Conditions Precedent to Extension. Subject to clause 10.13, it is a condition precedent to the Contractor's entitlement to an extension of time that the: Contractor gives the written claim required by clause 10.6 as required by that clause; cause of the delay to the Contractor's Activities was beyond the reasonable control of the Contractor; Contractor must have actually been, or be likely to be, delayed in the manner set out in clause 10.5(b)(i) or 10.5(b)(ii); and Contractor must not have been given an instruction under clause 10.12.
Conditions Precedent to Extension. Borrower shall not be entitled to an Extension of the Loan Maturity Date for any Note unless Borrower and the Borrower-Related Parties have complied in all respects with each of the following to Lender’s satisfaction with respect to the Note for which the Extension is requested:
(i) Borrower shall have executed and delivered to Lender a written request for an Extension of such Note describing the reason for the request, the status of the construction of the Home and the status of any sales contract for the Home;
(ii) Borrower shall have paid an extension fee to Lender in an amount equal to one quarter of one percent (0.25%) of the principal amount of such Note;
(iii) on and as of the date of the Extension, no event constituting an Event of Default (without giving effect to any grace or cure periods for such Event of Default provided herein or in the other Loan Documents), shall have occurred and be continuing, as determined by Lender in its sole discretion;
(iv) on and as of the date of the Extension, the Principal Officer shall have executed and delivered to Lender an Officer’s Certificate dated the Extension date, certifying all matters in the Officer’s Certificate to be true and correct in all respects;
(v) on and as of the date of the Extension, all of the Loan Documents shall be valid, enforceable and in full force and effect;
(vi) on and as of the date of any such Extension, all Loan Expenses and any other fees, charges and expenses owed under any of the Loan Documents shall have been paid in full;
(vii) on and as of the date of the Extension, Lender’s security interests in all Collateral must be duly perfected and in the Lien position stated therein; and
(viii) Borrower and the Borrower-Related Parties shall have complied with each other reasonable request of Lender made in connection with the Extension.
Conditions Precedent to Extension. It is a condition precedent to the Consultant's entitlement to an extension of time that the: Consultant must give the written claim required by clause 8.6 as required by that clause; cause of the delay to the Services was beyond the reasonable control of the Consultant; Consultant must have actually been, or be likely to be, delayed in the manner set out in clause 8.5(b); Consultant must not have been given a direction under clause 8.10(a) with which it has been able to comply; and Contractor is entitled to grant the extension of time under clause 10.9 of the Managing Contractor Contract.
Conditions Precedent to Extension. Subject to clause 10.13, it is a condition precedent to the Subcontractor’s entitlement to an extension of time that the: Subcontractor gives the written claim required by clause 10.6 as required by that clause; cause of the delay to the Subcontractor's Activities was beyond the reasonable control of the Subcontractor; Subcontractor must have actually been, or be likely to be, delayed in the manner set out in clause 10.5(b)(i) or 10.5(b)(ii); Subcontractor must not have been given an instruction under clause 10.12; and Contractor is entitled to grant the extension of time under clause 10.9 of the Managing Contractor Contract.
Conditions Precedent to Extension. It is a condition precedent to the Consultant's entitlement to an extension of time that: the Consultant must give the written claim required by clause 8.6 as required by that clause; the cause of the delay was beyond the reasonable control of the Consultant; and the Consultant must have actually been, or be likely to be, delayed by: prior to the Date for Completion of a Milestone, an Act of Prevention or a Pandemic Relief Event in a manner which will prevent it from achieving Completion of the Milestone by the relevant Date for Completion unless that date is extended; or after the Date for Completion of a Milestone, an Act of Prevention or a Pandemic Relief Event in a manner which will delay it in achieving Completion of the Milestone.
Conditions Precedent to Extension. No Bank shall be required to convert its Revolving Loans to Term Loans on the Revolving Credit Termination Date unless:
(a) An Extension Request shall have been delivered to the Administrative Agent in accordance with the terms of Section 2.2;
(b) No Default or Unmatured Default shall have occurred and be continuing under Section 7.2, 7.3, 7.6, 7.7, 7.8 or 7.11;
(c) No Prepayment Event has occurred;
(d) On or prior to the Revolving Credit Termination Date, the Company has paid to the Administrative Agent an extension fee in the amount of .10% of the Revolving Credit Termination Balance for the ratable benefit of the Banks and any other fees due and owing to the Administrative Agent and the Banks as at the Revolving Credit Termination Date. Submission by the Company of an Extension Request shall constitute a representation and warranty by the Company that the conditions contained in Section 2.2.3 have been satisfied. If the conditions precedent to conversion contained in this Section 2.2.3 have not been satisfied or waived, the Revolving Loans shall be due payable on the Revolving Credit Termination Date.
Conditions Precedent to Extension. The obligation of Xxxxxx Xxx to consent to an Extension is subject to Xxxxxx Mae’s determination that each of the following conditions precedent has been satisfied:
(a) The requirements of Section 1.05, as applicable, will be satisfied;
(b) Receipt by Xxxxxx Xxx of all reasonable legal fees and expenses payable by the applicable Collateral Pool Borrower in connection with the Extension;
(c) No Governmental Approval not already obtained or made is required for the execution and delivery of the documents to be delivered in connection with the Extension;
(d) The applicable Collateral Pool Borrower or Guarantor is not under any cease or desist order or other orders of a similar nature, temporary or permanent of any Governmental Authority which would have the effect of preventing or hindering performance of the terms and provisions of the Agreement or any other Loan Documents or the Guaranty for such Collateral Pool, nor are there any proceedings then in progress or, to its knowledge, contemplated which, if successful, would lead to the issuance of any such order; and
(e) If required by Xxxxxx Xxx, receipt by Xxxxxx Mae of a new Title Insurance Policy or an endorsement to each Title Insurance Policy for each Mortgaged Property in the applicable Collateral Pool, amending the effective date of the Title Insurance Policy to the Closing Date, showing no additional exceptions to coverage other than the exceptions shown on the Effective Date (or, if applicable, the last Closing Date with respect to which the Title Insurance Policy was endorsed) and other than Permitted Liens and other exceptions approved by Xxxxxx Xxx, together with any reinsurance agreements required by Xxxxxx Mae.
Conditions Precedent to Extension. Each of the following conditions must be satisfied in a manner acceptable to Lender (or waived in writing by Lender) as a condition precedent to extension of the Initial Maturity Date:
Conditions Precedent to Extension. It is a condition precedent to the Consultant's entitlement to an extension of time that: the Consultant must give the written claim required by clause 8.6 as required by that clause; the cause of the delay was beyond the reasonable control of the Consultant; and the Consultant must have actually been, or be likely to be, delayed by: prior to the Date for Completion of a Milestone, an Act of Prevention in a manner which will prevent it from achieving Completion of the Milestone by the relevant Date for Completion unless that date is extended; or after the Date for Completion of a Milestone, an Act of Prevention in a manner which will delay it in achieving Completion of the Milestone.
Conditions Precedent to Extension. Subject to clause 10.14, it is a condition precedent to the Subcontractor's entitlement to an extension of time that: the Subcontractor must give the written claim required by clause 10.6 as required by that clause; the cause of the delay was beyond the reasonable control of the Subcontractor; the Subcontractor must have actually been, or be likely to be, delayed by: prior to the Date for Completion of the Subcontract Works or the Stage, an Act of Prevention or a cause described in the Subcontract Particulars in a manner which will prevent it from achieving Completion of the Subcontract Works or the Stage by the relevant Date for Completion unless that date is extended; or after the Date for Completion of the Subcontract Works or the Stage, an Act of Prevention in a manner which will delay it in achieving Completion of the Subcontract Works or the Stage; the Subcontractor must not have been given an instruction under clause 10.13; and the Contractor is entitled to grant the extension of time under clause 10.6 of the Managing Contractor Contract.
