Common use of Conditions Precedent to Initial Use Clause in Contracts

Conditions Precedent to Initial Use. of a Credit Facility on and after the Closing Date. The obligations of the Banks on or after the Closing Date to make a Revolving Credit Loan and the obligation of Chase to issue the initial Letter of Credit is subject to the condition precedent that the Banks shall have received on or before the Closing Date each of the following documents, in form and substance satisfactory to the Banks and their counsel, and each of the following requirements shall have been fulfilled: (a) Evidence of Due Organization and all Corporate Actions by the Borrower and each Guarantor. A certificate of the Secretary or Assistant Secretary of the Borrower and each Guarantor, dated the Closing Date, attesting to the certificate of incorporation and by-laws of the Borrower and each Guarantor and all amendments thereto and to all corporate actions taken by the Borrower and each Guarantor, including resolutions of its board of directors, authorizing the execution, delivery and performance of the Loan Documents, and each other document to be delivered pursuant to the Loan Documents; (b) Incumbency and Signature Certificates of the Borrower and each Guarantor. A certificate of the Secretary or Assistant Secretary of the Borrower and each Corporate Guarantor, dated the Closing Date, certifying the names and true signatures of the officers of the Borrower and each Guarantor authorized to sign the Loan Documents to which it is a party, and the other documents to be delivered pursuant to the Loan Documents;

Conditions Precedent to Initial Use. of a Credit Facility on and after the Closing Effective Date. The obligations of the Banks on or after the Closing Date date of this Agreement to make a Revolving Credit Loan and the obligation of Chase HSBC to issue the initial Letter of Credit and for the Existing Letters of Credit to become Letters of Credit hereunder is subject to the condition precedent that the Banks shall have received on or before the Closing Effective Date each of the following documents, in form and substance satisfactory to the Banks and their counsel, and each of the following requirements shall have been fulfilled: (a) Evidence of Due Organization and all Corporate Actions by the Borrower and each Guarantor. A certificate of the Secretary or Assistant Secretary of the Borrower and each Guarantor, dated the Closing Datedate of this Agreement, attesting to the certificate of incorporation and by-laws of the Borrower and each Guarantor and all amendments thereto and to all corporate actions taken by the Borrower and each Guarantor, including resolutions of its board of directors, authorizing the execution, delivery and performance of the Loan Documents, and each other document to be delivered pursuant to the Loan Documents; (b) Incumbency and Signature Certificates of the Borrower and each Guarantor. A certificate of the Secretary or Assistant Secretary of the Borrower and each Corporate Guarantor, dated the Closing Datedate of this Agreement, certifying the names and true signatures of the officers of the Borrower and each Guarantor authorized to sign the Loan Documents to which it is a party, and the other documents to be delivered pursuant to the Loan Documents; (c) Good Standing Certificates of Borrower and each Guarantor. A Certificate, dated reasonably near the date of this Agreement, from the Secretary of State (or other appropriate official) of the jurisdiction of incorporation of Borrower and each Guarantor certifying as to the due incorporation and good standing of Borrower or such Guarantor and certificates, dated reasonably near the date of this Agreement, from the Secretary of State (or other appropriate official) of each other jurisdiction where Borrower and each Guarantor is required to be qualified to conduct business, certifying that Borrower or such Guarantor is duly qualified to do such business and is in good standing in each such state;

Conditions Precedent to Initial Use. of a Credit Facility on and after the Closing Date. The obligations of the Banks on or after the Closing Date to make a Revolving Credit Loan and the obligation of Chase to issue the initial Letter of Credit is subject to the condition precedent that the Banks shall have received on or before the Closing Date each of the following documents, in form and substance satisfactory to the Banks and their counsel, and each of the following requirements shall have been fulfilled: (a) Evidence of Due Organization and all Corporate Actions by the Borrower and each Guarantor. A certificate of the Secretary or Assistant Secretary of the Borrower and each Guarantor, dated the Closing Date, attesting to the certificate of incorporation and by-laws of the Borrower and each Guarantor and all amendments thereto and to all corporate actions taken by the Borrower and each Guarantor, including resolutions of its board of directors, authorizing the execution, delivery and performance of the Loan Documents, and each other document to be delivered pursuant to the Loan Documents; (b) Incumbency and Signature Certificates of the Borrower and each Guarantor. A certificate of the Secretary or Assistant Secretary of the Borrower and each Corporate Guarantor, dated the Closing Date, certifying the names and true signatures of the officers of the Borrower and each Guarantor authorized to sign the Loan Documents to which it is a party, and the other documents to be delivered pursuant to the Loan Documents;