EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, (iii) if required by Bank, Borrower and any guarantor(s) of the Loan have executed and delivered to Bank an arbitration resolution, and (iv) each guarantor of the Loan has executed the Consent of Guarantor(s) below.
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, (iii) each guarantor(s) of the Loan, if any, has executed and delivered to Bank a Consent and Agreement of Guarantor(s), and (iv) if required by Bank, Borrower and any guarantor(s) have executed and delivered to Bank an arbitration resolution, an environmental questionnaire, and an environmental certification and indemnity agreement.
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank One shall not be bound by this Agreement until (i) Bank One as executed and delivered this Agreement, (ii) Makers have performed all of the obligations of Makers under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement.
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, if any, (iii) each guarantor of the Loan, if any, has executed and delivered to Bank a Consent and Agreement of Guarantor(s), and (iv) if required by Bank, Borrower and any Guarantor have executed and delivered to Bank an environmental indemnity agreement.
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. 7.1 Bank shall not be bound by this Agreement until
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until each of the following shall have occurred: (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement, (iii) the acquisition of all of the issued and outstanding shares of common stock in Borrower by Xxxxxxx Homes, Inc., a Delaware corporation, must have been completed, (iv) all of the FDC Loans (as defined in the Credit Agreement) must have been fully repaid, (v) Bank has received resolutions, good standing certificates and amendments to formation documents for Borrower, (vi) Bank has received an updated opinion letter relating to Borrower on or before January 20, 1997, and (vii) Bank has received a fully executed copy of the Security Agreement executed by Borrower in favor of First Hawaiian Bank, a draft copy of which is attached hereto as SCHEDULE 2.
EXECUTION AND DELIVERY OF AGREEMENT BY BANK. Bank shall not be bound by this Agreement until (i) Bank has executed and delivered this Agreement, (ii) Borrower has performed all of the obligations of Borrower under this Agreement to be performed contemporaneously with the execution and delivery of this Agreement and has satisfied any and all other conditions precedent set forth herein, (iii) if requested by Bank, Borrower shall have ordered, at its sole cost and expense, a "Phase I" Environmental Study from an environmental engineer acceptable to Bank in its sole discretion, and (iv) if required by Bank, Borrower and any guarantor(s) have executed and delivered to Bank an arbitration resolution, an environmental questionnaire, and an environmental certification and indemnity agreement. Until all of the foregoing are satisfied, Bank shall be under no obligation to advance additional proceeds under the Acquisition Loan or to release any collateral securing the Acquisition Loan or the Additional Loan. If Borrower does not perform its obligations hereunder and satisfy all conditions precedent herein as and when required, Bank, at its option, may terminate its obligations hereunder, and the Acquisition Loan and the Additional Loan shall continue to be payable in accordance with their terms. If Borrower performs all obligations hereunder and satisfies all conditions precedent herein as and when required (as determined by Bank), the amendments to the Loan set forth herein shall become effective and Bank shall make the disbursement of the Loan to Borrower. Borrower agrees that the additional proceeds of the Loan shall be used by Borrower solely for the purpose of making improvements to the Property and other permitted partnership purposes of Borrower. Borrower represents and warrants to Bank that Borrower has obtained all necessary consents in connection with this Agreement and the disbursement of the Loan proceeds contemplated hereby and that Borrower is authorized to execute, deliver and perform this Agreement and the other Loan Documents.
