Conditions Precedent to Funding. The obligations of Lender to make the Loan are subject to the conditions precedent that Lender shall have received the following, in form and substance satisfactory to Lender:
(a) this Agreement, duly executed by Borrower and Lender;
(b) Borrower shall have delivered to Lender a promissory note duly executed by Borrower evidencing the Loan substantially in the form of Exhibit A hereto (the “Note”);
(c) the Mortgage, fully executed and notarized, to secure the Loan encumbering on a first lien basis the fee interest of Borrower in the Real Property and the fixtures thereon described in Schedule 3.01(c);
(d) a Security Agreement duly executed by Borrower and in a form as provided by Lender by which security agreement Lender is granted a security interest by Borrower in the Collateral;
(e) the Guaranty duly executed by Guarantor;
(f) financing statements in form and content reasonably satisfactory to Lender and in proper form under the Uniform Commercial Code of all jurisdictions as may be necessary or, in the opinion of Lender, desirable to perfect the security interests created by the Security Agreement and Pledge Agreement; and
(g) a deposit account control agreement for the Deposit Account kept and maintained by Borrower.
(h) a title insurance policy issued in favor of Lender by Commonwealth Land Title Insurance Company in form and substance reasonably satisfactory to Lender;
(i) the Pledge Agreement, duly executed by Borrower, Pledgor and Lender;
(j) a duly executed certificate of an authorized officer of Borrower certifying that each representation and warranty of Borrower and each other Person that is party to a Loan Document in each Loan Document to which it is a party shall be true and correct in all material respects as of the date that all conditions in this Article III (other than this subsection) have been satisfied or waived in writing by Lender;
(k) a duly executed certificate of an authorized officer of Borrower certifying that no event or condition which upon notice, lapse of time or both would, unless cured or waived, become an Event of Default (any such event or condition, a “Default”) or Event of Default shall have occurred and be continuing;
(l) the Services Agreement, duly executed by Borrower and REG Services Group, LLC;
(m) Lender shall have received for its own account the Lender Fee and the Additional Fees due and payable (including reasonable costs, fees and expenses of legal counsel);
(n) Lender shall have received evidence, in form...
Conditions Precedent to Funding. The effectiveness of this Agreement and the obligation of the Lender to make the Loan are subject to the satisfaction of all of the following conditions on or prior to the Effective Date (in addition to the other terms and conditions set forth herein):
Conditions Precedent to Funding. The effectiveness of this Agreement and obligations of the Lender to make any Advance, are subject to the conditions precedent that the Lender shall have received the following, in form and substance satisfactory to the Lender:
(a) This Agreement, duly executed by the Borrower and the Lender;
(b) The Supplements, duly executed by the Borrower and the Lender;
(c) The Construction Note and the Revolving Note duly executed by the Borrower;
(d) The Mortgage, fully executed and notarized, to secure the Loans encumbering on a first Lien basis the fee interest and/or leasehold interest of the Borrower in the Real Property and the fixtures thereon described in Schedule 3.01(d);
(e) A Security Agreement duly executed by the Borrower and in a form as provided by the Lender by which security agreement the Lender is granted a security interest by the Borrower in the Collateral;
(f) A copy of the Construction Contract(s) and a complete set of the Plans and Specifications, together with copies of all permits and government approvals relating to the construction and use of the Project;
(g) An assignment of contract for each of the Construction Contracts and the Plans and Specifications, duly executed by the Borrower and pursuant to which the Borrower shall have assigned to the Lender all of the Borrower’s right, title and interest in and to each such Construction Contract, and which assignment shall have been consented to and certified in writing by the other party(ies) to each such Construction Contract;
Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee’s fulfillment of all terms and conditions of this Agreement to GOCO’s satisfaction in its sole discretion, including but not limited to the following:
Conditions Precedent to Funding. The obligations of the Lender to make any Advance, are subject to the conditions precedent that the Lender shall have received the following, in form and substance satisfactory to the Lender:
(a) This Agreement, duly executed by the Borrower and the Lender;
(b) The Supplements, duly executed by the Borrower and the Lender;
(c) The Term Note and the Revolving Line of Credit Note duly executed by the Borrower;
(d) The Mortgage, fully executed and notarized, to secure the Loans encumbering on a first lien basis the fee interest and/or leasehold interest of the Borrower in the Real Property and the fixtures thereon described in Schedule 3.01(d);
(e) A Security Agreement duly executed by the Borrower and in a form as provided by the Lender by which security agreement the Lender is granted a security interest by the Borrower in the Collateral;
Conditions Precedent to Funding. The effectiveness of this Agreement is subject to the satisfaction of all of the following conditions on or prior to the Effective Date (in addition to the other terms and conditions set forth herein):
Conditions Precedent to Funding. Lender shall not be obligated to make any loan available (other than advances under a Development Loan for which: (i) a conforming Request for Commitment has been submitted to Lender, (ii) the operations covered by such Request for Commitment are Development Operations set forth on Schedule 2.1(b), (iii) Borrower has commenced such Development Operations and (iv) has given Lender written notice thereof) unless the following conditions precedent have been satisfied.
(a) There is no Event of Default, Unmatured Event of Default or Tax Claim under this Agreement, the Mortgage or any other Loan Document;
(b) All of Borrower's representations and warranties made in any Loan Document shall be true and correct as if made on the date of such advance (except to the extent that the facts upon which such representation are based have been changed by the extension of credit hereunder);
(c) Borrower shall have performed and complied with all agreements and conditions in the Loan Documents which are required to be performed or complied with by it on or prior to the date of such Loans;
(d) No law, regulation, order, judgment or decree of any governmental authority is in effect or pending which shall enjoin, prohibit or restrain such loan or impose, or result in the imposition of, any adverse condition upon Lender;
(e) Lender shall have received all documents and instruments which Lender has then reasonably requested as to, (i) the accuracy and validity of or compliance with all representations, warranties and covenants made by the Borrower in any Loan Document, (ii) the satisfaction of all conditions contained herein or therein, and (iii) all other matters pertaining hereto and thereto. All such additional documents and instruments shall be satisfactory to Lender (in reasonable exercise of its discretion) in form, substance, and date;
(f) Lender shall have received satisfactory due diligence analysis including, but not limited to, financial and operational data, title and environmental review, all such data to be provided by Borrower; and
(g) Lender shall have received satisfactory information regarding existing gas sales and oil sales with respect to production of Hydrocarbons from or allocable to the Properties, which will include, for gas sales on a well-by-well basis, where applicable, transportation costs, gathering costs, processing costs, gas stream heating content, then-current market prices for gas of similar quality and copies of existing sales contracts and for...
Conditions Precedent to Funding. 22 Section 6.01 Conditions Precedent to Obligations of the Purchasers 22 Section 6.02 Conditions Precedent to Obligations of the Seller..
Conditions Precedent to Funding. Each 2013 Incremental Term Loan Lender’s obligation to make 2013 Incremental Term Loans is subject to satisfaction or due waiver of the conditions set forth in Annex I to the 2013 Incremental Term Loan Commitment Agreement.
Conditions Precedent to Funding. The Lender shall not be obligated to fund the Project Loan until all of the conditions set forth in this Section 7 shall have been satisfied.
