Conditions Subsequent. The obligation of the Lender Group (or any member thereof) to continue to make Revolving Loans (or otherwise extend credit hereunder) is subject to the fulfillment, on or before the date applicable thereto, of the conditions subsequent set forth on Schedule 3.6 to this Agreement (the failure by Borrowers to so perform or cause to be performed such conditions subsequent as and when required by the terms thereof (unless such date is extended, in writing, by Agent, which Agent may do without obtaining the consent of the other members of the Lender Group), shall constitute an Event of Default).
Conditions Subsequent. (A) The Issuer shall have submitted to the Debenture Trustee, in a form and manner satisfactory to the Debenture Trustee, the following:
(i) resolution of the board or a committee thereof for allotment and issue of the letter of allotment on the Deemed Date of Allotment;
(ii) Certified true copy of evidence certified by its company secretary with respect to the tax dues / liabilities of the Issuer as shown on the online portal of the income tax department.
(B) The Issuer shall maintain a complete record of all private placement offers made by it in relation to the Debentures in form PAS–5 as provided in Companies (Prospectus and Allotment of Securities) Rules, 2014.
(C) The Issuer shall file a return of allotment of the Debentures with the Registrar of Companies within 4 (four) Business Days from the Issue Closing Date or such shorter timeline as prescribed under Law, in Form PAS-3 as provided in Companies (Prospectus and Allotment of Securities) Rules, 2014 along with a complete list of Debenture Holders and containing such details as required under Law.
(D) The Issuer shall complete the process of listing the Debentures in accordance with the provisions of Section 2.8 of this Deed and provide confirmation of listing of the Debentures to the Debenture Trustee and file the Information Memorandum with the Stock Exchange within timelines as prescribed under Law and shall have submitted all other documents and made all filings with the Stock Exchange as required by, and within the timelines as stipulated by, Stock Exchange or any other Applicable Law.
(E) The Issuer shall be in compliance with all Applicable Laws with respect to issuance of the Debentures including but not limited to the SEBI Regulations. The Issuer shall have made all filings of all the relevant forms with the concerned Registrar of Companies in accordance with, and within the timelines prescribed under, Applicable Laws or within time period if any stated in the Debenture Documents, whichever is shorter;
(F) The Issuer shall have validly created and perfected the Security, required to be created and perfected within the time period as stipulated in Section 4. The Issuer shall have provided evidence of creation and perfection of Security to the satisfaction of the Debenture Trustee, including the permissions required under Section 281 of the Income Tax Act, 1961, filings of Form CHG-9 and Form CHG-1 with the relevant Registrar of Companies, and any other documents required to create and/or pe...
Conditions Subsequent. The Borrower undertakes as soon as possible (but in any event within 10 days of the Effective Date) to deliver to the Facility Agent copies of the financing statements (Form UCC-1 or the equivalent) and the search results (Form UCC-11) prepared, filed and/or obtained by the Borrower’s counsel, Xxxxxxxx & Xxxxx LLP, to the extent required, in connection with the restatement of the Original Credit Agreement pursuant to this Agreement.
Conditions Subsequent. The obligation of the Lender Group (or any member thereof) to continue to make Advances (or otherwise extend credit hereunder) is subject to the fulfillment, on or before the date applicable thereto, of the conditions subsequent set forth on Schedule 3.6 (the failure by Borrower to so perform or cause to be performed such conditions subsequent as and when required by the terms thereof, shall constitute an Event of Default).
Conditions Subsequent. Any of the conditions referred to in Clause 4.3 (Conditions subsequent) is not satisfied within the time reasonably required by the Agent.
Conditions Subsequent. 1 Evidence of Borrower’s title Certificate of ownership and encumbrance (or equivalent) issued by the Registrar of Ships (or equivalent official) of the flag stated in Recital (A) confirming that (a) the Vessel is permanently registered under that flag in the ownership of the Borrower, (b) the Mortgage has been registered with first priority against the Vessel and (c) there are no further Encumbrances registered against the Vessel.
Conditions Subsequent. Any of the conditions referred to in Clause 3.5 is not satisfied within the time reasonably required by the Lender.
Conditions Subsequent. The obligation of Lender to continue to make Advances (or otherwise extend credit hereunder) is subject to the fulfillment, on or before the date applicable thereto, of the conditions subsequent set forth on Exhibit C (the failure by any Borrower or any other Loan Party to so perform or cause to be performed such conditions subsequent as and when required by the terms thereof, shall constitute an Event of Default).
Conditions Subsequent. Section 10(a) of the Forbearance Agreement is amended to replace the date “November 23, 2009” contained therein with the date “November 30, 2009.” 5th Amendment to Forbearance Agreement [Meridian] 011038.0113\543320.05
Conditions Subsequent. The obligation of the Lender Group (or any member thereof) to make any Advances hereunder at any time (or to extend any other credit hereunder) shall be subject to the fulfillment, to the satisfaction of Agent (or waiver thereby), of each of the post-closing covenants set forth below. Borrower shall, and shall cause its Subsidiaries to, satisfy each of the post-closing covenants set forth below within such covenant’s prescribed time period; provided that such covenants may be waived and/or time periods extended by Agent in its sole discretion. Borrower’s failure to satisfy any covenant within the prescribed time period shall constitute an Event of Default under the Agreement. Within 10 Business Days of the Closing Date, Borrower shall deliver to Agent all of the original certificates representing the shares of Stock pledged under the Security Agreement with respect to each of the Pledged Companies set forth on Schedule 6 attached thereto, together with a power endorsed in blank with respect to each such certificate; provided, that copies of such certificates shall be delivered to Agent on or before the Closing Date. Within 30 days of the Closing Date, Borrower shall deliver to Agent, those duly executed Control Agreements required by Section 6.11 of the Agreement and Section 6(c) the Security Agreement, in form and substance reasonably satisfactory to Agent and to establish its primary depository and treasury management relationships with Wxxxx Fargo and its Affiliates. Within 60 days of the Closing Date, Borrower shall use commercially reasonable efforts to deliver to Agent, a duly executed Collateral Access Agreement, in form and substance satisfactory to Agent, with respect to the premises located at 1420 Xxxxx Xxxxx Xxxxx, Xxxxxxxxx, XX 00000.
