Conditions Precedent to Initial Disbursement. In conjunction with and as additional (but independent) supporting evidence for certain of the covenants, representations and warranties made by Borrower herein, prior to and as a condition of the Initial Disbursement, Borrower shall deliver or cause to be delivered to Lender each of the following, each of which shall be in form and substance satisfactory to Lender, in its sole and absolute discretion:
Conditions Precedent to Initial Disbursement. Lender shall have no obligation to make the first disbursement (the “Initial Disbursement”) of the proceeds of the Loan until Borrower has satisfied all other requirements and conditions precedent contained herein for any disbursement of any proceeds of the Loan.
Conditions Precedent to Initial Disbursement. Borrower shall comply with, and Lender's obligation to disburse the first Loan Advance shall be conditioned upon Borrower's performance of the following conditions precedent:
Conditions Precedent to Initial Disbursement. Lender's obligation to make the initial Disbursement is subject to satisfaction, or waiver by Lender in its sole and absolute discretion, of the following conditions precedent:
(a) Lender shall have received each of the documents listed on Exhibit D attached hereto, each in form and substance satisfactory to Lender.
(b) Borrower shall have paid to Lender the portion of the Loan Fee due on or before the Closing Date (as set forth in Section 2.3) and Borrower also shall have paid to Lender all Lender Expenses.
(c) Lender shall have received and approved in writing, or shall have waived in writing the requirement of, (i) a soils report for the Property by a licensed soils engineer, (ii) a full set of the Plans, certified as complete by the Architect and containing evidence of all necessary and/or appropriate approvals of Governmental Agencies, (iii) copies of all material Project Agreements, and (iv) copies of all building permits and similar permits, licenses, approvals and other authorizations of Governmental Agencies required in connection with the Project.
(d) The Deed of Trust shall have been recorded in the Official Records of the County in which the Property is located.
(e) The Financing Statement shall have been filed with the California Secretary of State, and Lender shall have received a certificate of the Secretary of State showing the Financing Statement to be subject to no prior filings (other than those in favor of Lender or otherwise consented to or approved by Lender in writing).
(f) Borrower, at its sole expense, shall have delivered to Lender an "LP-10" form ALTA loan policy -- 1970 amended 10/17/70, without further revision or amendment (with a commitment to rewrite to full ALTA coverage in the same form, including ALTA endorsement Form 1 coverage, upon completion of construction), or evidence of a commitment therefor satisfactory to Lender, in form and substance and issued by an insurer satisfactory to Lender, together with all endorsements reasonably required by Lender, naming Lender as the insured, in a policy amount of not less than the principal amount of the Loan, showing Borrower as the owner of the Property and insuring the Deed of Trust to be a valid first priority lien on the Property, subject only to such exceptions as are approved in writing by Lender ("Title Insurance Policy").
(g) Copies of any and all organizational documents (including, without limitation, partnership agreements, articles of incorporation, bylaws, and trust ...
Conditions Precedent to Initial Disbursement. (a) The obligation of the Bank to make the Loan and make disbursements of the proceeds of the same to the Borrower is subject to the satisfaction by the Borrower or its representatives of the following conditions precedent (unless waived by the Bank in each particular instance):
(i) The Borrower's and Guarantors' warranties and representations as contained herein shall be accurate and complete, in all material respects, as of the date of Closing and as of the date of each subsequent disbursement (if any).
(ii) The Borrower and Guarantors shall not be in default under any of the covenants contained herein as of the date of Closing and as of the date of each disbursement.
(iii) The Borrower and Guarantors shall have executed and delivered all of the Loan Documents as described herein. Without limiting the foregoing, the Borrower shall have delivered to the Bank all of those items identified as "Borrower's and the Guarantors' Documents" on the Closing Agenda attached hereto as Schedule 6.1a)(iii) and made a part hereof, all of which must be reasonably acceptable, in form and substance, to the Bank, unless waived in a particular instance by the Bank.
(b) Without limiting in any manner the scope or generality of the foregoing, certain of said items are more particularly described as follows:
(i) All of the Borrower's obligations, if any, to its Subsidiaries or the Guarantors and any officers or directors thereof or of the Borrower shall have been subordinated to the Borrower's performance of its obligations to the Bank with respect to the Loan.
