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.
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Samples: Class a 2 Note Purchase Agreement (NewStar Financial, Inc.), Purchase Agreement (NewStar Financial, Inc.)
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 Borrowing pursuant to Article 2 3 of this Agreement is subject to the satisfaction of the following conditions (in addition to the conditions specified in Section 4.025.02):
(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 (g5.02(a) hereof shall be true (as if a Draw Borrowing shall occur on the Closing Date), other than the condition set forth in clause (5) of the definition of “Class A-2 Borrowing Conditions”, and the Class A-2 Note 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 Collateral Manager 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 Issuer, authenticated by the Authentication Agent and delivered to the Class A-2 Note Agent for the benefit of the Initial Holders.
Appears in 1 contract
Samples: Class a 2 Note Purchase Agreement (MCG Capital Corp)
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 A-1A VFN Note on the Closing Date and Date, the obligation of each Holder to make an Advance on the occasion of the initial Draw pursuant to Article 2 II 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 A-1A VFN Agent (with a copy to the Class A-2 NoteholdersHolders) shall have received a certificate, dated the Closing Date, of an appropriate officer a Responsible 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 A-1A VFN Notes shall have been duly executed by the Issuer and delivered to the Class A-2 A-1A VFN Agent for the benefit of the Initial Holders.
Appears in 1 contract
Samples: Class a 1a VFN Purchase Agreement (Ares Capital Corp)
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 any Class A-2 A-1AR Note on the Closing Date and the obligation of each the related Holder to make an Advance on the occasion of the initial Class A-1AR 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 Article III of 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), (fSections 4.02(b) and (gc) hereof shall be true (as if a Class A-1AR Draw shall occur on the Closing Date), and the Class A-2 A-1AR Note Agent (with a copy to the Holders of the Class A-2 NoteholdersA-1AR Notes) and the Collateral Manager shall be deemed to have received a certificatecertified, dated as of 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 A-1AR Notes shall have been duly executed by the Issuer Co-Issuers and delivered to the Class A-2 A-1AR Note Agent for the benefit of the Initial Holders.
Appears in 1 contract
Samples: Class a 1ar Note Purchase Agreement (Arbor Realty Trust Inc)