Conditions to Restatement Date. The agreement of each Lender to make the initial extension of credit requested to be made by it on the Restatement Date is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Restatement Date, of the following conditions precedent:
Conditions to Restatement Date. This Agreement shall become effective upon, and the obligation of each Lender to make the initial Revolving Loans on the Restatement Date is subject to, the satisfaction of the following conditions precedent:
Conditions to Restatement Date. This Agreement and the obligations of the Lenders (including the Swingline Lender) to make Loans and the obligation of the Issuing Bank to issue any Letter of Credit hereunder shall be effective upon satisfaction or waiver of the following conditions precedent in each case in form and substance reasonably satisfactory to the Administrative Agent and each Lender:
Conditions to Restatement Date. The agreement of each Lender to make the Loans requested to be made by it on the Restatement Date and participate in any Letters of Credit issued on the Restatement Date and the agreement of the Agent to issue any Letters of Credit requested to be issued on the Restatement Date are subject to the satisfaction, immediately prior to or concurrently with the making of such Loans and/or the issuance of and participation in such Letters of Credit on the Restatement Date, of the following conditions precedent:
Conditions to Restatement Date. The Restatement Date shall occur on the date of satisfaction of the following conditions precedent:
Conditions to Restatement Date. [Intentionally Omitted].
Conditions to Restatement Date. This Agreement became effective on the Restatement Date upon satisfaction or waiver of the conditions set forth in Section 4 of the Second Amendment.
Conditions to Restatement Date. The obligation of each Lender to make the initial Loans, to issue any initial Letters of Credit and the occurrence of the Restatement Date hereunder is subject to satisfaction of the following conditions precedent:
(a) Administrative Agent’s receipt of the following, each of which shall be originals or facsimiles (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party (where applicable), each dated the Restatement Date (or, in the case of certificates of governmental officials, a recent date before the Restatement Date) and each in form and substance reasonably satisfactory to Administrative Agent and its legal counsel:
(i) counterparts executed by the Loan Parties of each Loan Document, including, without limitation, this Agreement, each Guaranty, Pledge Agreement and with respect to each Collateral Property the Environmental Indemnity and the Collateral Documents, in each case, sufficient in number for distribution to Administrative Agent, each Lender, and Borrowers; provided that with respect to the Santa Xxxxxx Owner and the Xxxxx House Owner, Collateral Documents shall include amendments and reaffirmations of existing Collateral Documents;
(ii) Notes executed by Borrowers in favor of each Lender requesting a Note;
(iii) fully executed Operating Lease Subordination Agreements;
(iv) such certificates of resolutions or other action, incumbency certificates, and/or other certificates of Responsible Officers of each Loan Party as 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;
(v) copies of the Organizational Documents of each Loan Party (or certification that copies of such are on file with Administrative Agent remain true and correct), together with such other documents and certifications as Administrative Agent may reasonably require to evidence that each Loan Party is duly organized or formed, and that each Loan Party 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 be so qualified could not reasonably be expected to have a Material Adverse Effect;
(vi) a favorable opinio...
Conditions to Restatement Date. The effectiveness of this Agreement, including the obligations of Lenders to purchase and assume the Commitments and Loans under the Original Credit Agreement on the Restatement Date are, in addition to the conditions precedent specified in subsection 3.2, subject to prior or concurrent satisfaction of the following conditions:
Conditions to Restatement Date. The effectiveness of the amendments and modifications provided in this Amended and Restated Credit Agreement are subject to satisfaction of the following conditions, in addition to satisfaction of the conditions set forth in Section 5.03:
(a) Receipt by the Administrative Agent of the following financial information.
(i) Annual audited consolidated financial statements for the Borrower and its Subsidiaries for fiscal year 1996 (ending June 29, 1996), including a consolidated balance sheet, and related consolidated statements of operations, changes in stockholders' equity and cash flows, setting forth in each case such information in comparative form for the previous fiscal year and accompanied by an opinion of independent certified public accountants of recognized national standing as provided in Section 6.01(b) for annual audited financial statements; and
(ii) Company-prepared quarterly consolidated financial statements for the Borrower and its Subsidiaries for the second fiscal quarter of 1997 (ending December 28, 1996), including a consolidated balance sheet, and related consolidated statements of operations, changes in stockholders' equity and cash flows, setting forth in each case such information in comparative form for such periods during the previous fiscal year as provided in Section 6.01(a) for company- prepared quarterly financial statements.
(b) Receipt by the Administrative Agent of multiple counterparts of this Agreement and the Guaranty Agreement executed by each of the parties.
(c) Receipt by the Administrative Agent of certified copies of articles of incorporation, bylaws, resolutions and the like for the Borrower and each of the Guarantors.
