CONDITIONS PRECEDENT TO LOAN. The obligations of Lender to make the Loan hereunder are subject to the satisfaction by Borrower of the following conditions:
CONDITIONS PRECEDENT TO LOAN. The effectiveness of this Agreement and Lender’s obligation to fund the Third Tranche amount shall be subject to the following conditions precedent having been met to the satisfaction of Lender, or, alternatively, waived in writing by Lender:
(a) this Agreement shall have been executed and delivered by all parties hereto;
(b) the Loan Parties shall have executed and delivered to Lender the Loan Documents to which each is a party including, without limitation, the Security Documents;
(c) Lender shall have received certified copies of the Organizational Documents of the Loan Parties, the resolutions authorizing the execution, delivery and performance of the Loan Parties’ respective obligations under the Loan Documents to which they are a party and the transactions contemplated therein, and the incumbency of the officers of each Loan Party;
(d) copies of all shareholder, limited liability and partnership agreements, if any, applicable to the Loan Parties, certified by Borrower to be true, shall have been delivered to Lender’s satisfaction;
(e) certificates of status or good standing, as applicable, for all relevant jurisdictions of each Loan Party shall have been delivered to Lender;
(f) Borrower shall be in compliance in all material respects with all (if any) Material Contracts and Material Licenses to the satisfaction of Lender and copies of all Material Contracts and Material Licenses if any, applicable to Borrower, shall have been delivered to Lender;
(g) evidence of repayment in full of all Debt that is not Permitted Debt owing by the Loan Parties to any third party lenders to the Loan Parties concurrent with the Loan shall have been delivered to Lender;
(h) releases, discharges, estoppels and postponements with respect to all Liens which are not Permitted Liens, if any, shall have been delivered to Lender;
(i) payment of all amounts and fees payable to Lender;
(j) duly executed copies of the Security shall have been delivered to Lender and such financing statements or other registrations of such Security, or notice thereof, shall have been filed, registered, entered or recorded in all offices of public record necessary or desirable in the opinion of Lender to preserve or protect the charges and security interests created thereby;
(k) the share certificates of the Subsidiaries pledged in favour of the Lender pursuant to the Security Documents shall have been delivered to the Lender, duly endorsed in blank (to be delivered within 10 days of the Closing D...
CONDITIONS PRECEDENT TO LOAN. The obligation of Lender to make the Term Loan Advances hereunder is subject to the satisfaction by Borrower of the following conditions:
CONDITIONS PRECEDENT TO LOAN. The obligation of Lender to fund the Loan on each Advance Date(s) shall be subject to satisfaction by Borrower or waiver by Lender, in Lender's sole discretion, of the following conditions:
(a) The Advance Date(s) for any installment shall occur on or before September 25, 1999.
CONDITIONS PRECEDENT TO LOAN. Prior to Bank being obligated to make any Loan pursuant to this Agreement, Bank must receive all of the following, each of which must be in form and substance satisfactory to Bank:
CONDITIONS PRECEDENT TO LOAN. The obligation of each Lender to make the Initial Loan Advance hereunder is subject to the satisfaction by Borrower of the following conditions:
CONDITIONS PRECEDENT TO LOAN. Prior to Bank being obligated to make any Loan pursuant to this Agreement, Bank must receive all of the following, each of which must be in form and substance satisfactory to Bank:
3.01 PROMISSORY NOTE(S). Original, executed promissory note(s).
CONDITIONS PRECEDENT TO LOAN. On or prior to the Funding Date, Borrower will provide to Lender the following, in form and substance satisfactory to Lender:
6.1 Such documentation, including without limitation, a Xxxx of Sale, and other documents as shall reasonably evidence Borrower's right, title and interest in and to the Equipment;
6.2 A certified resolution or other certificate of corporate authority for the execution and the delivery of, and the performance of all Obligations under the Loan Documents and all related documentation;
CONDITIONS PRECEDENT TO LOAN. The obligation of Lender to make the Loan under this Agreement is subject to satisfaction by Borrower of all of the following conditions precedent to the satisfaction of Lender in its sole discretion:
(a) Lender shall have received an original signed copy of this Agreement and an original signed Note in the form of Exhibit A hereto from Borrower;
(b) A certificate from an officer of Borrower shall be delivered to Lender, which certificate shall include (i) an incumbency certificate for all signatories of Borrower, (ii) a true and complete copy of the articles of incorporation of Borrower as amended to date, (iii) a true and complete copy of the bylaws of Borrower as amended to date, and (iv) a copy of the resolutions authorizing Borrower to enter into the Loan Documents, together with a certificate that such resolutions have not been modified or revoked through the date hereof;
(c) Lender shall have received a certificate of good standing of Borrower from the Secretary of State of Nevada;
(d) All representations and warranties of Borrower in this Agreement shall be true and correct as of the date hereof, and no Event of Default shall exist under the Loan Documents; and
(e) Lender shall have received such other documents, approvals or materials as Lender may reasonably request.
CONDITIONS PRECEDENT TO LOAN. Lenders shall not be obligated to make the Initial Advance until the following conditions shall have been satisfied:
(a) There shall exist no Default or Event of Default, and no Default or Event of Default would result from the making of the Loan;
(b) The representations and warranties made to Administrative Agent or Lenders herein, in the other Loan Documents and in any other document, certificate or statement executed or delivered to Administrative Agent or Lenders in connection with the Loan shall be true and correct on and as of the date of the advance of the Loan with the same effect as if made on such date;
(c) The Improvements shall not have been materially injured or damaged by fire or other casualty; and
(d) Lenders shall have received and approved each of the following:
