CONDITIONS TO CLOSING AND FUNDING Sample Clauses

CONDITIONS TO CLOSING AND FUNDING. The obligations of the Lenders to make Loans and of the Issuing Banks to issue Letters of Credit hereunder are subject to the satisfaction of the following conditions:
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CONDITIONS TO CLOSING AND FUNDING. The Note, dated the Closing Date.
CONDITIONS TO CLOSING AND FUNDING. Each Purchaser’s obligation to purchase and pay for the Series A Notes to be sold to such Purchaser on the Funding Date is subject to the fulfillment to such Purchaser’s satisfaction, prior to or at the Funding Date, of the following conditions applicable to the Funding Date:
CONDITIONS TO CLOSING AND FUNDING. The Loan shall be funded in one lump sum Advance at closing on or about the date of this Agreement. As conditions precedent to closing as well as to such Advance: (a) there shall then exist no default nor shall there have occurred any event which with the giving of notice or the lapse of time, or both, could become a default; (b) the representations and warranties made in the Loan Documents shall be true and correct on and as of the date of the Advance, with the same effect as if made on that date; and (c) Borrower must satisfy the conditions required hereby and execute and deliver to, procure for and deposit with, and pay to Lender and, if appropriate, record in the proper records with all filing and recording fees paid, the documents, certificates, agreements and other items listed in Exhibit “A” that are noted by “(X)”, together with such other documents, certificates, agreements and other items as Lender may reasonably require.
CONDITIONS TO CLOSING AND FUNDING. The obligation of each Lender to make its Loan hereunder on the Restatement Effective Date is subject to satisfaction or waiver of the following conditions precedent: (a) The Administrative Agent’s receipt of the following, each properly executed by a Responsible Officer of the signing Loan Party, each dated the Restatement Effective Date (or, in the case of certificates of governmental officials, a recent date before the Restatement Effective Date) and each in form and substance reasonably satisfactory to the Administrative Agent and each of the Lenders: (i) executed counterparts of (a) this Agreement, (b) a reaffirmation agreement relating to the Guaranty (the “Guaranty Reaffirmation”), (c) a reaffirmation agreement relating to the Security and Pledge Agreement and the other Collateral Documents (the “Security Reaffirmation”) and (d) a reaffirmation agreement relating to the Intercreditor Agreement (the “Intercreditor Reaffirmation”) properly executed by the Responsible Officer of each Loan Party and by the ABL Agent and in substantially the form of Exhibit I; (ii) a Note executed by the Borrower in favor of each Lender requesting a Note; (iii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of the Borrower and each Guarantor as the Administrative Agent may require evidencing the identity, authority and capacity of each Responsible Officer thereof authorized to act as a Responsible Officer in connection with this Agreement and the other Loan Documents to which the Borrower or Guarantor is a party or is to be a party; (iv) such documents and certifications as the Administrative Agent may reasonably require to evidence that the Borrower and each Guarantor is duly organized or formed, and that the Borrower and each Guarantor is validly existing, in good standing and qualified to engage in business in its jurisdiction of organization; (v) a customary opinion of Xxxxx Day, as counsel to the Loan Parties, addressed to the Administrative Agent and each Lender, dated as of the Restatement Effective Date; (vi) a solvency certificate substantially in the form of Exhibit H signed by a financial officer of Holdings and the Borrower; (vii) [reserved]; (viii) a certificate signed by a Responsible Officer of the Borrower certifying that the conditions specified in Section 4.01(c), 4.01(d) and 4.01(e) have been satisfied; (A) audited consolidated balance sheets and related consolidated statement...
CONDITIONS TO CLOSING AND FUNDING. Your obligation to purchase and pay for the Note to be sold to you on the Funding Date is subject to (i) the fulfillment to your satisfaction, prior to or at the Closing, of the condi- tions set forth in Sections 4.1 through 4.7 and (ii) to the ful- fillment to your satisfaction prior to or on the Funding Date, of the following conditions set forth in Sections 4.8 through 4.11.
CONDITIONS TO CLOSING AND FUNDING. The agreement of the Lender to make the Loan requested to be made by it hereunder is subject to the satisfaction, prior to or concurrently with the making of the Loan on the Closing Date, of the following conditions precedent:
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CONDITIONS TO CLOSING AND FUNDING. 117 SECTION 4.01 Conditions to All Credit Events ...................................................................... 118 SECTION 4.02 Conditions to Closing ..................................................................................... 118 ARTICLE V
CONDITIONS TO CLOSING AND FUNDING. 12 5.1. Conditions Precedent to Obligations of Purchaser at any Closing...............................12 TABLE OF CONTENTS (Continued) PAGE 5.2. Additional Conditions Precedent to the Obligations of the Purchaser at Option Closings........13 5.3. Conditions Precedent to Obligations of the Company at any Closing.............................15 5.4. Conditions Precedent to Obligations of the Purchaser at the Initial Closing Funding...........15
CONDITIONS TO CLOSING AND FUNDING. The Loan shall be funded in one or more Advances during the Advance Period. As conditions precedent to closing as well as to each Advance: (a) there shall then exist no default nor shall there have occurred any event which with the giving of notice or the lapse of time, or both, could become a default; (b) the representations and warranties made in the Loan Documents shall be true and correct on and as of the date of each Advance, with the same effect as if made on that date; (c) Borrower must have satisfied the conditions required hereby and execute and deliver to, or procure for, Lender, the documents, certificates, agreements and other items listed in Exhibit “A” that are noted by “(X)”, together with such other documents, certificates, agreements and other items as Lender may reasonably require; and (d) Lender shall have received a written request for the applicable Advance in writing in form and substance satisfactory to Lender in all respects.
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