Common use of Conditions Precedent to the Initial Revolving Advance Clause in Contracts

Conditions Precedent to the Initial Revolving Advance. The Lender's obligation to make the initial Revolving Advance hereunder shall be subject to the condition precedent that the Lender shall have received all of the following, each in form and substance satisfactory to the Lender: (a) This Agreement, properly executed by the Borrower. (b) The Note, properly executed by the Borrower. (c) For all locations listed on Exhibit D, a true and correct copy of any and all leases pursuant to which the Borrower is leasing such Premises, together with a landlord's disclaimer and consent with respect to each such lease. (d) For all locations listed on Exhibit D, a true and correct copy of any and all mortgages pursuant to which the Borrower has mortgaged such Premises, together with a mortgagee's disclaimer and consent with respect to each such mortgage. (e) The Collateral Account Agreement, properly executed by the Borrower and Norwest Bank Colorado, National Association. (f) The Lockbox Agreement, properly executed by the Borrower and Norwest Bank Colorado, National Association. (g) Current searches of appropriate filing offices showing that (i) no state or federal tax liens have been filed and remain in effect against the Borrower, (ii) no financing statements have been filed and remain in effect against the Borrower except those financing statements relating to Permitted Liens or to liens held by Persons who have agreed in writing that upon receipt of proceeds of the Advances, they will deliver UCC releases and/or terminations satisfactory to the Lender, and (iii) the Lender has duly filed all financing statements necessary to perfect the Security Interest, to the extent the Security Interest is capable of being perfected by filing. (h) A certificate of the Borrower's secretary or assistant secretary certifying as to (i) the resolutions of the Borrower's directors and if required, shareholders, authorizing the execution, delivery and performance of the Loan Documents, (ii) the Borrower's articles of incorporation and bylaws, and (iii) the signatures of the Borrower's officers or agents authorized to execute and deliver the Loan Documents and other instruments, agreements and certificates, including Advance requests, on the Borrower's behalf. (i) A current certificate issued by the Secretary of State of Wyoming, certifying that the Borrower is in compliance with all applicable organizational requirements of the State of Wyoming. (j) Evidence that the Borrower is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. (k) A certificate of an officer of the Borrower confirming to the best of his knowledge, in his personal capacity, the representations and warranties set forth in Article V. (l) An opinion of counsel to the Borrower, addressed to the Lender. (m) Certificates of the insurance required hereunder, with all hazard insurance containing a lender's loss payable endorsement in the Lender's favor and with all liability insurance naming the Lender as an additional insured. (n) A separate guaranty, properly executed by each Guarantor, pursuant to which each Guarantor unconditionally guarantees the full and prompt payment of all Obligations to the extent of each such guaranty. (o) A waiver of interest, properly executed by the spouse of the Individual Guarantor, waiving any and all interest such spouse may have in the assets disclosed to the Lender in the financial statements of the Individual Guarantor and in any future earnings or assets acquired by the Individual Guarantor. (p) A certificate of the secretary or assistant secretary of Meteor Industries, Inc. certifying as to (i) the resolutions of the directors and, if required, shareholders, of that company authorizing the execution, delivery and performance of the guaranty executed and delivered to the Lender by it; (ii) the company's articles of incorporation and bylaws; and (iii) the signatures of the officer or agents authorized to execute and deliver such guaranty on behalf of such company. (q) An opinion of counsel to Meteor Industries, Inc., addressed to the Lender. (r) Payment of the fees, costs and expenses due through the date of the initial Advance under Section 2.3 and expenses incurred by the Lender through such date and required to be paid by the Borrower under Section 9.6, including all legal expenses incurred through the date of this Agreement. (s) A letter addressed to the Lender executed by the Organizational Guarantor and by Graves Oil & Butane Co., Xxx. ("Graves"), certifying txxx Xxaves owes the Organixxxxxxal Guarantor no more than $400,000. (t) A letter addressed to the Lender executed by the Organizational Guarantor and by Hillger Oil Company ("Xxxxxxx"), certifying xxxx Xxllger owes no amount xx xxxey to the Organizational Guarantor. (u) Such other documents as the Lender in its sole discretion may require.

Appears in 1 contract

Samples: Credit and Security Agreement (Meteor Industries Inc)

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Conditions Precedent to the Initial Revolving Advance. The Lender's obligation to make the initial Revolving Advance hereunder shall be subject to the condition precedent that the Lender shall have received all of the following, each in form and substance satisfactory to the Lender: (a) This Agreement, properly executed by the Borrower. (b) The NoteNotes, properly executed by the Borrower. (c) For The Security Agreements, properly executed by the Borrower. (d) The Collateral Account Agreement, properly executed by the Borrower. (e) The Collateral Pledge Agreement, properly executed by the Borrower together with certificates representing all locations listed on Exhibit Dof the Borrower's shares in Medical Graphics F.S.C. and ErgometRx and stock powers with respect to such certificates. (f) The SBA/Eximbank Joint Application, properly completed and executed by the Borrower. (g) The Borrower Agreement, properly executed by the Borrower. (h) A properly completed and executed Borrowing Base Certificate as of a date not more than five (5) Business Days before the date of this Agreement. (i) An exceptions approval letter, properly signed by Eximbank. (j) A participation and servicing agreement, properly signed by the Servicer. (k) Copies of the Borrower's audited financial statements with full disclosure for the last three (3) fiscal years. (l) Copies of the Borrower's federal tax return for the last year together with all schedules thereto. (m) A true and correct copy of any and all leases pursuant to which the Borrower is leasing such the Premises, together with a landlord's disclaimer and consent with respect to each such lease. (d) For all locations listed on Exhibit D, a true and correct copy of any and all mortgages pursuant to which the Borrower has mortgaged such Premises, together with a mortgagee's disclaimer and consent with respect to each such mortgage. (en) The Collateral Account Patent and Trademark Security Agreement, properly executed by the Borrower and Norwest Bank Colorado, National AssociationBorrower. (f) The Lockbox Agreement, properly executed by the Borrower and Norwest Bank Colorado, National Association. (go) Current searches of appropriate filing offices showing that (i) no state or federal tax liens have been filed and remain in effect against the Borrower, (ii) no financing statements or assignments of patents, trademarks or copyrights have been filed and remain in effect against the Borrower except those financing statements and assignments of patents, trademarks or copyrights relating to Permitted Liens or to liens held by Persons who have agreed in writing that upon receipt of proceeds of the Advances, they will deliver UCC releases and/or terminations and releases of such assignments of patents, trademarks or copyrights satisfactory to the Lender, and (iii) the Lender has duly filed all financing statements necessary to perfect the Security Interest, to the extent the Security Interest is capable of being perfected by filing. (hp) A certificate of the Borrower's secretary Secretary or assistant secretary Assistant Secretary certifying as to (i) the resolutions of the Borrower's directors and and, if required, shareholders, authorizing the execution, delivery and performance of the Loan Documents, (ii) the Borrower's articles of incorporation and bylaws, and (iii) the signatures of the Borrower's officers or agents authorized to execute and deliver the Loan Documents and other instruments, agreements and certificates, including Advance requests, on the Borrower's behalf. (iq) A current certificate issued by the Secretary of State of WyomingMinnesota, certifying that the Borrower is in compliance with all applicable organizational requirements of the State of WyomingMinnesota. (jr) Evidence that the Borrower is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. (ks) A certificate of an officer of the Borrower confirming to the best of his knowledgeconfirming, in his personal capacity, the representations and warranties set forth in Article V.IV and the Disclosure. (lt) Support agreements in favor of the Lender and NBCI, properly executed by Xxxxx X. Xxxxxx and Xxxx X. Xxxxxxx in their personal capacities. (u) An opinion of counsel to the Borrower, addressed to the Lender. (mv) Certificates of the insurance required hereunder, with all hazard insurance containing a lender's loss payable endorsement in the Lender's favor and with all liability insurance naming the Lender as an additional insured. (n) A separate guaranty, properly executed by each Guarantor, pursuant to which each Guarantor unconditionally guarantees the full and prompt payment of all Obligations to the extent of each such guaranty. (o) A waiver of interest, properly executed by the spouse of the Individual Guarantor, waiving any and all interest such spouse may have in the assets disclosed to the Lender in the financial statements of the Individual Guarantor and in any future earnings or assets acquired by the Individual Guarantor. (p) A certificate of the secretary or assistant secretary of Meteor Industries, Inc. certifying as to (i) the resolutions of the directors and, if required, shareholders, of that company authorizing the execution, delivery and performance of the guaranty executed and delivered to the Lender by it; (ii) the company's articles of incorporation and bylaws; and (iii) the signatures of the officer or agents authorized to execute and deliver such guaranty on behalf of such company. (q) An opinion of counsel to Meteor Industries, Inc., addressed to the Lender. (rw) Payment of the fees, costs fees and expenses commissions due through the date of the initial Advance under Section 2.3 and expenses incurred by the Lender through such date and required to be paid by the Borrower under Section 9.68.3, including all legal expenses incurred through the date of this Agreement. (sx) A letter addressed to Evidence that the Lender NBCI Credit Agreement has been executed and delivered by the Organizational Guarantor Borrower and by Graves Oil & Butane Co.that not later than simultaneously with the initial Advance, Xxx. ("Graves"), certifying txxx Xxaves owes all conditions precedent to funding under the Organixxxxxxal Guarantor no more than $400,000NBCI Credit Agreement shall have been satisfied. (t) A letter addressed to the Lender executed by the Organizational Guarantor and by Hillger Oil Company ("Xxxxxxx"), certifying xxxx Xxllger owes no amount xx xxxey to the Organizational Guarantor. (uy) Such other documents as the Lender in its sole discretion may require.

Appears in 1 contract

Samples: Credit Agreement (Medical Graphics Corp /Mn/)

Conditions Precedent to the Initial Revolving Advance. The Lender's ’s obligation to make the initial Revolving Advance hereunder shall be subject to the condition precedent that the Lender shall have received all of the following, each in form and substance satisfactory to the Lender: (a) This Agreement, properly executed by the Borrower. (b) The Note, properly executed by the Borrower. (c) For all locations listed on Exhibit DA confirmation, a true and correct copy of any and all leases in writing, signed by each Guarantor, pursuant to which such Guarantor confirms the Borrower is leasing continuing effectiveness of the instrument of guaranty executed in favor of the Lender by such Premises, together with a landlord's disclaimer and consent with respect to each such leaseGuarantor. (d) For all locations listed on Exhibit D, a true and correct A stamped acknowledgement copy of any and all mortgages pursuant to which an “in lieu” financing statement recorded with the Secretary of State of Delaware, reflecting the Borrower has mortgaged such Premises, together with a mortgagee's disclaimer as debtor and consent with respect to each such mortgagethe Lender as secured party. (e) The Collateral Account Agreement, properly executed by the Borrower and Norwest Bank Colorado, National Association. (f) The Lockbox Agreement, properly executed by the Borrower and Norwest Bank Colorado, National Association. (g) Current searches of appropriate filing offices showing that (i) no state or federal tax liens have been filed and remain in effect against the Borrower, (ii) no financing statements have been filed and remain in effect against the Borrower except those financing statements relating to Permitted Liens or to liens held by Persons who have agreed in writing that upon receipt of proceeds of the Advances, they will deliver UCC releases and/or terminations satisfactory to the Lender, and (iii) the Lender has duly filed all financing statements necessary to perfect the Security Interest, to the extent the Security Interest is capable of being perfected by filing. (h) A certificate of the Borrower's secretary ’s Secretary or assistant secretary Assistant Secretary certifying as to (i) the resolutions of the Borrower's ’s directors and and, if required, shareholders, authorizing the execution, delivery and performance of the Loan Documentsthis Agreement, (ii) the Borrower's ’s articles of incorporation and bylaws, and (iii) the signatures of the Borrower's ’s officers or agents authorized to execute and deliver the Loan Documents this Agreement, and other instruments, agreements and certificates, including Advance requests, on the Borrower's ’s behalf. (if) A current certificate issued by the Secretary of State of WyomingDelaware, certifying that the Borrower is in compliance with all applicable organizational requirements of good standing in the State of WyomingDelaware. (jg) Evidence that the Borrower is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. (kh) A certificate of an officer of the Borrower confirming to confirming, on behalf of the best of his knowledge, in his personal capacityBorrower, the representations and warranties set forth in Article V. (li) An opinion of counsel to the Borrower, addressed to the Lender. (m) Certificates of the insurance required hereunder, with all hazard insurance containing a lender's loss payable endorsement in the Lender's favor and with all liability insurance naming the Lender as an additional insured. (n) A separate guaranty, properly executed by each Guarantor, pursuant to which each Guarantor unconditionally guarantees the full and prompt payment of all Obligations to the extent of each such guaranty. (o) A waiver of interest, properly executed by the spouse of the Individual Guarantor, waiving any and all interest such spouse may have in the assets disclosed to the Lender in the financial statements of the Individual Guarantor and in any future earnings or assets acquired by the Individual Guarantor. (p) A certificate of the secretary or assistant secretary of Meteor Industries, Inc. certifying as to (i) the resolutions of the directors and, if required, shareholders, of that company authorizing the execution, delivery and performance of the guaranty executed and delivered to the Lender by it; (ii) the company's articles of incorporation and bylaws; and (iii) the signatures of the officer or agents authorized to execute and deliver such guaranty on behalf of such company. (q) An opinion of counsel to Meteor Industries, Inc., addressed to the Lender. (rj) Payment of the fees, costs fees and expenses commissions due through the date of the initial Advance under Section 2.3 and expenses incurred by the Lender through such date and required to be paid by the Borrower under Section 9.6, including all legal expenses incurred through the date of this Agreement. (s) A letter addressed to the Lender executed by the Organizational Guarantor and by Graves Oil & Butane Co., Xxx. ("Graves"), certifying txxx Xxaves owes the Organixxxxxxal Guarantor no more than $400,000. (t) A letter addressed to the Lender executed by the Organizational Guarantor and by Hillger Oil Company ("Xxxxxxx"), certifying xxxx Xxllger owes no amount xx xxxey to the Organizational Guarantor. (uk) Such other documents as the Lender in its sole discretion discretion, exercised in a commercially reasonable manner, may require.

Appears in 1 contract

Samples: Loan and Security Agreement (Technology Flavors & Fragrances Inc)

Conditions Precedent to the Initial Revolving Advance. The Lender's obligation to make the initial Revolving Advance hereunder shall be subject to the condition precedent that the Lender shall have received all of the following, each in form and substance satisfactory to the Lender: (a) This Agreement, properly executed by each of the BorrowerBorrowers. (b) The Note, properly executed by each of the BorrowerBorrowers. (c) For all locations listed on Exhibit D, a true and correct copy of any and all leases pursuant to which the Borrower is leasing such Premises, together with a landlord's disclaimer and consent with respect to each such lease. (d) For all locations listed on Exhibit D, a A true and correct copy of any and all mortgages pursuant to which the Borrower has Borrowers have mortgaged such the Premises, together with a mortgagee's disclaimer . (d) True and consent with respect correct copies of all license agreements pursuant to each such mortgagewhich any of the Borrowers have licensed intellectual property. (e) The Collateral Account Agreement, properly executed by the Borrower Borrowers and Norwest Bank ColoradoMinnesota, National Association. (f) The Lockbox Agreements, properly executed by each of the Borrowers and each of the Borrowers' existing lockbox banks. (g) A landlords disclaimer and consent with respect to each lease to which any of the Borrowers are leasing the Premises. (h) The Patent and Trademark Security Agreement, properly executed by each of the Borrower and Norwest Bank Colorado, National AssociationBorrowers. (gi) An acknowledgment and waiver of liens from each warehouse or other location in which any of the Borrowers are storing Inventory. (j) Current searches of appropriate filing offices showing that (i) no state or federal tax liens have been filed and remain in effect against any of the BorrowerBorrowers, (ii) no financing statements have been filed and remain in effect against any of the Borrower Borrowers except those financing statements relating to Permitted Liens or to liens held by Persons who have agreed in writing that upon receipt of proceeds of the Advances, they will deliver UCC releases and/or terminations satisfactory to the LenderLiens, and (iii) the Lender has duly filed all financing statements necessary to perfect the Security Interest, to the extent the Security Interest is capable of being perfected by filing. (hk) A certificate separate Certificate of each of the Borrower's secretary Borrowers' secretaries or assistant secretary secretaries certifying as to (i) the resolutions of the Borrower's such Borrowers' directors and if required, shareholders, authorizing the execution, delivery and performance of the Loan Documents, (ii) the Borrower's such Borrowers' articles of incorporation and bylaws, and (iii) the signatures of the Borrower's such Borrowers' officers or agents authorized to execute and deliver the Loan Documents and other instruments, agreements and certificates, including Advance requests, on the Borrower's Borrowers' behalf. (il) A current certificate Current certificates issued by the Secretary Secretaries of State of Wyomingwhere each Borrower are organized, certifying that the each Borrower is in compliance with all applicable organizational requirements of the State of Wyomingthat State. (jm) Evidence that each of the Borrower is Borrowers are duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. (kn) A certificate of an officer one of the Borrower confirming to the best of his knowledgeBorrowers' officers confirming, in his personal capacity, the representations and warranties set forth in Article V. (lo) Support agreements in favor of the Lender, properly executed by Patrxxx X. Xxxxxx, X. Ronaxx Xxxxxxxx, xxd Philxxx X. Xxxxxxxx xx their personal capacity. (p) Evidence satisfactory to the Lender of the legal separation of the Borrowers' North American operations from its European operations and that any insolvency or receivership proceedings involving the Borrowers' European operations will be separate and distinct from the Borrowers' Cases. (q) An opinion of counsel to the BorrowerBorrowers, addressed to the Lender. (mr) Certificates of the insurance required hereunder, with all hazard insurance containing a lender's loss payable endorsement in the Lender's favor and with all liability insurance naming the Lender as an additional insured. (ns) A separate guaranty, properly executed by copy of the Lienholder Notice sent to each Guarantor, pursuant to which each Guarantor unconditionally guarantees the full and prompt payment of all Obligations to the extent of each such guarantyLienholder. (ot) A waiver of interest, properly executed by The Lender's obligation to make Revolving Advances subsequent to the spouse final hearing held to approve the Credit Facility shall be subject to the Lender's receipt of the Individual Guarantor, waiving any and all interest such spouse may have in the assets disclosed to the Lender in the financial statements of the Individual Guarantor and in any future earnings or assets acquired by the Individual GuarantorFinal Order. (p) A certificate of the secretary or assistant secretary of Meteor Industries, Inc. certifying as to (i) the resolutions of the directors and, if required, shareholders, of that company authorizing the execution, delivery and performance of the guaranty executed and delivered to the Lender by it; (ii) the company's articles of incorporation and bylaws; and (iii) the signatures of the officer or agents authorized to execute and deliver such guaranty on behalf of such company. (q) An opinion of counsel to Meteor Industries, Inc., addressed to the Lender. (ru) Payment of the fees, costs fees and expenses commissions due through the date of the initial Advance under Section 2.3 and expenses incurred by the Lender through such date and required to be paid by the Borrower Borrowers under Section 9.69.7, including all legal expenses incurred through the date of this Agreement. (s) A letter addressed to the Lender executed by the Organizational Guarantor and by Graves Oil & Butane Co., Xxx. ("Graves"), certifying txxx Xxaves owes the Organixxxxxxal Guarantor no more than $400,000. (t) A letter addressed to the Lender executed by the Organizational Guarantor and by Hillger Oil Company ("Xxxxxxx"), certifying xxxx Xxllger owes no amount xx xxxey to the Organizational Guarantor. (u) Such other documents as the Lender in its sole discretion may require.

Appears in 1 contract

Samples: Credit and Security Agreement (Nu Kote Holding Inc /De/)

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Conditions Precedent to the Initial Revolving Advance. The Lender's obligation to make the initial Revolving Advance hereunder shall be subject to the condition precedent that the Lender shall have received all of the following, each in form and substance satisfactory to the Lender: (a) This Agreement, properly executed by the Borrower. (b) The Note, properly executed by the Borrower. (c) For The Warrant, properly executed by the Borrower. (d) Evidence that after giving effect to the initial Advance, and after accounting for the projected cashflow shortfall through December 31, 1997, satisfying all locations listed on Exhibit Dof the Borrower's obligations to Marquette Capital Bank, a N.A., book overdrafts and closing costs at the time of closing, Availability shall be not less than $300,000. (e) A true and correct copy of any and all leases pursuant to which the Borrower is leasing such the Premises, together with a landlord's disclaimer and consent with respect to each such lease. (df) For all locations listed on Exhibit DThe Collateral Pledge Agreement, a true and correct copy of any and all mortgages pursuant to which properly executed by the Borrower has mortgaged such Premises, together with a mortgageecertificates representing all of the Borrower's disclaimer shares in Medical Graphics F.S.C. and consent ErgometRx and stock powers with respect to each such mortgagecertificates. (eg) The Collateral Account Agreement, properly executed by the Borrower and Norwest Bank Colorado, National AssociationBank. (fh) The Lockbox Agreement, properly executed by the Borrower and Norwest Bank Colorado, National AssociationBank. (gi) The Patent and Trademark Security Agreement, properly executed by the Borrower. (j) Evidence that the Borrower shall receive not later than simultaneously with the making of the initial Advance, not less than $500,000 of the Equity Infusion. (k) Current searches of appropriate filing offices showing that (i) no state or federal tax liens have been filed and remain in effect against the Borrower, (ii) no financing statements or assignments of patents, trademarks or copyrights have been filed and remain in effect against the Borrower except those financing statements and assignments of patents, trademarks or copyrights relating to Permitted Liens or to liens held by Persons who have agreed in writing that upon receipt of proceeds of the Advances, they will deliver UCC releases and/or terminations and releases of such assignments of patents, trademarks or copyrights satisfactory to the Lender, and (iii) the Lender has duly filed all financing statements necessary to perfect the Security Interest, to the extent the Security Interest is capable of being perfected by filing. (hl) A certificate of the Borrower's secretary Secretary or assistant secretary Assistant Secretary certifying as to (i) the resolutions of the Borrower's directors and and, if required, shareholders, authorizing the execution, delivery and performance of the Loan Documents, (ii) the Borrower's articles of incorporation and bylaws, and (iii) the signatures of the Borrower's officers or agents authorized to execute and deliver the Loan Documents and other instruments, agreements and certificates, including Advance requests, on the Borrower's behalf. (im) A current certificate issued by the Secretary of State of WyomingMinnesota, certifying that the Borrower is in compliance with all applicable organizational requirements of the State of WyomingMinnesota. (jn) Evidence that the Borrower is duly licensed or qualified to transact business in all jurisdictions where the character of the property owned or leased or the nature of the business transacted by it makes such licensing or qualification necessary. (ko) A certificate of an officer of the Borrower confirming to the best of his knowledgeconfirming, in his personal capacity, the representations and warranties set forth in Article V. (lp) Support agreements in favor of the Lender, properly executed by the Key Management, each in their personal capacity. (q) An opinion of counsel to the Borrower, addressed to the Lender. (mr) Certificates of the insurance required hereunder, with all hazard insurance containing a lender's loss payable endorsement in the Lender's favor and with all liability insurance naming the Lender as an additional insured. (n) A separate guaranty, properly executed by each Guarantor, pursuant to which each Guarantor unconditionally guarantees the full and prompt payment of all Obligations to the extent of each such guaranty. (o) A waiver of interest, properly executed by the spouse of the Individual Guarantor, waiving any and all interest such spouse may have in the assets disclosed to the Lender in the financial statements of the Individual Guarantor and in any future earnings or assets acquired by the Individual Guarantor. (p) A certificate of the secretary or assistant secretary of Meteor Industries, Inc. certifying as to (i) the resolutions of the directors and, if required, shareholders, of that company authorizing the execution, delivery and performance of the guaranty executed and delivered to the Lender by it; (ii) the company's articles of incorporation and bylaws; and (iii) the signatures of the officer or agents authorized to execute and deliver such guaranty on behalf of such company. (q) An opinion of counsel to Meteor Industries, Inc., addressed to the Lender. (rs) Payment of the fees, costs fees and expenses commissions due through the date of the initial Advance under Section 2.3 2.6 and expenses incurred by the Lender through such date and required to be paid by the Borrower under Section 9.6, including all legal expenses incurred through the date of this Agreement. (s) A letter addressed to the Lender executed by the Organizational Guarantor and by Graves Oil & Butane Co., Xxx. ("Graves"), certifying txxx Xxaves owes the Organixxxxxxal Guarantor no more than $400,000. (t) A letter addressed to copy of the Lender Norwest Bank Credit Agreement and all other documents required therein, properly executed by Norwest Bank and the Organizational Guarantor and by Hillger Oil Company ("Xxxxxxx")Borrower, certifying xxxx Xxllger owes no amount xx xxxey together with evidence that all conditions precedent to making the Organizational Guarantorinitial Norwest Bank Revolving Advance shall be satisfied not later than simultaneously with the initial Advance. (u) Such other documents as the Lender in its sole discretion may require.

Appears in 1 contract

Samples: Credit and Security Agreement (Medical Graphics Corp /Mn/)

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