Corporate Proceedings of the Borrower. The Lenders shall have received a copy of the resolutions, in form and substance satisfactory to the Lenders, of the Board of Directors of the Borrower authorizing (i) the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party, (ii) the Loans contemplated hereunder and (iii) the granting by it of the Liens created pursuant to the Borrower Security Documents, certified by the Secretary or an Assistant Secretary of the Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Lenders and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded.
Appears in 4 contracts
Samples: Term Loan Agreement (Sandler Capital Management), Acquisition Loan Agreement (Infocrossing Inc), Term Loan Agreement (Infocrossing Inc)
Corporate Proceedings of the Borrower. The Lenders shall have received a copy of the resolutions, in form and substance satisfactory to the Lenders, of the Board of Directors of the Borrower authorizing (i) the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party, (ii) the Loans contemplated hereunder and (iii) the granting by it of the Liens created pursuant to the Borrower Security Documents, certified by the Secretary or an Assistant Secretary of the Borrower as of the Closing Restatement Effective Date, which certificate shall be in form and substance satisfactory to the Lenders and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded.
Appears in 1 contract
Corporate Proceedings of the Borrower. The Lenders Lender shall have received a copy of the resolutions, resolutions in form and substance reasonably satisfactory to the LendersLender, of the Board of Directors directors of the Borrower authorizing (i) the execution, delivery and performance of this Agreement Agreement, and the other Loan Other Documents to which it is a partysigned by it, any related agreements, and (ii) the Loans contemplated hereunder and (iii) the granting by it the Borrower of the security interests in and Liens created pursuant to upon the Borrower Security DocumentsCollateral, the GABD, the GSA and the Mortgage in each case certified by the Secretary or an Assistant Secretary of the Borrower as of the Closing Date; and, which such certificate shall be in form and substance satisfactory to the Lenders and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded.rescinded as of the date of such certificate;
Appears in 1 contract
Corporate Proceedings of the Borrower. The Lenders Lender shall have received a copy of the resolutions, in form and substance satisfactory to the LendersLender, of the Board of Directors of the Borrower authorizing (i) the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a partyDocuments, (ii) the Loans borrowings contemplated hereunder and (iii) the granting by it of the Liens created pursuant to the Borrower Security Documents, certified by the Secretary or an Assistant Secretary of the Borrower as of the Closing Date, which certificate shall be in form and substance satisfactory to the Lenders Lender and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded.
Appears in 1 contract
Samples: Credit Agreement (Styleclick Inc)
Corporate Proceedings of the Borrower. The Lenders Lender shall have received receives a copy of the resolutions, resolutions in form and substance reasonably satisfactory to the LendersLender, of the Board of Directors of the Borrower authorizing (i) the execution, delivery and performance of this Agreement Agreement, the Revolving Credit Note and each of the other Loan Documents to which it is a party, agreements or documents executed and delivered in connection therewith (collectively the "DOCUMENTS") and (ii) the Loans contemplated hereunder and (iii) the granting by it Borrower of the Liens created pursuant to security interests in and liens upon the Borrower Security Documents, Collateral in each case certified by the Secretary or an Assistant Secretary of the Borrower as of the Closing Date; and, which such certificate shall be in form and substance satisfactory to the Lenders and shall state that the resolutions thereby certified have not been amended, modified, revoked or rescinded.rescinded as of the date of such certificate;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Advanced Lighting Technologies Inc)