Conditions to the Initial Advances. Lender shall not be obligated to make any Advance or incur any Letter of Credit Obligations on the Closing Date, or to take, fulfill, or perform any other action hereunder, until the following conditions have been satisfied or provided for in a manner reasonably satisfactory to Lender, or waived in writing by Xxxxxx:
Conditions to the Initial Advances. No Lender shall be obligated to make any Advance or incur any Letter of Credit Obligations on the Closing Date, or to take, fulfill, or perform any other action hereunder, until the following conditions have been satisfied or provided for in a manner reasonably satisfactory to Agent, or waived in writing by Agent:
Conditions to the Initial Advances. Lender shall not be obligated to make any Advance on the Closing Date, or to take, fulfill, or perform any other action hereunder, until the following conditions have been satisfied or provided for in a manner reasonably satisfactory to Lender, or waived in writing by Lxxxxx in accordance with Section 11.5:
Conditions to the Initial Advances. 55 9.2. CONDITIONS TO EACH ADVANCE..................................... 59
Conditions to the Initial Advances. Lender shall not be obligated to make any Advance, or to perform any other action hereunder, until the following conditions have been satisfied in a manner satisfactory to Lender in its sole discretion, or waived in writing by Lender:
(a) Lender shall have received the following, each, unless otherwise specified below or the context otherwise requires, dated the Closing Date, in form and substance satisfactory to Lender and its counsel:
(i) this Agreement duly executed by Borrower;
(ii) acknowledgement copies of proper Financing Statements (Form UCC-l) (the "Financing Statements") duly filed under the Code in all jurisdictions as may be necessary or, in the opinion of Lender, desirable to perfect Lender's Lien on the Collateral;
(iii) certified copies of UCC Searches, or other evidence satisfactory to Lender, listing all effective financing statements which name Borrower (under present name, any previous name or any trade or doing business name) as debtor and covering all jurisdictions referred to in DISCLOSURE SCHEDULE (4.3), together with copies of such other financing statements;
(iv) evidence of the completion of all other recordings and filings (including UCC-3 termination statements and other Lien release documentation) as may be necessary or, in the opinion of and at the request of Lender, desirable to perfect Lender's Lien on the Collateral and ensure such Collateral is free and clear of other Liens other than Permitted Encumbrances;
Conditions to the Initial Advances. Purchaser shall not make any Advance, or perform any other action hereunder, until the following conditions have been satisfied in a manner satisfactory to Purchaser in its sole discretion, or waived in writing by Purchaser:
(a) Purchaser shall have received the following, each, unless otherwise specified below or the context otherwise requires, dated the Closing Date, in form and substance satisfactory to Purchaser and its counsel:
(i) this Amendment duly executed by Seller;
(ii) acknowledgement by Guarantor (as hereinafter defined) of its unconditional guaranty of any and all obligations of Seller incurred and/or to be incurred under this Amendment;
(iii) acknowledgment by Subordinated Creditors (as that term is defined in that certain Subordination Agreement dated on or around December 10, 2009, and executed in connection with the ARPA), that the Subordinated Debt is subordinated in right of payment to all obligations of Seller to Purchaser arising under this Amendment; and
(iv) copies of such financial statements and projections as Purchaser shall reasonably require;
Conditions to the Initial Advances. The agreement of Lenders to make the Initial Advances on the Closing Date is subject to the satisfaction, in the sole judgment of the Agent and Lenders, or waiver by Lenders, immediately prior to or concurrently with the making of the Initial Advances, of the following conditions precedent:
Conditions to the Initial Advances. The obligations of the Lenders to make the initial Advances are subject to satisfaction (or waiver) of the following conditions on or before the date of such Advances:
