Conditions Precedent and Conditions Subsequent. 2.1 The Effective Date cannot occur unless:
(a) the Agent has received (or on the instructions of all the Lenders, waived receipt of) all of the documents and other evidence listed in Schedule 2 (Conditions Precedent) in form and substance satisfactory to the Agent;
(b) save as disclosed in writing to the Agent and SACE prior to the date of this Agreement, the representations and warranties contained in Clause 3 (Representations) are true and correct on, and as of, each such time as if each was made with respect to the facts and circumstances existing at such time;
(c) save as disclosed in writing to the Agent and SACE prior to the date of this Agreement, no Event of Default, event or circumstance specified in clause 19 (Events of Default) of the Facility Agreement which would (with the expiry of a grace period, the giving of notice, the making of any determination under the Finance Documents or any combination of any of the foregoing) be an Event of Default, event resulting in mandatory prepayment of the Loan pursuant to clause 17.3 (Mandatory prepayment – Sale and Total Loss) and clause 17.4 (Mandatory prepayment – SACE Insurance Policy) of the Facility Agreement or Deferral Prepayment Event shall have occurred and be continuing or would result from the amendment of the Facility Agreement pursuant to this Agreement; and
(d) the Agent is satisfied that the Effective Date can occur and has not provided any instructions to the contrary informing the Parties that the Effective Date cannot occur.
2.2 Upon fulfilment or waiver of the conditions set out in Clause 2.1 above, the Agent shall provide the Borrower, the Creditor Parties and SACE with a copy of the executed certificate in the form set out in Schedule 4 (Form of Effective Date Certificate) confirming that the Effective Date has occurred and such certificate shall be binding on all Parties.
2.3 Within the time period set out in Schedule 3 (Conditions Subsequent), the Agent shall have received (or on the instructions of all the Lenders, waived receipt of) all of the documents and other evidence listed therein in form and substance satisfactory to the Agent.
2.4 Other than to the extent that the Majority Lenders notify the Agent in writing to the contrary before the Agent provides the certificate described in Clause 2.2 above, the Creditor Parties 4 authorise (but do not require) the Agent to execute and provide such certificate. The Agent shall not be liable for any damages, costs or losses whatsoever...
Conditions Precedent and Conditions Subsequent. 3.1. The Loan may be disbursed by the Lender to the Borrower, in one or more tranches and subject to the terms of Clause 2 (Amount of the Loan) hereof, upon fulfillment of the conditions precedent set out in Clause 3.2 (Conditions Precedent and Conditions Subsequent) below and such additional conditions precedent set out in Schedule I hereto (which may even include conditions precedent to drawdown of different portions of the Loan), which conditions must be complied with by the Borrower, prior to the first Date of Disbursement and each subsequent Date of Disbursement. The Lender may at its sole discretion waive or modify any or all of the Conditions Precedent, provided in Clause 3.2 (Conditions Precedent and Conditions Subsequent) below or the additional conditions precedents specified in Schedule I hereto. It is hereby clarified that the Lender shall not be required to disburse any part of the Loan to the Borrower, unless the Borrower has complied with each of the Conditions Precedent (to the extent not expressly waived in writing by the Lender) and the Lender has received all of the documents and other evidences in relation to the fulfillment of the Conditions Precedent listed in Clause 3 (Conditions Precedent and Conditions Subsequent).
Conditions Precedent and Conditions Subsequent. 3.1. The Loan may be disbursed by the Lender to the Borrower, in one or more tranches and subject to the terms of Clause 2 (the Loan), upon fulfilment of the conditions precedent set out in Schedule V (Conditions Precedent and Conditions Subsequent), which conditions must be complied with by the Borrower, prior to the first Date of Disbursement (“Conditions Precedent”). It is hereby clarified that the Lender shall not be required to disburse any part of the Loan, unless the Borrower has complied with each of the Conditions Precedent (to the extent not expressly waived in writing by the Lender) and the Lender has received all of the documents and other evidences in relation to the fulfilment of the Conditions Precedent listed in Schedule V.
Conditions Precedent and Conditions Subsequent. The obligation of Lender to honor the Commitment is subject to the following conditions precedent: (a) The representations and warranties of Borrowers set forth herein, or in any other document furnished to Lender in connection herewith, shall be true and correct, when made and on and as of the date of the renewal of the Obligations pursuant hereto, as if restated in full on and as of such date; (b) Under shall have received specific corporate resolutions of Development Corporation and Holdings and proof of authority for the person or persons signing this Amendment, the Note or any of the Collateral Documents on behalf of Lumber Company or any Guarantor which is a trust or estate, all of which must be satisfactory in form and substance to Lender; (c) Lender shall have received, in form and substance satisfactory to Lender, fully executed counterparts of this Amendment, the Note, and the modification to the Lumber Company Note; (d) No Default or Event of Default exists hereunder or shall result from the transactions contemplated hereby (except as may have been waived by Lender in writing); (e) Lender shall have received opinions of counsel for Borrowers, Guarantors, and Holding, in form and substance satisfactory to Lender; and, (f) Lender shall have received a frilly executed counterpart of an amendment to the Servicing Agreement, in form and substance satisfactory to it.
Conditions Precedent and Conditions Subsequent. 4.1 Without prejudice to the generality of Clause 2, the obligations of each Finance Party to the Company and the Borrowers under the Credit Agreement in relation to the Facilities are subject to the fulfilment of all conditions precedent set out in Schedule 3, Part 1 hereof.
4.2 The Company and the Borrowers undertake that the conditions subsequent set out in paragraph 1 of Schedule 3, Part 2 shall be completed within 30 days from the date of this Agreement.
Conditions Precedent and Conditions Subsequent. (a) Prior to making a Drawdown Request to the Bank, the Borrower shall comply with all requirements mentioned in this Agreement and all other Finance Documents to ensure that this Agreement and the Finance Documents are legally binding and enforceable against the Borrower.
(b) Notwithstanding the generality of the foregoing, before making a Drawdown under this Agreement, the Borrower will provide the Bank all documents, undertakings and evidence, and comply with all conditions precedent as set out under Part A of Schedule 4 ("Conditions Precedent") unless otherwise specifically waived by the Bank in writing.
(c) Additionally, the Borrower will fulfil all conditions subsequent within the time period specified in Part B of Schedule 4, and do all such acts, execute such documents/undertakings and provide such evidence to the satisfaction of the Bank as may be required to give effect to the same ("Conditions Subsequent"). Any delay or default in complying with the Conditions Subsequent will be an Event of Default.
Conditions Precedent and Conditions Subsequent. The Issuer shall, to the satisfaction of the Debenture Trustee, fulfill the conditions precedent and conditions subsequent as set out in Schedule II (Conditions Precedent) and Schedule III (Conditions Subsequent) respectively.
Conditions Precedent and Conditions Subsequent. The Parties respective obligations to perform this Agreement are subject to conditions precedent and conditions subsequent, as more fully set forth in Sections 8 to 14 above.
Conditions Precedent and Conditions Subsequent. 10 5.1 Conditions Precedent to Seller's Conditional Sale................ 10 5.2 Conditions Precedent to Lease of Equipment....................... 11
Conditions Precedent and Conditions Subsequent a. As conditions precedent to the initial Transaction, Buyer shall have received on or before the day of such initial Transaction the following, in form and substance satisfactory to Buyer and duly executed by each party thereto:
i) The Program Documents duly executed and delivered by the parties thereto and being in full force and effect, free of any modification, breach or waiver;
ii) Evidence that all other actions necessary or, in the opinion of Buyer, desirable to perfect and protect Buyer's interest in the Purchased Assets have been taken, including, without limitation, duly executed and filed Uniform Commercial Code financing statements on Form UCC-1;
iii) A certified copy of each Seller's consents or corporate resolutions, as applicable, approving the Program Documents and Transactions thereunder (either specifically or by general resolution), and all documents evidencing other necessary corporate action or governmental approvals as may be required in connection with the Program Documents;
iv) An incumbency certificate of the secretaries of each Seller certifying the names, true signatures and titles of each Seller's representatives duly authorized to request Transactions hereunder and to execute the Program Documents and the other documents to be delivered thereunder;
v) Opinion of Sellers' counsel as to such matters as Buyer may reasonably request (including, without limitation, an enforceability and corporate opinion, a bankruptcy opinion as to (i) this Agreement constituting a "repurchase agreement" and
