Investor the Notes and this Agreement, each dated the Closing Date.
(b) The Company shall have delivered to the Investor an executed copy of a certificate of the Company, dated the Closing Date, substantially in the form set forth in Exhibit C hereto together with the attachments specified therein.
(c) The Company shall have delivered to the Investor (i) a certificate, dated the Closing Date, of a senior officer of the Company (the statements made in which to have been true and correct on and as of the Closing Date): (x) attaching copies, certified by such officer as true and complete, of the Company’s certificate of incorporation and bylaws (together with any and all amendments thereto); (y) attaching copies, certified by such officer as true and complete, of resolutions of the board of directors (or other governing body) of the Company authorizing and approving the execution, delivery and performance by the Company of this Agreement and the other Note Documents and the transactions contemplated herein and therein; and (x) setting forth the incumbency of the officer or officers of the Company who executed and delivered this Agreement and the other Note Documents including therein a signature specimen of each such officer or officers; and (ii) certificates of the appropriate Governmental Authority of the jurisdiction of formation of the Company and its Subsidiaries, stating that the Company and its Subsidiaries were in good standing under the laws of such jurisdiction as of the Closing Date (or such earlier date as shall be reasonably acceptable to the Investor).
(d) No event shall have occurred and be continuing that (i) constitutes a Default or an Event of Default or (ii) could reasonably be expected to constitute a Material Adverse Effect.
(e) All necessary governmental and third-party approvals, consents and filings required for the issuance of the Notes and entry into the other Note Documents shall have been obtained or made and shall remain in full force and effect.
Closing Date Conditions. The obligation of each Lender to make its initial Loan hereunder is subject to satisfaction of the following conditions precedent:
Closing Date Conditions. The obligation of any Holder to make a Loan on the Closing Date is subject to the satisfaction, or waiver in accordance with Section 12.1, of the following conditions on or before the Closing Date:
Closing Date Conditions. The obligation of Lender to make Loans hereunder shall not become effective until the date on which the following conditions are satisfied in a manner satisfactory to Lender:
Closing Date Conditions. The obligations of the Lenders to make Loans hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):
(a) Signing Date Conditions. The conditions set forth in Section 4.01, shall have been satisfied or waived in accordance with this Agreement on or prior to the Closing Date.
Closing Date Conditions. The obligations of Lessor to lease the Leased Properties and maintain outstanding its Equity Investment, the consolidation, amendment and restatement of the Existing Leases and the effectiveness of this Agreement (the “Closing”) shall occur at the offices of Dechert LLP, One International Place, 000 Xxxxxx Xxxxxx, Boston, Massachusetts 02110, or at such other location as the as the Lessor and the Lessee may agree, at 10:00 a.m. on September 21, 2020 (the “Closing Date”) and shall be subject to the fulfillment to the satisfaction of, or waiver by, the Lessor (acting directly or through its counsel) on or, unless otherwise specified, prior to the Closing Date of the following conditions precedent:
Closing Date Conditions. The obligations of the Holders to make Advances shall not become effective until the date on which the Indenture is executed and delivered and the Notes are duly authorized, issued, authenticated and delivered thereunder. The purchase of the Class A-2 Note on the Closing Date and the obligation of each Holder to make an Advance on the occasion of the initial Draw pursuant to Article 2 is subject to the satisfaction of the following conditions (in addition to the conditions specified in Section 4.02):
(a) All of the conditions precedent in the Sale and Servicing Agreement and the Indenture shall have been satisfied or waived in accordance with the terms thereof.
(b) Each of the statements referred to in Section 4.02(a), (b), (c), (d), (e), (f) and (g) hereof shall be true (as if a Draw shall occur on the Closing Date), and the Class A-2 Agent (with a copy to the Class A-2 Noteholders) shall have received a certificate, dated the Closing Date, of an appropriate officer of the Servicer in which such officer shall (to the best of such officer’s knowledge) certify to such effect.
(c) The Class A-2 Notes shall have been duly executed by the Issuer and delivered to the Class A-2 Agent for the benefit of the Initial Holders.
