Conditions Precedent 4 Sample Clauses
The "Conditions Precedent" clause establishes specific requirements or events that must be fulfilled before a party is obligated to perform its contractual duties. In practice, this might include obtaining regulatory approvals, securing financing, or delivering certain documents before the contract becomes effective or a transaction can proceed. By setting these prerequisites, the clause ensures that both parties are protected from having to perform or commit resources until essential conditions are satisfied, thereby reducing risk and providing clarity on when obligations commence.
Conditions Precedent 4. Section 3.01. Conditions Precedent to Obligations of Pass Through Trustees 4 Section 3.02. Conditions Precedent to Obligations of Company 8 Section 4.01. Representations and Warranties of Company 10 Section 4.02. General Indemnity 13
Conditions Precedent 4. 01. Conditions Precedent to the Initial Advance and the Issuance of the Initial Letter of Credit..
Conditions Precedent 4. 1 Documentary conditions precedent 4.
1.1 The obligations of each Finance Party to any Borrower under this Agreement are subject to the conditions precedent that: (A) the Parent has paid to such Finance Party an up-front fee in the amount and on the date agreed in the relevant Fee Letter; and (B) the Agent has notified the Parent and the Banks that it has received all of the documents set out in Part A of Schedule 2 (Conditions Precedent Documents) in form and substance satisfactory to the Agent. The Agent will promptly notify the Parent and the Banks upon such receipt.
Conditions Precedent 4. SECTION 4.1 Conditions Precedent to the Obligation of the VEBA 4 SECTION 4.2 Conditions Precedent to the Obligation of the Company 5 SECTION 5.1 Notices 5 SECTION 5.2 GOVERNING LAW 6 SECTION 5.3 Assignment 6 SECTION 5.4 Entire Agreement 7 SECTION 5.5 Amendments 7 SECTION 5.6 Counterparts 7 SECTION 5.7 Severability; Enforcement 7 SECTION 5.8 WAIVER OF TRIAL BY JURY 7 SECTION 5.9 Waiver 7 SECTION 5.10 Expenses 7 SECTION 5.11 Public Announcements 7 SECTION 5.12 Binding Effect; No Third-Party Beneficiaries 8 SECTION 5.13 Antitrust Corporation 8 EQUITY SUBSCRIPTION AGREEMENT (as amended or otherwise modified from time to time, this “Agreement”) dated as of April 30, 2009, between NEW CARCO ACQUISITION LLC, a Delaware limited liability company (together with its successors and permitted assigns, the “Company”), and UAW RETIREE MEDICAL BENEFITS TRUST, a voluntary employees’ beneficiary association trust (the “VEBA”). Capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings set forth in the Amended and Restated Limited Liability Company Operating Agreement of the Company (as further amended or otherwise modified from time to time, the “LLC Agreement”).
Conditions Precedent 4. 1 Save for clauses 1 to 4 and clauses 29 to 37 all of which will become effective immediately, this Agreement is subject to the fulfilment of the Conditions Precedent that — 4.
1.1 contemporaneously with the signature of this Agreement, TPF Investments and the Lessee enter into a sale agreement in terms of which the Property is sold to the Lessee and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement; 4
Conditions Precedent 4. 01 The effectiveness of this Amendment is subject to the satisfaction of the following conditions precedent in a manner satisfactory to the Administrative Agent, unless specifically waived in writing by the Administrative Agent:
Conditions Precedent 4. 1 Save as the Banks may otherwise agree none of the Banks shall be under any obligation hereunder unless the Facility Agent has confirmed to the Borrowers and the Banks that it has received (or waived receipt of) all of the documents listed in the Third Schedule (Conditions Precedent Documents) and that each is, in form and substance, satisfactory to the Facility Agent.
Conditions Precedent 4. 1 Documentary conditions precedent The Borrower may not deliver the first Request until the Facility Agent has notified the Borrower and the Banks that it has received all the documents set out in Schedule 2 in the agreed form or, if not in the agreed form, in form and substance satisfactory to the Facility Agent; and
Conditions Precedent 4. 01 The effectiveness of this Amendment is subject to the satisfaction of the following conditions precedent in a manner satisfactory to the Administrative Agent, unless specifically waived in writing by the Administrative Agent:
(a) The Administrative Agent shall have received: (i) this Amendment duly executed by the Borrowers, the Collateral Manager, the Transferor, each Lender, the Collateral Custodian and the Collateral Administrator; (ii) the Pricing Side Letter, duly executed by the Borrowers and the Collateral Manager; (iii) the Pledge Agreement referred to in clause (ii) of the definition thereof in the Agreement (as amended hereby), duly executed by Capital Fund SPV and the New Borrower; (iv) the Fee Letter, duly executed and delivered by the Borrowers; and (v) the California Borrower Sale Agreement, duly executed by Capital Fund SPV and the New Borrower.
(b) The Administrative Agent shall have received a secretary’s certificate of the Borrowers (i) that includes a copy of the resolutions, in form and substance reasonably satisfactory to the Administrative Agent, of the board of directors, manager(s) or member(s) of the Borrowers, as applicable, authorizing (A) the execution, delivery and performance of this Amendment and the other Transaction Documents executed in connection herewith to which it is a party, and (B) the borrowings contemplated thereunder, and a certification that such resolutions have not been amended, modified, revoked or rescinded, (ii) that includes a copy of the Governing Documents of the Borrowers and a certification that, except as disclosed therein, there has not been any amendment, modification or supplement to such Governing Documents, (iii) that includes a certification
(c) The Administrative Agent shall have received the executed legal opinions of (i) Milbank LLP, counsel to the Loan Parties, covering (A) authority of the Borrowers, (B) enforceability of this Amendment, the Agreement and the other Transaction Documents to be executed in connection with this Amendment, (C) non-consolidation matters and (D) UCC, perfection and other closing matters, in each case, in form and substance acceptable to the Administrative Agent in its reasonable discretion.
(d) The Administrative Agent shall have received the results of a recent search by a Person reasonably satisfactory to the Administrative Agent, of the UCC lien filings which may have been filed with respect to personal property of each Loan Party and the results of such sea...
Conditions Precedent 4. 1 Save for clauses 1 to 4 and clauses 29 to 37 all of which will become effective immediately, this Agreement is subject to the fulfilment of the Conditions Precedent that — 4.1.1 contemporaneously with the signature of this Agreement, MiX Telematics International and the Lessee enter into a sale agreement in terms of which the Property is sold to the Lessee and such agreement becomes unconditional in accordance with its terms save for any condition relating to this Agreement; 4.