Common use of Conditions of Initial Loan or Initial Letters of Credit Clause in Contracts

Conditions of Initial Loan or Initial Letters of Credit. The obligation of the Banks to make the initial Loan hereunder or of the Agent to issue the initial Letter of Credit hereunder shall be subject to the satisfaction of the conditions precedent, in addition to the applicable conditions precedent set forth in SECTION 6.2 below, that the Agent shall have received all of the following, in form and substance satisfactory to the Agent, each duly executed and certified or dated the date of the initial Loan or the initial Letter of Credit, as applicable, or such other date as is satisfactory to the Agent: (a) The Revolving Notes and the Swing Line Note executed by a duly authorized officer (or officers) of the Borrower. (b) A copy of the corporate resolution of the Borrower authorizing the execution, delivery and performance of the Loan Documents, certified by the Secretary or an Assistant Secretary of the Borrower. (c) An incumbency certificate showing the names and titles, and bearing the signatures of, the officers of the Borrower authorized to execute the Loan Documents and to request Loans and Letters of Credit hereunder, certified by the Secretary or an Assistant Secretary of the Borrower. (d) A copy of the Articles or Certificate of Incorporation of the Borrower with all amendments thereto, certified by the appropriate governmental official of the jurisdiction of its incorporation.

Conditions of Initial Loan or Initial Letters of Credit. The obligation of the Banks to make the initial Loan hereunder or of the Agent to issue the initial Letter of Credit hereunder shall be subject to the satisfaction of the conditions precedent, in addition to the applicable conditions precedent set forth in SECTION Section 6.2 below, that the Agent shall have received all of the following, in form and substance satisfactory to the Agent, each duly executed and certified or dated the date of the initial Loan or the initial Letter of Credit, as applicable, or such other date as is satisfactory to the Agent: (a) The Revolving Notes and the Swing Line Note executed by a duly authorized officer (or officers) of the Borrower. (b) A copy of the corporate resolution of the Borrower authorizing the execution, delivery and performance of the Loan Documents, certified by the Secretary or an Assistant Secretary of the Borrower. (c) An incumbency certificate showing the names and titles, and bearing the signatures of, the officers of the Borrower authorized to execute the Loan Documents and to request Loans and Letters of Credit hereunder, certified by the Secretary or an Assistant Secretary of the Borrower. (d) A copy of the Articles or Certificate of Incorporation of the Borrower with all amendments thereto, certified by the appropriate governmental official of the jurisdiction of its incorporation.