(ii) The Bank shall have received:
(A) acknowledgment copies of proper financing statements (Form UCC-1) duly filed under the Uniform Commercial Code of all jurisdictions as may be necessary or, in the opinion of the Bank, desirable to perfect the security interests created under the Loan Documents;
(B) certified copies of Requests for Information or Copies (Form UCC-11) listing the financing statements referred to in paragraph (i) above and all other effective financing statements which name PEU (under its present name and any previous names) as debtor and which are filed in the jurisdictions referred to in said paragraph (A), together with copies of such other financing statements (none of which shall cover the Collateral purported to be covered by the Security Agreement);
(C) a title insurance policy written with a company acceptable to the Bank, insuring that the Bank has a valid first lien of record on Real Estate a...
Conditions Precedent to Initial Disbursement. Lender shall not be obligated to, but at Lender's sole option may, make the initial disbursement hereunder (the "Initial Disbursement") until each of the following conditions has been fully satisfied:
(a) Lender shall have received and approved a copy of a survey prepared by an approved surveyor, showing the total square footage of the Property, dimensions, means of ingress and egress, location of all existing and proposed improvements, boundaries, encroachments, setback lines, rights of way and easements, whether the Property is situated within a designated flood hazard area and, if requested by Lender, a surveyor's certificate in substantially the form of EXHIBIT "G" hereto;
(b) Lender shall have received UCC-11 reports and an acceptable title policy binder from a title insurance company qualified to do business in the state in which the Property is situated, in the amount of the Loan and covering the Project, with any exceptions contained in such policies or reports to be subject to approval of Lender and its counsel;
(c) Lender shall have received the properly executed Note, together with the other Loan Documents and such other documents as Lender may require;
(d) If the Property or any part thereof is located in a designated flood zone, a flood insurance policy shall have been obtained on the Project, naming Lender in the mortgagee clause;
(e) Borrower shall be in compliance with all of the terms and provisions set forth herein and no Event of Default specified herein, nor any event or condition which upon notice or lapse of time, or both, would constitute such an Event of Default, shall have occurred and be continuing;
(f) A copy of the Plans shall have been furnished to and approved by Lender;
(g) Lender shall have received satisfactory evidence that a proper building permit and/or any required development permits have been obtained;
(h) Lender shall have received and approved evidence satisfactory to Lender that Borrower has obtained liability, workmen's compensation, hazard and builder's risk insurance with respect to the Project (as applicable), issued by such companies and in such amounts as are satisfactory to Lender, covering all development, construction, and improvements, with mortgagee or loss payable clause(s) in New York standard form in favor of Lender;
(i) Lender shall have received a certificate of compliance with applicable restrictive or protective covenants, and certifications by appropriate governmental agencies, in forms acceptabl...
Conditions Precedent to Initial Disbursement. The obligation of JBIC to make the initial JBIC Disbursement under this Agreement shall be subject to (a) the fulfillment, in a manner satisfactory to JBIC, prior to or concurrently with the making of such initial JBIC Disbursement, of the conditions precedent set forth in Section 5.01 of the Master Participation Agreement (or waiver thereof in accordance with Section 5.01 of the Master Participation Agreement), which conditions are incorporated by reference herein as if fully set forth herein; (b) the fulfillment of the conditions set out in clause (1) of Annex A attached hereto (or waiver thereof by JBIC in accordance with Section 5.01 of the Master Participation Agreement); and (c) with respect to any JBIC Disbursement of Tranche B, the JBIC Agent shall have received the corresponding portion of Tranche B from each JBIC Tranche B Funding Source Bank.
Conditions Precedent to Initial Disbursement. Each Participating Municipality agrees to submit to Treasury the opinions of counsel required by Section 3.3 of the Allocation Agreement as a condition precedent to the initial Disbursement of Allocated Funds.
Conditions Precedent to Initial Disbursement. Lender’s obligation to purchase the Subordinated Debenture and disburse the Initial Disbursement is subject to the satisfaction of the following conditions precedent:
Conditions Precedent to Initial Disbursement. Prior to the first disbursement or to th0 issuanco of the first Lettor of Commitment under the Loan, the Borrower shall, except as A.I.D. may otherwise agree in writing, f urnish to A.I.D. in form c1.nd substance satisfactory to A.I.D.i