Common use of Conditions to Amendment and Restatement Clause in Contracts

Conditions to Amendment and Restatement. This amended and restated Agreement shall take effect from the first day that the Agent shall have received counterparts hereof signed by the Borrowers, the Agent and the Banks, and each of the conditions set forth in this Section 4.1 has been waived by the Agent and each Bank or met. (a) The Agent shall have received from each Borrower a certificate, dated the Refinancing Date, of its Secretary or Assistant Secretary as to (i) resolutions of its board of trustees then in full force and effect authorizing the execution, delivery and performance of this amended and restated Agreement, the Notes and each other Credit Document to be executed by it and the Borrower's Declaration of Trust as amended or amended and restated to the date hereof and By-Laws; (ii) the incumbency and signatures of those of its officers or agents authorized to act with respect to this amended and restated Agreement, the Notes and each other Credit Document executed by it; (iii) such Borrower's valid existence as evidenced by a certificate issued by the Secretary of State of the Commonwealth of Massachusetts and appended to the relevant certificate of its Secretary or Assistant Secretary; and (iv) the fact that the agreements delivered by such Borrower pursuant to Section 4.1(e) constitute all such agreements between the Borrower and the Adviser as of such date; upon which certificate the Agent and each Bank may conclusively rely as to the matters described in clauses (i) and (ii) until they shall have received a further certificate from such Borrower canceling or amending such prior certificate.

Conditions to Amendment and Restatement. This amended and restated Agreement shall take effect from the first day that the Agent shall have received counterparts hereof signed by the Borrowers, the Agent and the Banks, and each of the conditions set forth in this Section 4.1 has been waived by the Agent and each Bank or metmet (the "Refinancing Date"). (a) The Agent shall have received from each Borrower a certificate, dated the Refinancing Date, of its Secretary or Assistant Secretary as to (i) resolutions of its board of trustees then in full force and effect authorizing the execution, delivery and performance of this amended and restated Agreement, the Notes and each other Credit Document to be executed by it and the Borrower's Declaration of Trust as amended or amended and restated to the date hereof and By-Laws; (ii) the incumbency and signatures of those of its officers or agents authorized to act with respect to this amended and restated Agreement, the Notes and each other Credit Document executed by it; (iii) such Borrower's valid existence as evidenced by a certificate issued by the Secretary of State of the Commonwealth of Massachusetts and appended to the relevant certificate of its Secretary or Assistant Secretary; and (iv) the fact that the agreements delivered by such Borrower pursuant to Section 4.1(e) constitute all such agreements between the Borrower and the Adviser as of such date; upon which certificate the Agent and each Bank may conclusively rely as to the matters described in clauses (i) and (ii) until they shall have received a further certificate from such Borrower canceling or amending such prior certificate. (b) The Agent shall have received for the account of (i) BofA, BNP Paribas, Commerzbank Aktiengesellschaft, New York and Grand Cayman Branches, and Credit Lyonnais a Note from each Borrower duly executed and delivered by such Borrower and made payable to the order of such Bank in the principal amount of such Bank's Commitment and (ii)