Conditions Precedent to Initial Loans and Letter of Credit Accommodations. Each of the following is a condition precedent to Lenders (or Administrative Agent on behalf of Lenders) making the initial Loans and providing the initial Letter of Credit Accommodations hereunder: (a) Administrative Agent shall have received, in form and substance reasonably satisfactory to Administrative Agent, all releases, terminations, discharges and such other documents as Administrative Agent may request to evidence and effectuate the termination by the Existing Lenders of their existing credit facilities provided by them to Borrowers and Guarantor and the repayment in full of all Indebtedness and other obligations of Borrowers and Guarantor to each of them, duly authorized, executed and delivered by the Existing Lenders; (b) Administrative Agent shall have received evidence, in form and substance reasonably satisfactory to Administrative Agent, that Administrative Agent, for itself and the ratable benefit of Lenders, has valid perfected and first priority security interests in and liens and hypothecs upon the Collateral and any other property which is intended to be security for the Obligations or the liability of any Obligor in respect thereof, subject only to the security interests and liens permitted herein or in the other Financing Agreements; (c) all requisite corporate action and proceedings in connection with this Agreement and the other Financing Agreements shall be reasonably satisfactory in form and substance to Administrative Agent, and Administrative Agent shall have received all information and copies of all documents, including, without limitation, records of requisite corporate action and proceedings which Administrative Agent may have requested in connection therewith, such
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Samples: Loan and Security Agreement (Bell Microproducts Inc)
Conditions Precedent to Initial Loans and Letter of Credit Accommodations. Each of the following is a condition precedent to Lenders (or Administrative Agent on behalf of Lenders) Lender making the initial Loans and or providing the initial Letter of Credit Accommodations hereunder:
(a) Administrative Agent Lender shall have received, in form and substance reasonably satisfactory to Administrative AgentLender, all releases, terminations, discharges terminations and such other documents as Administrative Agent Lender may request to evidence and effectuate the termination by the Existing Lenders any supplier or any existing lender or lenders to Borrower of their existing credit facilities provided by them to Borrowers and Guarantor respective financing arrangements with Borrower and the repayment termination and release by it or them, as the case may be, of any interest in full and to any assets and properties of all Indebtedness Borrower and other obligations of Borrowers and Guarantor to each of themObligor, duly authorized, executed and delivered by the Existing Lendersit or each of them, including, but not limited to, UCC termination statements for all UCC financing statements previously filed by it or any of them or their predecessors, as secured party, and Borrower or any Obligor, as debtor;
(b) Administrative Agent Lender shall have received evidence, in form and substance reasonably satisfactory to Administrative AgentLender, that Administrative Agent, for itself and the ratable benefit of Lenders, Lender has valid perfected and first priority security interests in and liens and hypothecs upon the Collateral and any other property which is intended to be security for the Obligations or the liability of any Obligor in respect thereof, subject only to the security interests and liens permitted herein or in the other Financing Agreements;
(c) all requisite corporate action and proceedings in connection with this Agreement and the other Financing Agreements shall be reasonably satisfactory in form and substance to Administrative Agent, and Administrative Agent shall have received all information and copies of all documents, including, without limitation, records of requisite corporate action and proceedings which Administrative Agent may have requested in connection therewith, such
Appears in 1 contract
Samples: Loan and Security Agreement (Storage Dimensions Inc)
Conditions Precedent to Initial Loans and Letter of Credit Accommodations. Each of the following is a condition precedent to Lenders (or Administrative Agent on behalf of Lenders) Lender making the initial Loans and providing the initial Letter of Credit Accommodations hereunder:
(a) Administrative Agent Lender shall have received, in form and substance reasonably satisfactory to Administrative AgentLender, all releases, terminations, discharges terminations and such other documents as Administrative Agent Lender may request to evidence and effectuate the termination by the Existing Lenders Citizens of their existing all of its credit facilities provided by them to financing arrangements with Borrowers and Guarantor Guarantors existing pursuant to the Amended and Restated Credit Agreement, dated as of November 1, 1999, by and among the Borrowers and Guarantors, as guarantors, and otherwise and the repayment termination and release by Citizens of any interest in full of all Indebtedness and other obligations to any assets and properties of Borrowers and Guarantor to each of themGuarantors, duly authorized, executed and delivered by each of them, including, but not limited to, (i) UCC termination statements for all UCC financing statements previously filed by Citizens or its predecessors, as secured party and any Borrower or Guarantor, as debtor and (ii) satisfactions and discharges of any mortgages, deeds of trust or deeds to secure debt by any Borrower or Guarantor in favor of such lender, in form acceptable for recording with the Existing Lendersappropriate Governmental Authority;
(b) Administrative Agent Lender shall have received evidence, in form and substance reasonably satisfactory to Administrative AgentLender, that Administrative Agent, for itself and the ratable benefit of Lenders, Lender has valid perfected and first priority security interests in and liens and hypothecs upon the Collateral and any other property which is intended to be security for the Obligations or the liability of any Obligor Guarantor in respect thereof, subject only to the security interests and liens permitted herein or in the other Financing Agreements;
(c) all requisite corporate action and proceedings in connection with this Agreement and the other Financing Agreements shall be reasonably satisfactory in form and substance to Administrative Agent, and Administrative Agent shall have received all information and copies of all documents, including, without limitation, records of requisite corporate action and proceedings which Administrative Agent may have requested in connection therewith, such
Appears in 1 contract
Conditions Precedent to Initial Loans and Letter of Credit Accommodations. Each of the following is a condition precedent to Agent and Lenders (or Administrative Agent on behalf of Lenders) making the initial Loans and providing the initial Letter of Credit Accommodations hereunder:
(a) Administrative Agent shall have received, in form and substance reasonably satisfactory to Administrative Agent, all releases, terminations, discharges terminations and such other documents as Administrative Agent may reasonably request to evidence and effectuate the termination by the Existing Lenders existing lenders to Borrower and Guarantors of their existing credit facilities provided by them to Borrowers respective financing arrangements with Borrower and Guarantor Guarantors and the repayment termination and release by it or them, as the case may be, of any interest in full and to any assets and properties of all Indebtedness Borrower and other obligations of Borrowers and Guarantor to each of themGuarantor, duly authorized, executed and delivered by it or each of them, including, but not limited to, (i) UCC termination statements for all UCC financing statements previously filed by it or any of them or their predecessors, as secured party and Borrower or any Guarantor, as debtor and (ii) satisfactions and discharges of any mortgages, deeds of trust or deeds to secure debt by Borrower or any Guarantor in favor of such existing lenders or any agent for them, in form acceptable for recording with the Existing Lendersappropriate Governmental Authority;
(b) Administrative Agent shall have received evidence, in form and substance reasonably satisfactory to Administrative Agent, that Administrative Agent, for itself and the ratable benefit of Lenders, has valid perfected and first priority security interests in and liens and hypothecs upon the Collateral and any other property which is intended to be security for the Obligations or the liability of any Obligor in respect thereof, subject only to the security interests and liens permitted herein or in the other Financing Agreements;
(c) all requisite corporate action and proceedings in connection with this Agreement and the other Financing Agreements shall be reasonably satisfactory in form and substance to Administrative Agent, and Administrative Agent shall have received all information and copies of all documents, including, without limitation, including records of requisite corporate action and proceedings which Administrative Agent may have reasonably requested in connection therewith, such
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