Conditions to the Initial Advance. The making of the initial advance under the Loans is subject to the fulfillment on or before the Closing Date of the following conditions precedent in a manner satisfactory in form and substance to the Lender and its counsel:
Conditions to the Initial Advance. The agreement of Lender to make the Initial Advance requested to be made on the Closing Date is subject to the satisfaction, or waiver by Lender, immediately prior to or concurrently with the making of such Advance, of the following conditions precedent (in addition to, and cumulative with, any such conditions precedent set forth and described in the Commitment Letter relative hereto):
Conditions to the Initial Advance. The obligation to fund the initial Advance and perform the respective obligations of the Agents and the Lenders hereunder is subject to satisfaction of all of the conditions precedent set forth below in this Section, to the sole satisfaction of all of the Agents and Lenders.
Conditions to the Initial Advance. The obligations of each Applicable Lenders to make any initial Advance shall be subject to the satisfaction of the following conditions precedent on or prior to the date of such initial Advance (the "Closing Date"): ------------
Conditions to the Initial Advance. As conditions precedent to the Initial Advance hereunder, if and to the extent required by Administrative Agent, to Administrative Agent’s satisfaction, Borrower must have satisfied the conditions required under this Agreement, including all of those conditions set forth in Exhibit “C” and Section 4 below.
Conditions to the Initial Advance. Terms and Conditions of Transaction..................... 123 8.02. Due Diligence........................................... 123 8.03. Validity of Liens....................................... 123 8.04. Search Reports and Related Documents.................... 123 8.05. Certificates of Insurance............................... 124 8.06. Solvency Certificate.................................... 124 8.07. Opinions of Counsel to the Borrower..................... 124 8.08. Opinion of Counsel to the Parent........................ 125 8.09.
Conditions to the Initial Advance. The obligation of the Lenders to make the initial Advance under the Revolving Credit Facility and the Term Facility, and of the Issuing Banks to issue Letters of Credit (if any) on the Closing Date, is subject to the conditions precedent that the Administrative Agent shall have received on the Closing Date, in form and substance satisfactory to the Administrative Agent, the following:
(a) executed copies of each of this Agreement, the initial Facility Guaranties and the other Loan Documents, together with all schedules and exhibits thereto;
(b) the favorable written opinion or opinions with respect to the Loan Documents and the transactions contemplated thereby of (A) in-house counsel to the Borrower and (B) Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP, special counsel to the Borrower and Guarantors, in each case dated the Closing Date, addressed to the Administrative Agent and the Lenders and reasonably satisfactory to the Administrative Agent;
(c) resolutions of the boards of directors or other appropriate governing body (or of the appropriate committee thereof) of the Borrower and each Guarantor certified by its secretary or assistant secretary as of the Closing Date, approving and adopting the Loan Documents to be executed by such Person, and authorizing the execution and delivery thereof;
(d) specimen signatures of officers or other appropriate representatives executing the Loan Documents on behalf of the Borrower and each Guarantor, certified by the secretary or assistant secretary of such Borrower or Guarantor;
(e) any changes to the Organizational Documents of the Borrower and each Guarantor since April 14, 2010, certified as true and correct by its secretary or assistant secretary;
(f) any changes to the Operating Documents of the Borrower and each Guarantor since April 14, 2010, certified as of the Closing Date as true and correct by its secretary or assistant secretary;
(g) certificates issued as of a recent date by the Secretaries of State (or other appropriate office) of the respective jurisdictions of formation of the Borrower and each Guarantor (other than Certificates of Account Status for each of the Guarantors listed on Schedule 7.19 from the Texas Comptroller of Public Accounts) as to the due existence and good standing of such Person;
(h) notice of appointment of the initial Authorized Representative(s);
(i) an initial Borrowing Notice, if any, and, if elected by the Borrower, Interest Rate Selection Notice;
(j) evidence that all fees, that...
Conditions to the Initial Advance. The making of the initial Advance under the Loan and other Revolver Usage are subject to the fulfillment of the following conditions precedent in a manner satisfactory in form and substance to the Agent and its counsel:
Conditions to the Initial Advance. Notwithstanding any other provision of this Agreement and without affecting in any manner the rights of Lender hereunder, Borrowers shall have no rights under this Agreement (but shall have all applicable obligations hereunder), and Lender shall not be obligated to make any Advance or to incur any Letter of Credit Obligation, or to take, fulfill, or perform any other action hereunder, until the following conditions have been satisfied, in Lender's sole discretion, or waived in writing by Lender:
Conditions to the Initial Advance. The agreement of Agent to make the Initial Advance requested to be made on the Original Closing Date is subject to the satisfaction, or waiver by Agent, immediately prior to or concurrently with the making of such Advance, of the following conditions precedent (in addition to, and cumulative with, any such conditions precedent set forth and described in the Commitment Letter relative hereto):
