Conditions to Disbursement of the Loan. The obligation of the Lenders to make the initial Disbursement shall be subject to the fulfillment of the following conditions: (a) The Lenders shall have received evidence reasonably satisfactory to it of the Borrower’s authority to execute, deliver and perform each of the Financing Documents and to engage in the transactions contemplated thereby and an opinion of Borrower’s counsel satisfactory to the Lenders. (b) Unless otherwise notified by the Borrower and without prejudice to the generality of this Section 4.1, the right of the Lenders to require compliance with any condition under this Agreement which may be waived by the Lenders in respect of any Disbursement is expressly preserved for the purpose of any subsequent Disbursement.
Appears in 2 contracts
Samples: Facility Agreement (Zymogenetics Inc), Facility Agreement (Array Biopharma Inc)
Conditions to Disbursement of the Loan. (a) The obligation of the Lenders to make the initial Disbursement shall be subject to the fulfillment of the following conditions:
(a) . The Lenders shall have received evidence reasonably satisfactory to it a copy of customary closing documents evidencing the authorization of the Borrower’s authority Borrower to execute, deliver and perform each of the Financing Documents and to engage in the transactions contemplated thereby and an opinion of Borrower’s counsel reasonably satisfactory to the Lenders.
(b) Unless otherwise notified by the Borrower and without prejudice to the generality of this Section 4.1, the right of the Lenders to require compliance with any condition under this Agreement which may be waived by the Lenders in respect of any Disbursement is expressly preserved for the purpose of any subsequent Disbursement.
Appears in 2 contracts
Samples: Facility Agreement (Exelixis Inc), Facility Agreement (Exelixis Inc)