Common use of Conditions to Effectiveness of this Agreement Clause in Contracts

Conditions to Effectiveness of this Agreement. This Amendment No. 3 to Third Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Substituted A Note and Third Substituted B Note and with respect to the Swing Line Lender, the Third Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 3, no Default or Event of Default shall exist, shall be true. (d) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (e) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 3, the Substituted Notes and the transactions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 2 to Third Fourth Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 2 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third First Substituted A Note and Third First Substituted B Note and with respect to the Swing Line Lender, the Third First Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 32, no Default or Event of Default shall exist, shall be true. (d) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (e) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 32, the First Substituted Notes and the transactions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 1 to Third Fourth Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 1 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Substituted A Note and Third Substituted B Note and with respect to the Swing Line Lender, the Third Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 31, no Default or Event of Default shall exist, shall be true. (dc) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (ed) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 3, the Substituted Notes 1 and the transactions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (fe) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 4 to Third Fourth Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 4 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Substituted A Note and Third Second Substituted B Note and with respect to the Swing Line Lender, the Third Second Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 34, no Default or Event of Default shall exist, shall be true. (d) Xxxx Sxxx & XxxxxxxGxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (e) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 34, the Second Substituted Notes and the transactions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 4 to Third Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 4 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Substituted A Note and Third Fourth Substituted B Note and with respect to the Swing Line Lender, the Third Fourth Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 34, no Default or Event of Default shall exist, shall be true. (d) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (e) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 34, the Fourth Substituted Notes and the transactions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 Effectiveness of this Agreement as a restatement and amendment to Third Amended the Original Credit Agreement, and Restated Loan Agreement the making of any Advance by the Bank hereunder shall become effective on the date of the fulfillment (be subject to the satisfaction of the Agent) of conditions precedent that the following conditions precedent: (a) This Amendment No. 3 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Substituted A Note and Third Substituted B Note and with respect to the Swing Line Lender, the Third Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from all of the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 3, no Default or Event of Default shall exist, shall be true. (d) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agentfollowing, in form and substance satisfactory to the Agent Bank, each duly executed and its counselthe following shall have occurred: (a) The Notes (provided, that the Xxxxxx Xxx Advance Note shall be delivered only as a condition to the making of the Xxxxxx Mae Advances, and not the other Advances hereunder). (b) The Amended and Restated Servicing Pledge Agreement and an acknowledgement or acknowledgements, as requested by the Bank, of pledge of servicing rights thereunder by Xxxxxx Xxx (as a condition to the making of the Xxxxxx Mae Advances, and not the other Advances hereunder). (c) The Mortgage Pledge Agreement and the Investment Pledge Agreement. (d) A copy of the approval resolution of the Borrower, certified by the Secretary or an Assistant Secretary of the Borrower, together with a certificate showing the names and titles, and bearing the signatures of, the officers of the Borrower authorized to execute the Loan Documents and to request Advances hereunder. (e) The Agent shall have received copies Copies of the following: (i) Copies Borrower’s Articles of Incorporation and By-Laws with all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 3, the Substituted Notes and the transactions contemplated herebyamendments thereto, certified by its secretary; (ii) A certificate from the secretary Secretary or an Assistant Secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be A good standing certificate of the Borrower. (g) An opinion of the Borrower’s counsel, in form and substance satisfactory to the Agent and its counselBank.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 2 to Third Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 2 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Second Substituted A Note and Third Second Substituted B Note and with respect to the Swing Line Lender, the Third Second Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 32, no Default or Event of Default shall exist, shall be true. (d) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (e) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 32, the Substituted Notes and the transactions trans actions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.

Conditions to Effectiveness of this Agreement. This Amendment No. 3 1 to Third Amended and Restated Loan Agreement shall become effective on the date of the fulfillment (to the satisfaction of the Agent) of the following conditions precedent: (a) This Amendment No. 3 1 shall have been executed and delivered to the Agent by a duly authorized representative of the Borrower, the Agent and each Bank. (b) The Borrower shall have executed and delivered to each Bank its Third Substituted A Note and Third Substituted B Note and with respect to the Swing Line Lender, the Third Substituted Swing Line Note. (c) The Agent shall have received a Compliance Certificate from the Borrower dated the date hereof and the matters certified therein, including, without limitation, that after giving effect to the terms and conditions of this Amendment No. 31, no Default or Event of Default shall exist, shall be true. (d) Xxxx & Xxxxxxx, counsel to the Borrower, shall have delivered its legal opinion to the Agent, in form and substance satisfactory to the Agent and its counsel. (e) The Agent shall have received copies of the following: (i) Copies of all corporate action taken by the Borrower to authorize the execution, delivery and performance of this Amendment No. 31, the Substituted Notes and the transactions trans- actions contemplated hereby, certified by its secretary; (ii) A certificate from the secretary of the Borrower to the effect that the By-laws of the Borrower delivered to the Agent pursuant to the Original Loan Agreement have not been amended since the date of such delivery and that such document is in full force and effect and is true and correct as of the date hereof; and (iii) An incumbency certificate (with specimen signatures) with respect to the Borrower. (f) All legal matters incident hereto shall be satisfactory to the Agent and its counsel.