CONDITIONS OF MAKING THE LOANS. A. The obligation of the Lender to make the initial Loan hereunder and to consummate the other transactions contemplated hereby are subject to the following conditions precedent:
CONDITIONS OF MAKING THE LOANS. A. The obligation of the Lender to make the initial Advance hereunder and to consummate the other transactions contemplated hereby are subject to the following conditions precedent:
CONDITIONS OF MAKING THE LOANS. 21 Section 3.01. Conditions to Amendment and Restatement..... 21 Section 3.02.
CONDITIONS OF MAKING THE LOANS. 31 Section 3.01. Conditions to this Agreement..........................................................31 Section 3.02. [Intentionally Omitted]...............................................................33 Section 3.03. All Loans.............................................................................33
CONDITIONS OF MAKING THE LOANS. The obligation of Lender to make the Loans hereunder is subject to the satisfaction of the following conditions precedent:
(a) The representations and warranties set forth in Section 8 hereof and in all other Loan Documents shall be true and correct on and as of the date hereof and the date of each Loan.
(b) Borrower shall have executed and delivered to Lender, or caused to be executed and delivered to Lender; on or prior to the date of execution of this Agreement, the following:
(i) The Note;
(ii) A certificate of the Secretary or Assistant Secretary of Borrower certifying to the votes of Borrower's Board of Directors authorizing the execution and delivery of this Agreement, the Note and the Loan Documents;
(iii) A certificate of the Secretary or Assistant Secretary of Borrower which shall certify the names of the officers of Borrower authorized to sign this Agreement, the Note and any other documents or certificates to be delivered pursuant to this Agreement by Borrower or any of its officers, together with the true signatures of such officers Lender may conclusively rely on such certificate until it shall receive a further certificate of the Secretary or an Assistant Secretary of Borrower canceling or amending the prior certificate and submitting the signatures of The officers named in such further certificate;
(iv) Certificates of the appropriate Governmental Authority, dated reasonably near the date of the Loan, of the jurisdiction of incorporation or organization of Borrower and of each jurisdiction in which Borrower is qualified to do business stating that Borrower is duly incorporated (or qualified) and in good standing in such jurisdiction and has filed all annual reports and has paid all franchise and other taxes required to be filed or paid to the date of such certificate;
(v) Each of the Security Documents, together with any other documents required by the terms thereof;
(vi) Amended and Restated Pledge Agreement of even date herewith of Guarantor in favor of Lender with respect to all of the outstanding shares of Brohm, Stibnite and Barrier;
(vii) Refining Agreements;
(viii) A favorable written opinion of counsel to the Borrower, dated the date hereof in the form attached hereto as Exhibit D; and
(ix) Such other supporting documents, agreements and certificates as Lender or its counsel may reasonably request.
(c) All legal matters incident to the transactions hereby contemplated shall be satisfactory in all respects to counsel for Lender.
(d) ...
CONDITIONS OF MAKING THE LOANS. Each Lender’s obligation to make any Loan under this Agreement is subject to the following conditions precedent (as well as any other conditions set forth in this Agreement or any other Loan Document), all of which must be satisfied in a manner acceptable to Agent and Lenders (and as applicable, pursuant to documentation which in each case is in form and substance acceptable to Agent) as of each day that such Loan is made:
CONDITIONS OF MAKING THE LOANS. Section 3.01. Conditions to the First Loans and the First Issuance of the Letters of Credit. The obligations of the Lenders to enter into this Agreement, to make Loans to the Borrower and to issue Letters of Credit on the Closing Date are subject to the following conditions:
CONDITIONS OF MAKING THE LOANS. 3.01 Conditions to the First Loans................... 3.02
CONDITIONS OF MAKING THE LOANS. A. The obligation of the Lender to effect the restructuring hereunder and to consummate the other transactions contemplated hereby are subject to the following conditions precedent:
CONDITIONS OF MAKING THE LOANS. 13 Section 3.01 Conditions to the Initial Loans................................................13 Section 3.02 All Loans......................................................................16 Section 3.03
