Conditions to Effectiveness of the Agreement. This Agreement shall become effective upon the satisfaction of the following conditions precedent:
(a) Receipt by the Administrative Agent of the following, each in form and substance reasonably satisfactory to the Administrative Agent and each Lender:
Conditions to Effectiveness of the Agreement. The effectiveness of the Agreement is subject to satisfaction of the following conditions precedent:
(a) The Administrative Agent’s receipt of the following, each of which shall be originals or telecopies (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party, each dated the Closing Date (or, in the case of certificates of governmental officials, a recent date before the Closing Date) and each in form and substance satisfactory to the Administrative Agent and each of the Lenders:
(i) executed counterparts of this Agreement, the Guaranty and the Pledge Agreement, sufficient in number for distribution to the Administrative Agent, each Lender and the Company;
(ii) Notes executed by the Borrowers in favor of each Lender requesting Notes;
(iii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of each Loan Party 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 such Loan Party is a party;
(iv) such documents and certifications as the Administrative Agent may reasonably require to evidence that each Loan Party is duly organized or formed and in good standing in the jurisdiction of its organization or formation, and that the Company is validly existing, in good standing and qualified to engage in business in each jurisdiction where its ownership, lease or operation of properties or the conduct of its business requires such qualification, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect;
(v) a favorable opinion of Xxxxxx & Xxxxxxx LLP, counsel to the Loan Parties, addressed to the Administrative Agent and each Lender, as to the matters set forth in Exhibit J and such other matters concerning the Loan Parties and the Loan Documents as the Required Lenders may reasonably request;
(vi) a certificate of a Responsible Officer of each Loan Party either (A) attaching copies of all consents, licenses and approvals required in connection with the execution, delivery and performance by such Loan Party and the validity against such Loan Party of the Loan Documents to which it is a party, and such consents, licenses and approvals shall be in full force and effect, or (B) stating ...
Conditions to Effectiveness of the Agreement. This Agreement shall not become effective unless, upon execution of this Agreement or otherwise prior to the funding of the initial Advance hereunder:
Conditions to Effectiveness of the Agreement. The conditions to the effectiveness of this Agreement are, in addition to the conditions precedent specified in subsection 4.3:
Conditions to Effectiveness of the Agreement. The obligations of each Party under this Agreement shall be subject to the conditions precedent that the Buyer Guaranty and the Seller Guaranty shall have been fully executed and delivered to the beneficiary of such guaranty.
Conditions to Effectiveness of the Agreement. The effectiveness of this Agreement as to each Bank is conditioned upon the following:
Conditions to Effectiveness of the Agreement. Prior to the effectiveness of this Agreement, each of the conditions precedent set forth on annexed Exhibit 3.5 shall have been satisfied.
Conditions to Effectiveness of the Agreement. The effectiveness of this Agreement is conditioned upon satisfaction of the following requirements (the “Conditions Precedent”):
Conditions to Effectiveness of the Agreement. (a) Articles, Bylaws
(b) Evidence of Authorization
(c) Legal Opinions
(d) Incumbency
(e) Notes
(f) Documents
(g) Consents
(h) Other Agreements
(i) Security Interest
(j) Appraisals
(k) Financial Statements
(l) Litigation
(m) [Reserved]
(n) Fees
(o) Fees, Expenses
(p) Lien Searches
(q) Other Documents and Information
(r) Existing Facility (s) Final Date for Effectiveness
Conditions to Effectiveness of the Agreement. Notwithstanding the execution and delivery of this Agreement by the parties, as a condition to the effectiveness of this Agreement for the benefit of City, the Chief Executive Officer shall have approved both the Initial Annual Budget (as defined in Section 3.1 below) and the Initial Business and Operations Plan (as defined in Section 2.4 below) prior to the Commencement Date. In the event that the Chief Executive Officer does not approve either the Initial Annual Budget or the Initial Business and Operations Plan prior to the Commencement Date, this Agreement shall terminate and be of no further force and effect, and the parties shall have no legal obligation to each other under this Agreement.
