Conditions Precedent on the Closing Date. The obligation of the Participants to fund their Participation Percentages of the Loan Amount and to disburse the Loan is subject to the following conditions precedent having been complied with to the satisfaction of or waived in writing by the Participants on or before the Closing Date (each document, instrument, certificate, opinion or other paper referred to below to be in form and substance reasonably satisfactory to the Participants and, unless otherwise specified, to be dated the Closing Date):
(a) Each Participant shall have received the Notice of Borrowing pursuant to Section 2.2, and the Closing Date shall not be later than October 7, 2010 (such date to be extended with the written consent of the Participants).
(b) On the Closing Date, the Aircraft will have been duly certified by the FAA as to type and airworthiness, will not have suffered an Event of Loss and shall otherwise be in the condition and state of repair required under the terms of the Sale Agreement.
(c) On the Closing Date, (i) no material disruption or material adverse changes shall have occurred in the financial, banking or capital markets since July 23, 2010 that in the reasonable judgment of any Participant would have a material adverse effect on the funding costs of such Participant, and (ii) no material adverse change in the financial condition or prospects of the Lessee, the Owner Participant, Parent or the Borrower shall have occurred since July 23, 2010.
(d) On the Closing Date, no change shall have occurred since July 23, 2010 in applicable law which, in the reasonable opinion of any Participant, would make it illegal under applicable law for such Participant to make available its Loan.
(e) The following documents shall have been duly authorized, executed and delivered by the respective party or parties thereto and shall be in full force and effect on the Closing Date and an executed copy of each shall have been delivered to each Participant and the Security Trustee:
(i) this Agreement;
(ii) the Security Agreement and the Security Agreement Supplement describing the Aircraft;
(iii) the Loan Certificate for each Participant, duly completed (the original of each to be delivered to such Participant);
(iv) the Lessee Consent;
(v) the Sale Agreement (including any assignment and assumption agreement contemplated thereby);
(vi) the Guaranty; and
(vii) the Beneficial Interest Pledge Agreement.
(f) Each Participant and the Security Trustee shall have received the following:
(i) tru...
Conditions Precedent on the Closing Date. This Agreement shall become effective and binding upon the parties hereto only if each of the following conditions precedent is satisfied no later than May 15, 1996:
Conditions Precedent on the Closing Date. The conditions precedent for each Party as specified in Section 3.01 hereof for the Closing Date are as follows:
Conditions Precedent on the Closing Date. This Agreement shall become effective on the Closing Date upon the satisfaction of the following conditions:
Conditions Precedent on the Closing Date. The obligation of the Lender to make the loans evidenced by the Notes is subject in all respects to the satisfaction of each and all of the following conditions precedent no later than October 31, 1997:
Conditions Precedent on the Closing Date. This Agreement shall become effective on the Closing Date upon the satisfaction of the following conditions:
(a) the Agent shall have received the items listed below:
(i) A copy of this Agreement duly executed by the Transferor, the Issuer and the Servicer;
Conditions Precedent on the Closing Date. The obligation of each Lender to make its Term Loan Advance on the Closing Date and any requested Revolving Credit Advance on the Closing Date, in each case up to the amount of its Commitment relating thereto, and in the aggregate for all Lenders not in excess of the Total Commitment, and of the Issuing Bank to issue any Letter of Credit in accordance with the terms of Section 2.16, is subject to, in the reasonable opinion of the Majority Lenders, the satisfaction of the following conditions precedent before or on the Closing Date:
(a) The Administrative Agent shall have received on or before the Closing Date the following, each dated the Closing Date (unless otherwise specified), in form and substance reasonably satisfactory to the Administrative Agent (unless otherwise specified) and (except for the Notes) in sufficient counterparts for each Lender:
(i) This Agreement and the Notes payable to the order of each respective Lender.
(ii) The Guaranty.
(iii) (A) A Ship Mortgage for each Collateral Vessel in favor of the Security Trustee, the Administrative Agent, or Nordea, as the case may be, together with evidence that each such Ship Mortgage has been duly recorded and is in full force and effect.
Conditions Precedent on the Closing Date. The obligations of the Lenders to make the Loans comprising the initial Borrowings are subject to the receipt by the Administrative Agent of all documentation listed below and the satisfaction (or waiver) of all other conditions listed below.
Conditions Precedent on the Closing Date. This Agreement shall become effective and binding upon the parties hereto only if each of the following conditions precedent is satisfied or waived by the Agent no later than April 16, 2002 (except as otherwise indicated):
Conditions Precedent on the Closing Date. This Agreement shall become effective and binding upon the parties hereto only if each of the following conditions precedent is satisfied, and the obligation of each Term Lender to fund the Term Borrowing is subject to the satisfaction of such conditions precedent, in each case by no later than September 16, 1997:
