CONDITIONS TO FIRST LOANS. In addition to the conditions precedent set forth in Section 6, the obligation of each Lender to make its first Loan shall be subject to the fulfillment of the following conditions precedent:
CONDITIONS TO FIRST LOANS. 5.1. Evidence of Action 5.2. This Agreement 5.3. Note
CONDITIONS TO FIRST LOANS. 56 5.1. Evidence of Action ............................................................................ 56 5.2. Absence of Litigation ......................................................................... 57 5.3. Approvals and Consents ........................................................................ 57 5.4. Opinion of Counsel to the Parent Borrower ..................................................... 57 5.5.
CONDITIONS TO FIRST LOANS. 32 5.1. Evidence of Action.............................................. 32 5.2. This Agreement.................................................. 33 5.3. Notes........................................................... 33 5.4. Litigation...................................................... 33 5.5. Certain Documents............................................... 33 5.6. Approvals....................................................... 33 5.7. Opinion of Counsel to the Borrower and the Guarantor............ 34 5.8.
CONDITIONS TO FIRST LOANS. The obligation of each Lender to make any Loan on the first Borrowing Date is subject to the satisfaction on the Effective Date of the conditions set forth in Section 5.1, the satisfaction of the conditions precedent set forth in Section 6 and the satisfaction of the following conditions precedent as of the first Borrowing Date:
CONDITIONS TO FIRST LOANS. In addition to the conditions precedent set forth in Article 6, the obligation of the Bank to make Loans from and after the Effective Date shall be subject to the fulfillment of the following conditions precedent:
CONDITIONS TO FIRST LOANS. The obligations of the Lender to make the initial Loans shall be subject to the prior or contemporaneous satisfaction of the conditions set forth in Section 5.01 and the satisfaction (or waiver in accordance with Section 9.02) of the following additional conditions:
(a) The Lender shall have received counterparts of the Assumption Agreement signed on behalf of Xxxxxxxxx Group.
(b) The Lender shall have received such documents and certificates as the Lender or its counsel may reasonably request relating to the organization, existence and good standing of Xxxxxxxxx Group, the authorization by Xxxxxxxxx Group of the Transactions and any other legal matters relating to Xxxxxxxxx Group, the Loan Documents or the Transactions, all in form and substance reasonably satisfactory to the Lender and its counsel.
(c) The Lender shall have received such documents and certificates as the Lender or its counsel may reasonably request relating to the absence of changes to the documentation delivered by the Borrower pursuant to Section 5.01(d) and the continued effectiveness thereof, and attaching resolutions of its board of directors authorizing the Initial Transactions and the Initial Transaction Documents, all in form and substance reasonably satisfactory to the Lender and its counsel.
(d) The Lender shall have received counterparts of the Security Agreement signed on behalf of the Borrower, together with the following:
(i) all stock certificates representing shares of capital stock of all Domestic Subsidiaries owned by or on behalf of the Borrower as of the Effective Date after giving effect to the Transactions;
(ii) stock powers and instruments of transfer, endorsed in blank, with respect to such stock certificates, promissory notes and other instruments;
(iii) all instruments and other documents, including Uniform Commercial Code financing statements, required by law or reasonably requested by the Lender to be filed, registered or recorded to create or perfect the Liens intended to be created under the Security Agreement; and
(iv) a completed Perfection Certificate, dated the Effective Date and signed by the President, a Vice President or a Financial Officer and the chief legal officer of the Borrower, together with all attachments contemplated thereby, including the results of a search of the Uniform Commercial Code (or equivalent) filings made with respect to the Borrower in the jurisdictions contemplated by the Perfection Certificate and copies of the financing stat...
CONDITIONS TO FIRST LOANS. 42 5.1. Evidence of Action................................................................. 42 5.2. Notes.............................................................................. 43 5.3. Absence of Litigation.............................................................. 43 5.4.
CONDITIONS TO FIRST LOANS. 38 5.1 Evidence of Action..........................................................38 5.2 This Agreement..............................................................39 5.3 Notes.......................................................................39 5.4 Guaranty....................................................................39 5.5 Interest Rate Protection....................................................39 5.6 Litigation..................................................................40 5.7 Opinion of Counsel to the Borrower..........................................40 5.8 Fees........................................................................40 5.9 Fees and Expenses of Special Counsel........................................40 4 TABLE OF CONTENTS (continued) PAGE
CONDITIONS TO FIRST LOANS. The obligations of the Lender to make the initial Loans shall be subject to the prior or contemporaneous satisfaction of the conditions set forth in Section 5.01 and the satisfaction (or waiver in accordance with Section 9.02) of the following additional conditions:
