Conditions to Initial Loans and Letters of Credit Sample Clauses

Conditions to Initial Loans and Letters of Credit. The obligation of each Lender to make its Loans, and the obligation of the Issuing Lender to issue any Letter of Credit, on the Closing Date are subject to the satisfaction, or waiver by such Lender, immediately prior to or concurrently with the making of such Loans or the issuance of such Letters of Credit, as the case may be, of the following conditions:
AutoNDA by SimpleDocs
Conditions to Initial Loans and Letters of Credit. The obligation of each Bank to make its initial Loan (whether such initial Loans are RC Loans or Bid Rate Loans) or the Issuing Bank to issue the initial Letter of Credit hereunder, whichever shall first occur, is subject to the determination of each Bank and the Issuing Bank, each in its sole and absolute discretion, that each of the following conditions has been fulfilled: (a) The Administrative Agent shall have received on the Agreement Date each of the following, in form and substance and, in the case of the materials referred to in clauses (i), (ii), (iii), (vi) and (vii), certified in a manner satisfactory to the Administrative Agent: (i) a certificate of the Secretary or an Assistant Secretary of the Borrower, dated the Agreement Date, substantially in the form of Schedule 2.01(a)(i), to which shall be attached copies of the resolutions and by-laws referred to in such certificate; (ii) a certificate of the Secretary or an Assistant Secretary of the Borrower dated the Agreement Date certifying the names and true signatures of the officers of the Borrower authorized to sign this Agreement and the other documents to be delivered hereunder; (iii) a copy of the certificate of incorporation of the Borrower and each Significant Subsidiary, certified, as of a recent date, by the Secretary of State or other appropriate official of the Borrower's or such Significant Subsidiary's jurisdiction of incorporation; (iv) a good standing certificate with respect to the Borrower and each Significant Subsidiary, issued as of a recent date by the Secretary of State or other appropriate official of the Borrower's or such Significant Subsidiary's jurisdiction of incorporation, together with a telegram, if available, from such Secretary of State or other official, updating the information in such certificate; (v) an opinion of counsel for the Borrower, dated the Agreement Date and addressed to the Administrative Agent and the Banks, with respect to such matters as the Administrative Agent may reasonably request; (vi) an opinion of counsel for the Administrative Agent, dated the Agreement Date and addressed to the Administrative Agent and the Banks, with respect to such matters as the Administrative Agent may reasonably request; (vii) a copy of, each Governmental Approval and other consent or approval, and each Governmental Registration, listed on Schedule 3.03; (viii) a certificate of the president, a vice president, the treasurer, an assistant treasurer or chief financial...
Conditions to Initial Loans and Letters of Credit. The obligation of each Lender to fund (or convert) its Proportionate Share of the Term Loans and the initial Revolving Loans, and the obligation of the Agent to cause the Issuing Bank to issue the initial Letters of Credit, is subject to the satisfaction or waiver of the following conditions precedent:
Conditions to Initial Loans and Letters of Credit. Waive any condition set forth in Section 7.1(a), or, in the case of the making or issuance of the initial Loan or Letter of Credit, Section 7.2 without the consent of all of the Lenders;
Conditions to Initial Loans and Letters of Credit. The obligations of Lenders to make the Loans to be made on the Closing Date and the issuance of any Letters of Credit to be issued on the Closing Date are, in addition to the conditions precedent specified in Section 4.2 (in the case of any such Loans) or 4.3 (in the case of any such Letters of Credit), subject to prior or concurrent satisfaction of the following conditions:
Conditions to Initial Loans and Letters of Credit. The obligation of each Lender to make its Loans on the Closing Date and the obligation of the Issuing Lenders to issue any Letter of Credit on the Closing Date are subject to the satisfaction, or waiver by the Lenders (or, in the case of the conditions specified in subsection 11.1(a), (c), (g), (l), (o), (v), (x) and (y) or any other conditions that may be waived by the Required Lenders as set forth below, waiver by the Required Lenders, or, in the case of the conditions specified in subsections 11.1(n), waiver by the Administrative Agent), immediately prior to or concurrently with the making of such Loans or the issuance of such Letter of Credit, as the case may be, of the following conditions precedent (which must be satisfied or waived on or prior to January 16, 2002):
Conditions to Initial Loans and Letters of Credit. The obligation of each Lender to make the Loans or of Wachovia to make any Swing Loan and/or of the Issuing Bank to issue Letters of Credit hereunder shall be subject to the satisfaction or waiver by the Agent in its reasonable discretion, on or before the Funding Deadline, of the following conditions precedent:
AutoNDA by SimpleDocs
Conditions to Initial Loans and Letters of Credit. The obligation of each Lender to make its Tranche B-1 Term Loans and the obligation of the Issuing Lender to issue any Letter of Credit on the Closing Date (which, in any event, shall be no later than July 30, 1999) are subject to the satisfaction, or waiver by such Lender, immediately prior to or concurrently with the making of such Tranche B-1 Term Loans or the issuance of such Letters of Credit, as the case may be, of the following conditions:
Conditions to Initial Loans and Letters of Credit. The agreement of each Lender, on an UNCOMMITTED AND ABSOLUTELY DISCRETIONARY BASIS, to consider making an initial Loan requested to be made by it and the agreement of each Issuing Bank to consider issuing initial Letters of Credit is subject to the satisfaction, immediately prior to or concurrently with the making of such Loan or Letters of Credit on the Amendment Effective Date, of the following conditions precedent:
Conditions to Initial Loans and Letters of Credit. The obligations of the Banks to make the initial Loans hereunder and the obligation of the applicable Letter of Credit Bank to issue the initial Letters of Credit hereunder are subject, at the time of the making of such initial Loans or issuance of such initial Letters of Credit to the satisfaction of the following conditions (in form and substance acceptable to the Agent):
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!