Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the G.O. Grant delineated in Section 1.01.
B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity.
C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity.
D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith.
E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23.
F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02.
G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover.
H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and l...
Conditions Precedent to Any Advance. Except for delays unavoidably occasioned by strikes, lock-outs, war or civil disturbance, natural disaster, acts of God, or extreme weather conditions, if Borrower is unable to satisfy any condition precedent to its right to receive an advance of the Construction Line proceeds for a period in excess of thirty (30) days.
Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the maximum amount of the Grant set forth in Section 1.01.
B. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Grant Recipient has legal authority to and has taken all actions necessary to enter into this Agreement, and (ii) this Agreement is binding on and enforceable against the Grant Recipient.
Conditions Precedent to Any Advance. The obligation of the Lenders to make any Advance under the Credit is conditional upon each of the following conditions having been satisfied:
10.3.1 the representations and warranties contained in this Agreement shall continue to be true and correct (except where stated to be made as at a particular date);
10.3.2 the Borrower shall have delivered to the Agent a completed Notice of Borrowing;
10.3.3 nothing shall have occurred since the Sixth Amendment Closing Date which would constitute a Material Adverse Change; and
10.3.4 no Default shall have occurred and be continuing and no Event of Default shall have occurred.
Conditions Precedent to Any Advance. Except for delays unavoidably occasioned by strikes, lock-outs, war or civil disturbance, natural disaster, acts of God, or extreme weather conditions, if Borrower is unable to satisfy any condition precedent to its right to receive an advance of Line of Credit proceeds for a period in excess of thirty (30) days.
Conditions Precedent to Any Advance. Except for delays caused by Force Majeure, Borrower shall be unable to satisfy any condition precedent to its right to receive an advance of the Loan proceeds for a period in excess of thirty (30) days.
Conditions Precedent to Any Advance. The obligation of Lender to make an initial Advance hereunder is subject to the satisfaction of each of the following conditions precedent before or concurrently with the Advance:
(a) A Promissory Note in the form of Exhibit A shall have been duly executed by Borrower and delivered to Lender, with the original Note to be held by Lender;
(b) Copies of resolutions of the Board of Directors and written consents of the Managers of each of the Borrowers approving this Agreement, the Promissory Note, and each and every other document necessary to effectuate this Agreement and the Promissory Note shall have been delivered to Lender; and
(c) Such financial, business and other information regarding Borrower as Lender shall have reasonably requested shall have been delivered to Lender.
Conditions Precedent to Any Advance. The obligation of the Lenders to make any Advance under the Credit is conditional upon each of the following conditions having been satisfied:
Conditions Precedent to Any Advance. The obligation of the Lenders to make any Advance under the Credit is conditional upon each of the following conditions having been satisfied: 10.
3.1 the representations and warranties contained in this Agreement shall continue to be true and correct (except where stated to be made as at a particular date); 10.
3.2 the Borrower shall have delivered to the Agent a completed Notice of Borrowing; 10.
3.3 nothing shall have occurred since the Sixth Amendment Closing Date which would constitute a Material Adverse Change; and
Conditions Precedent to Any Advance. (a) The obligation of the Lender to make any Advance hereunder is subject to the following conditions precedent being satisfied, fulfilled or otherwise met to the satisfaction of the Lender at the time such Advance is requested and made:
(i) the representations and warranties made by the Credit Parties in the Credit Documents or which are contained in any certificate furnished at any time under or in connection herewith, or therewith, shall be true and correct on and as of the date of such Advance as if made on and as of such date, except for representations and warranties expressly stated to relate to a specific earlier date;
(ii) no Default or Event of Default shall have occurred and be continuing on such date or after giving effect to such Advance and the Lender has received a certificate of a senior financial officer of the Borrower so certifying to the Lender;
(iii) immediately after giving effect to the making of any such Advance (and the application of the proceeds thereof), the aggregate sum of (a) the First Advance and Second Advance shall not exceed the Commitment Amount; and (b) the Advances made under the Revolving Credit Facility shall not exceed the Revolving Credit Limit;
(iv) there shall not exist any litigation, investigation, bankruptcy or insolvency, injunction, order or claim affecting or relating to any Credit Party or any of its Subsidiaries, or any Mining Property, which has had, or could reasonably be expected to have, a Material Adverse Effect, or which could reasonably be expected to affect the legality, validity or enforceability of this Agreement or any other Credit Document, that has not been settled, dismissed, vacated, discharged or terminated;
(v) no Material Adverse Effect shall have occurred and the Lender has not become aware of any facts which, in the Lender’s opinion acting reasonably, could have a Material Adverse Effect;
(vi) each of the Security Documents has been duly executed and delivered by each party thereto and is in full force and effect enforceable against the Credit Parties, as applicable, in accordance with its respective terms;
(vii) delivery of all discharges, subordination agreements, waivers and confirmations as may be required by the Lender;
(viii) delivery of an irrevocable direction to pay with respect to the Advance;
(ix) all fees (including the Structuring Fee) and all other costs and expenses and other amounts then payable under any of the Credit Documents have been paid in full; (x) delivery of e...
