Conditions to the Disbursement. The obligation of the Lenders to make the Disbursement shall be subject to the fulfillment of the following conditions: (a) The Lenders shall have received executed counterparts of the Transaction Documents from the Borrower, a certificate as to its Organizational Documents, resolutions and incumbency and an opinion of its counsel reasonably acceptable to the Lenders; (b) All actions required to be taken by the Borrower pursuant to Section 2.9 shall have been taken; and (c) No Default or Event of Default has occurred or would result from the Disbursement.
Appears in 1 contract
Samples: Facility Agreement (Tengion Inc)
Conditions to the Disbursement. The obligation of the Lenders to make the Disbursement shall be subject to the fulfillment of the following conditions:
(a) The Lenders shall have received the payment contemplated by Section 2.9 and executed counterparts of the Guaranties, the Royalty Agreement and the Security Agreements in form generally accepted in the commercial community for transaction comparable to those contemplated by the Transaction Documents from dated, except for this Agreement, the Disbursement Date, and as to the Borrower, a certificate as to its Organizational Documents, and resolutions and incumbency and an opinion of its counsel reasonably acceptable to the Lenders;
(b) All actions required to be taken by the Borrower pursuant to Section 2.9 shall have been takenincumbency; and
(cb) No Default or Event of Default has occurred or would result from the Disbursement.
Appears in 1 contract
Conditions to the Disbursement. The obligation of the Lenders to make the Disbursement shall be subject to the fulfillment of the following conditions:
(a) The Lenders shall have received executed counterparts of the Transaction Documents from the Borrower, a certificate as to its Organizational Documents, resolutions and resolutions, incumbency and an opinion of its counsel reasonably acceptable to the Lenders;
(b) All actions required to be taken by the Borrower pursuant to Section 2.9 2.10 shall have been taken;
(c) The Borrower shall have executed and delivered to the Lenders the Registration Right Agreement; and
(cd) No Default or Event of Default has occurred or would result from the Disbursement.
Appears in 1 contract
Samples: Facility Agreement (Pacific Biosciences of California Inc)
Conditions to the Disbursement. The obligation of the Lenders to make the Disbursement shall be subject to the fulfillment of the following conditions:
(a) The Lenders shall have received executed counterparts of the Transaction Documents from the Borrower, a certificate as to its Organizational Documents, resolutions and incumbency and an opinion of its counsel reasonably acceptable to the Lenders;
(b) All actions required to be taken by the Borrower pursuant to Section 2.9 shall have been taken; and
(c) No Default or Event of Default has occurred or would result from the Disbursement.
Appears in 1 contract
Samples: Facility Agreement (Tengion Inc)
Conditions to the Disbursement. The obligation of the Lenders to make the Disbursement shall be subject to the fulfillment of the following conditions:
(a) The Lenders shall have received executed counterparts of the Transaction Financing Documents from the Borrower, a certificate as to its Organizational Documents, resolutions and incumbency and an opinion of its counsel reasonably acceptable to the Lenders;
(b) All The fee payable pursuant to Section 2.9 shall have been paid by the Borrower and all actions required to be taken by the Borrower pursuant to Section 2.9 2.10 shall have been taken; and
(c) No Default or Event of Default has occurred or would result from the Disbursement.
Appears in 1 contract
Samples: Facility Agreement (Icad Inc)