Conditions of Initial Advance. The obligation of each Lender to make its Loans on the Closing Date hereunder is subject to satisfaction of the following conditions precedent:
(a) The Administrative Agent’s receipt of the following, each of which shall be originals or telecopies (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party, each dated the Closing Date (or, in the case of certificates of governmental officials, a recent date before the Closing Date) and each in form and substance satisfactory to the Administrative Agent and each of the Lenders:
(i) executed counterparts of this Agreement and the Subsidiary Guaranty, sufficient in number for distribution to the Administrative Agent, each Lender and the Company;
(ii) Notes executed by the Borrower in favor of each Lender requesting Notes;
(iii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of the Company and the Borrower as the Administrative Agent may require evidencing the identity, authority and capacity of each Responsible Officer thereof authorized to act as a Responsible Officer in connection with this Agreement and the other Loan Documents to which such Loan Party is a party;
(iv) such documents and certifications as the Administrative Agent may reasonably require to evidence that each of the Company and the Borrower is duly organized or formed, is validly existing, in good standing and qualified to engage in business in each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification, except to the extent that failure to be so qualified could not reasonably be expected to have a Material Adverse Effect;
(v) written opinions of the Chief Legal Officer of the Borrower, of the Company’s Dutch counsel, and of the Borrower’s outside counsels, addressed to the Administrative Agent and the Lenders, in substantially the forms attached hereto as Exhibit G-1 (for US opinions) and Exhibit G-2 (for foreign opinions), respectively;
(vi) a certificate signed by a Responsible Officer of the Company certifying that (A) the representations and warranties of the Borrower contained in Article V are true and correct in all material respects (except to the extent that such representation or warranty is qualified by reference to materiality or Material Adverse Effect, in which case it shall be true and correct in all respect...
Conditions of Initial Advance. The obligation of the Lenders to make the initial Advance under the Revolving Credit Facility, and of the Issuing Bank to issue any Letter of Credit, and of Bank of America to make any Swing Line Loan, is subject to the conditions precedent that:
(a) the Agent shall have received on the Closing Date, in form and substance satisfactory to the Agent and Lenders, the following:
Conditions of Initial Advance. The obligation of the Lender to make the initial Advance hereunder shall be subject to the prior or simultaneous fulfillment of each of the following conditions:
Conditions of Initial Advance. The obligation of the Lenders to make the initial Advance under the Revolving Credit Facility, and of the Issuing Bank to issue any Letter of Credit, is subject to the conditions precedent that:
(a) the Agent shall have received on the Closing Date, in form and substance satisfactory to the Agent and Lenders, the following:
Conditions of Initial Advance. The obligation of the Lender to make the initial Advance is subject to the accuracy of each and every representation and warranty of the Borrower contained in this Agreement, and to the receipt of the following on or before the Closing Date:
Conditions of Initial Advance. The obligation of the Lenders to make the initial Advance under the Revolving Credit Facility, and of the Issuing Bank to issue any Letter of Credit, and of NationsBank to make any Swing Line Loan, is subject to the conditions precedent that:
(a) the Administrative Agent, or with respect to the Security Instruments, the Collateral Agent, shall have received on the Closing Date, in form and substance satisfactory to the Administrative Agent and Lenders, the following:
Conditions of Initial Advance. 48 6.2. Conditions of all Loans and Letters of Credit. ......... 50
Conditions of Initial Advance. This Agreement shall not become effective until the following conditions precedent have been satisfied in the sole judgment of the Agent:
(a) the Agent shall have received on the Closing Date, in form and substance satisfactory to the Agent and Lenders, the following:
Conditions of Initial Advance. The obligation of Lender to make the Initial Advance of the Loan, other than the Advance of Loan Proceeds on the Closing Date (the “Initial Advance”) shall be subject to the following conditions precedent, all of which conditions precedent must be satisfied prior to the Initial Advance:
Conditions of Initial Advance. 27 4.2. Conditions of All Revolving Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE V Representations and Warranties
