Documentation Required Prior to First Advance Only. To the extent that Intuit is not already in possession of current versions of the following as of the date of this Agreement (and Intuit shall be the arbiter of whether it is in possession of any such item or not), Borrower shall deliver each of the following to Intuit prior to the making of the first Advance:
4.01.01 A duly executed copy of this Agreement, the Security Agreement, the Note, the Guaranty Agreement, the Affiliate Security Agreement and the Pledge Agreement.
4.01.02 Duly executed copies of all financing statements and other documents deemed necessary or appropriate by Intuit and the Collateral Custodian, in their reasonable discretion, to obtain for Intuit a perfected, first priority security interest in and lien upon the Collateral.
4.01.03 Credit applications, financial statements, or other information concerning the condition (financial and otherwise) of Borrower as Intuit may reasonably request.
4.01.04 Certified copies of a resolution of the Board of Directors of Borrower approving (i) the execution and delivery of the Loan Documents, (ii) the performance of the obligations thereunder, and (iii) the consummation of the transactions contemplated thereby.
4.01.05 A duly completed Borrowing Base Certificate dated as of the date of the first Advance hereunder.
(i) A true, complete and correct copy of Borrower’s Articles of Incorporation and all amendments thereto; (ii) a true, complete and correct copy of Borrower’s Bylaws and all amendments thereto; (iii) a Certification by Borrower’s authorized representative as to the incumbency (and specimen signatures) of each party executing this Agreement and any other documents to be executed in the performance of this Agreement; (iv) a certificate issued by the Secretary of the State of Borrower’s state of organization as to the good standing and continued existence of Borrower, (v) certificates of the appropriate officials of each state in which Borrower conducts business as to the qualification of the Borrower to transact business and its good standing as a foreign corporation in said jurisdiction, and (vi) certificates, licenses, permits or other occupational registration documents evidencing Borrower’s ability to conduct business in the various states as a mortgage lender, mortgage banker, or similar.
4.01.07 Evidence of Borrower’s FNMA, FHLMC, FHA and VA seller approval.
Documentation Required Prior to First Advance Only. Delivery by -------------------------------------------------- Borrower of each of the following to BANK shall be conditions precedent to the making of the first advance of the Loan:
Documentation Required Prior to First Advance Only. Delivery by Borrower of each of the following to Lender shall be conditions precedent to the making of the first advance of the Loan:
3.01.01 The executed Note of Borrower;
3.01.02 A certified copy of a resolution of Borrower's Board of Directors authorizing the borrowing herein provided for, the execution and delivery of this Agreement and the Note, and the endorsing and assigning to Lender of the Collateral as herein provided;
3.01.03 Certificates, as of the most recent dates practicable, of the Secretary of State of Delaware, the Secretary of State of each state in which Borrower is qualified as a foreign corporation, and the department of revenue or taxation of each of the foregoing states, or other evidence satisfactory to Lender, as to the good standing of Borrower.
3.01.04 A written opinion of counsel to Borrower, dated the date of this Agreement and addressed to Lender, in form and substance satisfactory to Lender.
3.01.05 A certificate, dated the date of this Agreement, signed by the president or vice president of Borrower to the effect that:
(1) The representations and warranties set forth in Section 4 of this Agreement are true, complete and correct as of the date hereof;
(2) No Event of Default hereunder, and no event which, with the giving of notice or the passage of time, or both, could become such an Event of Default, has occurred as of the date hereof; and
(3) All conditions set forth in this Section 3.01 have been fulfilled.
Documentation Required Prior to First Advance Only. Delivery by Borrower of each of the following to Agent shall be conditions precedent to the making of the first Advance:
4.01.01 A duly executed copy of this Agreement, the Security Agreement and the Notes.
4.01.02 Duly executed copies of all financing statements and other documents, instruments and agreements, properly executed, deemed necessary or appropriate by the Agent, in its reasonable discretion, to obtain for the Agent on behalf of the Lenders a perfected, first priority security interest in and lien upon the Collateral.
4.01.03 Such credit applications, financial statements, authorizations and such information concerning the (financial and otherwise) condition of Borrower as any Lender may reasonably request.
4.01.04 Certified copies of a resolution of the Board of Directors of Borrower approving the execution and delivery of the Loan Documents to which such person is a party, the performance of the obligations thereunder and the consummation of the transactions contemplated thereby.
4.01.05 A duly completed Borrowing Base Certificate dated as of the date of the first Advance hereunder.
