Common use of Conditions Precedent to Issuance of Debt Service Reserve Letter of Credit Clause in Contracts

Conditions Precedent to Issuance of Debt Service Reserve Letter of Credit. The obligation of the Initial Bank to issue the Debt Service Reserve Letter of Credit is subject to the follow conditions precedent: (a) the Agent shall have received the following, each dated on or before the Closing Date unless otherwise specified below, in form and substance satisfactory to the Agent and in the number of originals or photostatic copies reasonably required by the Agent: (i) this Agreement and the Notes duly executed by the Borrower; (ii) the Indenture duly executed by the parties thereto; (iii) the Depositary Agreement, the Intercreditor Agreement and each of the other Security Documents duly executed by the parties thereto; (iv) written opinions of counsel, as to such matters as the Agent may reasonably request; and (v) a certificate of the Depositary Bank as to the incumbency and specimen signatures of the officers of the Depositary Bank authorized to make drawings, to execute and present certificates under the Debt Service Reserve Letter of Credit, and otherwise communicate with the Agent with respect thereto; (b) all agreements referred to in Sections 3.1(a)(i), (ii) and (iii) remain in full force and effect; (c) the Borrower shall have paid all accrued fees and expenses (as provided in Sections 2.5 and 9.4) of the Agent and the Banks (including the reason able accrued fees and disbursements of counsel to the Agent and the Banks), to the extent that one or more statements for such fees and expenses have been presented for payment, provided that no such statement shall be required to be delivered in connection with any fee payable on the Closing Date pursuant to Section 2.5(a); (d) all conditions precedent under the Purchase Agreement have been satisfied; and (e) the Agent shall have received such other approvals, opinions, evidence and documents as it may reasonably request and which are customary for transactions of the type contemplated by this Agreement.

Conditions Precedent to Issuance of Debt Service Reserve Letter of Credit. The obligation of the Initial Issuing Bank to issue the Debt Service Reserve Letter of Credit is subject to the follow conditions precedent: (a) the Agent shall have received the following, each dated on or before the Closing Date unless otherwise specified below, in form and substance satisfactory to the Agent and in the number of originals or photostatic copies reasonably required by the Agent: (i) this Agreement and the DSR Notes duly executed by the Borrower; (ii) the Indenture duly executed by the parties thereto; (iii) the Depositary Agreement, the Intercreditor Agreement and each of the other Security Documents duly executed by the parties thereto; (iv) written opinions of counsel, as to such matters as the Agent may reasonably request; and (vii) a certificate of the Depositary Bank Lease Indenture Trustee as to the incumbency and specimen signatures of the officers of the Depositary Bank Lease Indenture Trustee authorized to make drawings, to execute and present certificates under the Debt Service Reserve Letter of Credit, and otherwise to communicate with the Agent with respect thereto; (b) all agreements referred to in Sections 3.1(a)(i)concurrently with the issuance of the Debt Service Reserve Letter of Credit, (ii) the Lease Indenture and (iii) remain the Security Documents shall be in full force and effect; (c) the Borrower shall have paid all accrued fees and expenses (as provided in Sections 2.5 and 9.4) of the Agent and the Banks (including the reason able reasonable accrued fees and disbursements of counsel to the Agent and the Banks), to the extent that one or more statements for such fees and expenses have been presented for payment, provided that no such statement shall be required to be delivered in connection with any fee payable on the Closing Date pursuant to Section 2.5(a); (d) all conditions precedent under the Purchase Agreement have been satisfied; and (e) the Agent shall have received such other approvals, opinions, evidence and documents (including financial statements of the Borrower) as it may reasonably request and which are customary for transactions of the type contemplated by this Agreement.

Conditions Precedent to Issuance of Debt Service Reserve Letter of Credit. The obligation of the Initial Issuing Bank to issue the Debt Service Reserve Letter of Credit is subject to the follow satisfaction of the following conditions precedent: (a1) the Agent shall have received the following, each dated on or before the Closing Date unless otherwise specified below, in form and substance satisfactory to the Agent and in the number of originals or photostatic copies reasonably required by the Agent: (i) this Agreement and the DSR Notes duly executed by the Borrower; (ii) the Indenture duly executed by the parties thereto; (iii) the Depositary Agreement, the Intercreditor Agreement and each of the other Security Documents duly executed by the parties thereto; (iv) written opinions of counsel, as to such matters as the Agent may reasonably request; and (vii) a certificate of the Depositary Bank Lease Indenture Trustee as to the incumbency and specimen signatures of the officers of the Depositary Bank Lease Indenture Trustee authorized to make drawings, to execute and present certificates under the Debt Service Reserve Letter of Credit, and otherwise to communicate with the Agent with respect thereto; (b2) all agreements referred to in Sections 3.1(a)(i)concurrently with the issuance of the Debt Service Reserve Letter of Credit, (ii) the Lease Indenture and (iii) remain the Operative Documents shall be in full force and effect; (c3) the Borrower shall have paid all accrued fees and expenses (as provided in Sections 2.5 and 9.4) of the Agent and the Banks (including the reason able reasonable accrued fees and disbursements of counsel to the Agent and the Banks), to the extent that one or more statements for such fees and expenses have been presented for payment, provided that no such statement ; (4) all of the representations and warranties of the Borrower made in Article IV hereof shall be required to be delivered in connection with any fee payable on true and correct as of the Closing Date pursuant (unless such representation or warranty relates solely to Section 2.5(aan earlier date, in which case such representation and warranty shall be true and correct only as of such earlier date); (d) all conditions precedent under the Purchase Agreement have been satisfied; and (e5) the Agent shall have received such other approvals, opinions, evidence and documents (including financial statements of the Borrower) as it may reasonably request and which are customary for transactions of the type contemplated by this Agreement.

Conditions Precedent to Issuance of Debt Service Reserve Letter of Credit. The obligation of the Initial Issuing Bank to issue the Debt Service Reserve Letter of Credit is subject to the follow conditions precedent: (a) the Agent shall have received the following, each dated on or before the Closing Date unless otherwise specified below, in form and substance satisfactory to the Agent and in the number of originals or photostatic copies reasonably required by the Agent: (i) this Agreement and the DSR Notes duly executed by the Borrower; (ii) the Indenture duly executed by the parties thereto; (iii) the Depositary Agreement, the Intercreditor Agreement and each of the other Security Documents duly executed by the parties thereto; (iv) written opinions of counsel, as to such matters as the Agent may reasonably request; and (vii) a certificate of the Depositary Bank Collateral Agent as to the incumbency and specimen signatures of the officers of the Depositary Bank Collateral Agent authorized to make drawings, to execute and present certificates under the Debt Service Reserve Letter of Credit, and otherwise to communicate with the Agent with respect thereto; (b) all agreements referred to in Sections 3.1(a)(i)the Indenture, (ii) the Intercreditor Agreement and (iii) remain the Security Documents shall be in full force and effect; (c) the Borrower shall have paid all accrued fees and expenses (as provided in Sections SECTIONS 2.5 and 9.4) of the Agent and the Banks (including the reason able reasonable accrued fees and disbursements of counsel to the Agent and the Banks), to the extent that one or more statements for such fees and expenses have been presented for payment, provided that no such statement shall be required to be delivered in connection with any fee payable on the Closing Date pursuant to Section 2.5(a); (d) all conditions precedent under the Purchase Agreement have been satisfied; and (e) the Agent shall have received such other approvals, opinions, evidence and documents as it may reasonably request and which are customary for transactions of the type contemplated by this Agreement.

Conditions Precedent to Issuance of Debt Service Reserve Letter of Credit. The obligation of the Initial Issuing Bank to issue the Debt Service Reserve Letter of Credit is subject to the follow conditions precedent: (a) the Agent shall have received the following, each dated on or before the Closing Date unless otherwise specified below, in form and substance satisfactory to the Agent and in the number of originals or photostatic copies reasonably required by the Agent: (i) this Agreement and the DSR Notes duly executed by the Borrower; (ii) the Indenture duly executed by the parties thereto; (iii) the Depositary Agreement, the Intercreditor Agreement and each of the other Security Documents duly executed by the parties thereto; (iv) written opinions of counsel, as to such matters as the Agent may reasonably request; and (vii) a certificate of the Depositary Bank Security Agent as to the incumbency and specimen signatures of the officers of the Depositary Bank Security Agent authorized to make drawings, to execute and present certificates under the Debt Service Reserve Letter of Credit, and otherwise to communicate with the Agent with respect thereto; (b) all agreements referred to in Sections 3.1(a)(i)concurrently with the issuance of the Debt Service Reserve Letter of Credit, (ii) the Lease Indenture and (iii) remain the Security Documents shall be in full force and effect; (c) the Borrower shall have paid all accrued fees and expenses (as provided in Sections SECTIONS 2.5 and 9.4) of the Agent and the Banks (including the reason able reasonable accrued fees and disbursements of counsel to the Agent and the Banks), to the extent that one or more statements for such fees and expenses have been presented for payment, provided that no such statement shall be required to be delivered in connection with any fee payable on the Closing Date pursuant to Section 2.5(a); (d) all conditions precedent under the Purchase Agreement have been satisfied; and (e) the Agent shall have received such other approvals, opinions, evidence and documents (including financial statements of the Borrower) as it may reasonably request and which are customary for transactions of the type contemplated by this Agreement.