Conditions of Initial Credit Extensions Sample Clauses
Conditions of Initial Credit Extensions. The obligation of each Bank to make its initial Credit Extension hereunder is subject to the condition that the Agent shall have received on or before the Closing Date all of the following, in form and substance satisfactory to the Agent and each Bank, and in sufficient copies for each Bank:
Conditions of Initial Credit Extensions. The obligation of the Bank to make its initial Credit Extension hereunder is subject to the condition that the Bank shall have received on or before the Closing Date all of the following, in form and substance satisfactory to the Bank:
(a) This Agreement executed by each party thereto;
(b) A photocopy of the bylaws (including all amendments thereto) of the
(c) A certificate, dated the Effective Date, executed by the Secretary of the Company, certifying (with appropriate organizational resolutions attached thereto): (A) that all action required to be taken by the Company in connection with the authorization, execution, delivery and performance of this Agreement and the transactions contemplated hereby and thereby has been taken and (B) the names and true signatures of its respective officers authorized to execute, deliver and perform, as applicable, this Agreement, and all other documents and notices to be delivered by it hereunder;
(d) A good standing certificate and tax good standing for the Company from the Department of Treasury of New Jersey and the Secretary of State (or similar applicable Governmental Authority) of each state where the Company is qualified to do business as a foreign corporation as of a recent date;
(e) A photocopy of the bylaws (including all amendments thereto) of each Subsidiary Guarantor, certified by the Secretary of such Subsidiary Guarantor; and such Subsidiary Guarantor's certificate of incorporation (and all amendments thereto), certified by the applicable Governmental Authority of the state where such Subsidiary Guarantor was organized;
(f) A certificate, dated the Effective Date, executed by the Secretary of each Subsidiary Guarantor, certifying (with appropriate organizational resolutions attached thereto): (A) that all action required to be taken by such Subsidiary Guarantor in connection with the authorization, execution, delivery and performance of the Subsidiary Guaranty and the transactions contemplated thereby has been taken and (B) the names and true signatures of its respective officers authorized to execute, deliver and perform, as applicable, the Subsidiary Guaranty, and all other documents and notices to be delivered by it thereunder;
(g) A good standing certificate and tax good standing for each Subsidiary Guarantor from the Secretary of State (or similar applicable Governmental Authority) of each state where such Subsidiary Guarantor is organized and is qualified to do business as a foreign corporation as of ...
Conditions of Initial Credit Extensions. The effectiveness of this Agreement and the obligation of each Lender to make its initial Loan hereunder and the obligation of the Issuing Lender to issue Letters of Credit hereunder, are subject to the condition that the Administrative Agent shall have received all of the following, in form and substance satisfactory to the Administrative Agent, and in sufficient copies for each Lender:
Conditions of Initial Credit Extensions. The obligations of the Lenders to make the initial Loans and of the Issuing Lender to issue or continue its initial Letters of Credit hereunder shall not become effective until the date on which the Administrative Agent and the Collateral Agent shall have received each of the following documents, each of which shall be satisfactory to the Administrative Agent in form and substance (or such condition shall have been waived in accordance with Section 10.05):
Conditions of Initial Credit Extensions. The obligation of each Lender to make its initial Credit Extension hereunder is subject to satisfaction of the following conditions precedent:
Conditions of Initial Credit Extensions. The obligation of the L/C Issuer and each Lender to make its initial Credit Extension on the Restatement Effective Date is subject to satisfaction of the following conditions precedent:
(a) The Administrative Agent’s receipt of the following, each of which shall be originals, telecopies or other electronic image scan transmission (e.g., “pdf” or “tif” via e-mail) (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party or the Lenders, as applicable, each dated the Restatement Effective Date (or, in the case of certificates of governmental officials, a recent date before the Restatement Effective Date) and each in form and substance reasonably satisfactory to the Administrative Agent:
(i) executed counterparts of this Agreement;
(ii) a Note executed by the Borrowers in favor of each Lender requesting a Note to the extent requested five (5) Business Days prior to the Restatement Effective Date;
(iii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of each Loan Party as the Administrative Agent may require evidencing (A) the authority of each Loan Party to enter into this Agreement and the other Loan Documents to which such Loan Party is a party or is to become a party and (B) 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 or is to become a party;
(iv) copies of each Loan Party’s Organization Documents (or a certification that such Organization Documents have not been amended since the date such Organization Documents were previously delivered to the Agents under the Existing Credit Agreements) and such other documents and certifications as the Administrative Agent may reasonably require to evidence that each Loan Party is duly organized or formed, and that each Loan Party 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 so qualify in such jurisdiction could not reasonably be expected to have a Material Adverse Effect;
(v) a certificate signed by a Responsible Officer of the Lead Borrower certifying as to the conditions set forth in clauses (b) and (...
Conditions of Initial Credit Extensions. The effectiveness of this Agreement and the obligation of each Lender to make its initial Loan hereunder and the obligation of the Issuing Lender to issue Letters of Credit hereunder, are subject to the satisfaction of each of the following conditions precedent:
Conditions of Initial Credit Extensions. The obligation of each Lender to make its initial Credit Extension hereunder is subject to the following conditions:
(a) the Administrative Agent shall have received on or before the Closing Date all of the following, in form and substance satisfactory to the Administrative Agent and, as to the items referenced in subsection 5.1(a)(vii), the Required Lenders, and in sufficient copies for each Lender:
Conditions of Initial Credit Extensions. The Closing Date shall occur on the date that the Administrative Agent shall have received all of the following, in form and substance satisfactory to the Administrative Agent and each Lender, and in sufficient copies for each Lender:
Conditions of Initial Credit Extensions. The obligation of each Lender to make its initial Credit Extension hereunder, and to receive through the Administrative Agent the initial Bid Request, is subject to the condition that the Administrative Agent shall have received on or before the date of the initial Credit Extension or Bid Request all of the following, in form and substance satisfactory to the Administrative Agent and each Lender, and in sufficient copies for each Lender: