Conditions of Lender's Obligations. The obligations of the Lender hereunder shall be subject to the performance by the Borrower of all its agreements theretofore to be performed hereunder and to the following further conditions:
Conditions of Lender's Obligations. All conditions of Lender's obligation to make Advances hereunder are imposed solely and exclusively for the benefit of Lender and may be freely waived or modified in whole or in part by Lender at any time.
Conditions of Lender's Obligations. The obligation of Lender to advance funds at the Closing and at any time thereafter under the terms of this Agreement is subject to the fulfillment of the following conditions:
Conditions of Lender's Obligations. All obligations of Lender under this Agreement are subject to the fulfillment, prior to any credit extended hereunder, of each of the following conditions, any or all of which may be waived in writing in whole or in part by Lender at or prior to execution.
Conditions of Lender's Obligations. The obligations of each Lender ---------------------------------- under this Agreement are subject to the fulfillment before the Closing, of each of the following conditions:
Conditions of Lender's Obligations. Lender shall have received the following documents, in form and substance satisfactory to Lender in its sole discretion:
Conditions of Lender's Obligations. The obligation of Lender to make the Original Loan is subject to the receipt by Lender of the following documents, each of which shall be satisfactory to Lender in form and substance, and to the fulfillment of each of the other following conditions:
Conditions of Lender's Obligations. Lender shall have received the following documents:
Conditions of Lender's Obligations. The Lender's obligation to purchase and pay for the Note and the Warrant to be delivered to the Lender at Closing is subject to the fulfillment to the Lender's reasonable satisfaction, before or at the Closing, of all of the following conditions:
Conditions of Lender's Obligations. In addition to the conditions stated elsewhere in this Agreement and/or in any of the other Loan Documents, Lender shall not be obligated to consider or to make any advance under this Agreement unless on the date the advance is requested and on the date the advance is to be made all of the following conditions are satisfied, as determined by Lender in its sole and absolute discretion, except to the extent expressly waived by Lender (the “Closing Conditions”):
(a) Lender shall have received all required original Loan Documents fully executed by all applicable parties, true, correct and complete copies of all fully executed Loan Documents, together with all opinions (including satisfactory tax opinions), waivers, certificates and such other documents or items as Lender may require, all in form and substance satisfactory to Lender and its counsel, in the exercise of their sole and absolute discretion.
(b) Lender shall have received evidence satisfactory to Lender in its sole and absolute discretion that Borrower has taken or caused to be taken all such actions, executed and delivered or caused to be executed and delivered all such agreements, documents, and instruments, and made or caused to be made all such filings and recordings that are necessary or, in Lender’s discretion, appropriate to create in favor of Lender a valid assignment of the Collateral.
(c) Lender shall have received $157,000, as a commitment fee to Lender, which fee shall be deemed earned in full upon payment of same by the Borrower to Lender.
