Common use of Condition Precedent to the Loan Clause in Contracts

Condition Precedent to the Loan. The obligation of Honview to make any advance is subject to the satisfaction of the following conditions precedent: (a) Honview shall have received on or before the date of this Agreement, duly authorized, executed and delivered by each person that is a party thereto, in form and substance reasonably satisfactory to Honview, each of (i) the Note and (ii) this Agreement. (i) The representations and warranties of Migration contained in Section 2 of this Agreement and, in all material respects, in the Note, shall be true and correct on the date of this Agreement and as of the date (the "Advance Date") on which each advance is to be made; (ii) no Default or Event Of Default shall have occurred and be continuing on the date of this Agreement or the Advance Date either before or after giving effect to the making of the advance or any subsequent advance; and (iii) no events or state of affairs which could reasonably be expected to result (or has resulted) in a "Material Adverse Effect" (as defined below) on Migration and its subsidiaries shall have occurred since July 1, 2000. For purposes of this Agreement, a Material Adverse Effect means (A) a material adverse effect on the business, assets, operations or condition (financial or otherwise) or prospects of Migration and its subsidiaries taken as a whole, or (B) material impairment of the ability of Migration or any of its subsidiaries to perform timely any of its respective obligations under this Agreement or the Note, or (C) material impairment of the rights of or benefits available to Honview under this Agreement and Note; and (c) Such other conditions precedent which Honview may reasonably have required.

Condition Precedent to the Loan. The obligation of Honview Sheridan Investments to make any advance Advance is subject to the satisfaction of the following conditions precedent: (a) Honview AmeriVest shall have received on or before the date of this Agreement, duly authorized, executed and delivered by each person that is a party thereto, in form this Agreement and substance reasonably satisfactory to Honview, each of (i) the Note and (ii) this Agreement.to Sheridan Investments on or before the Effective Date; (i) The representations and warranties of Migration AmeriVest contained in Section 2 3 of this Agreement and, in all material respects, and in the Note, Note shall be true and correct on the date of this Agreement Effective Date and as of the date (the "Advance Date") on which each advance Advance is to be made; (ii) no Default or Event Of Default shall have occurred and be continuing on the date of this Agreement Effective Date or the any Advance Date either before or after giving effect to the making of the advance that Advance or any subsequent advanceAdvance; and (iii) no events or state of affairs which could reasonably be expected to result (or has resulted) in a "Material Adverse Effect" (as defined below) on Migration AmeriVest and its subsidiaries subsidiaries, if any, shall have occurred since July January 1, 20002001. For purposes of this Agreement, a Material Adverse Effect means (A) a material adverse effect on the business, assets, operations or condition (financial or otherwise) or prospects of Migration AmeriVest and its subsidiaries subsidiaries, if any, taken as a whole, or (B) material impairment of the ability of Migration AmeriVest or any of its subsidiaries to perform timely any of its respective obligations under this Agreement either Loan Document to which it is or the Notewill be a party, or (C) material impairment of the rights of or benefits available to Honview Sheridan Investments under this Agreement either Loan Document; (c) Sheridan Investments shall have received from AmeriVest a written request for an Advance and Notesuch other certifications as Sheridan Investments may reasonably require with respect to any Advance; and (cd) Such other conditions precedent which Honview Sheridan Investments may reasonably have required.

Condition Precedent to the Loan. The obligation of Honview to make any advance is subject to the satisfaction of the following conditions precedent: (a) Honview shall have received on or before the date of this Agreement, duly authorized, executed and delivered by each person that is a party thereto, in form and substance reasonably satisfactory to Honview, each of (i) the Note and (ii) this Agreement. (i) The representations and warranties of Migration COL International contained in Section 2 of this Agreement and, in all material respects, in the Note, shall be true and correct on the date of this Agreement and as of the date (the "Advance Date") on which each advance is to be made; (ii) no Default or Event Of Default shall have occurred and be continuing on the date of this Agreement or the Advance Date either before or after giving effect to the making of the advance or any subsequent advance; and (iii) no events or state of affairs which could reasonably be expected to result (or has resulted) in a "Material Adverse Effect" (as defined below) on Migration COL International and its subsidiaries shall have occurred since July 1, 2000. For purposes of this Agreement, a Material Adverse Effect means (A) a material adverse effect on the business, assets, operations or condition (financial or otherwise) or prospects of Migration COL International and its subsidiaries taken as a whole, or (B) material impairment of the ability of Migration COL International or any of its subsidiaries to perform timely any of its respective obligations under this Agreement or the Note, or (C) material impairment of the rights of or benefits available to Honview under this Agreement and Note; and (c) Such other conditions precedent which Honview may reasonably have required.

Condition Precedent to the Loan. The obligation of Honview UCT to make any advance Advance is subject to the satisfaction of the following conditions precedent: (a) Honview NEI shall have received on or before the date of this Agreement, duly authorized, executed and delivered by each person that is a party thereto, in form this Agreement and substance reasonably satisfactory to Honview, each of (i) the Note and (ii) this Agreement.to UCT on or before the Effective Date; (i) The representations and warranties of Migration NEI contained in Section 2 3 of this Agreement and, in all material respects, and in the Note, Note shall be true and correct on the date of this Agreement Effective Date and as of the date (the "“Advance Date"”) on which each advance Advance is to be made; (ii) no Default or Event Of Default shall have occurred and be continuing on the date of this Agreement Effective Date or the any Advance Date either before or after giving effect to the making of the advance that Advance or any subsequent advanceAdvance; and (iii) no events or state of affairs which could reasonably be expected to result (or has resulted) in a "“Material Adverse Effect" ” (as defined below) on Migration NEI and its subsidiaries subsidiaries, if any, shall have occurred since July January 1, 20002007. For purposes of this Agreement, a Material Adverse Effect means (A) a material adverse effect on the business, assets, operations or condition (financial or otherwise) or prospects of Migration NEI and its subsidiaries subsidiaries, if any, taken as a whole, or (B) material impairment of the ability of Migration NEI or any of its subsidiaries to perform timely any of its respective obligations under this Agreement either Loan Document to which it is or the Notewill be a party, or (C) material impairment of the rights of or benefits available to Honview UCT under this Agreement either Loan Document; (c) UCT shall have received from NEI a written request for an Advance and Notesuch other certifications as UCT may reasonably require with respect to any Advance; and (cd) Such other conditions precedent which Honview that UCT may reasonably have required.

Condition Precedent to the Loan. The obligation of Honview Sheridan Investments to make any advance Advance is subject to the satisfaction of the following conditions precedent: (a) Honview AmeriVest shall have received on or before the date of this Agreement, duly authorized, executed and delivered by each person that is a party thereto, in form this Agreement and substance reasonably satisfactory to Honview, each of (i) the Note and (ii) this Agreement.to Sheridan; (i) The representations and warranties of Migration AmeriVest contained in Section 2 3 of this Agreement and, in all material respects, and in the Note, Note shall be true and correct on the date of this Agreement Effective Date and as of the date (the "Advance Date") on which each advance Advance is to be made; (ii) no Default or Event Of Default shall have occurred and be continuing on the date of this Agreement Effective Date or the any Advance Date either before or after giving effect to the making of the advance that Advance or any subsequent advanceAdvance; and (iii) no events or state of affairs which could reasonably be expected to result (or has resulted) in a "Material Adverse Effect" (as defined below) on Migration AmeriVest and its subsidiaries subsidiaries, if any, shall have occurred since July 1, 2000. the filing date of AmeriVest's latest report on Form 10-K or 10-Q. For purposes of this Agreement, a Material Adverse Effect means (A) a material adverse effect on the business, assets, operations or condition (financial or otherwise) or prospects of Migration AmeriVest and its subsidiaries subsidiaries, if any, taken as a whole, or (B) material impairment of the ability of Migration AmeriVest or any of its subsidiaries to perform timely any of its respective obligations under this Agreement either Loan Document to which it is or the Notewill be a party, or (C) material impairment of the rights of or benefits available to Honview Sheridan Investments under this Agreement either Loan Document; (c) Sheridan Investments shall have received from AmeriVest a written request for an Advance and Notesuch other certifications as Sheridan Investments may reasonably require with respect to any Advance; and (cd) Such other conditions precedent which Honview Sheridan Investments may reasonably have required.