First Borrowing Date Clause Samples
First Borrowing Date. In the case of the Borrowing on the First Borrowing Date:
(a) receipt by the Administrative Agent, to the extent requested by any Bank not less than five Domestic Business Days prior to the First Borrowing Date, of any Notes so requested duly executed by the Borrower;
(b) the fact that all fees and expenses payable on or before the First Borrowing Date by the Borrower for the account of the Banks and their affiliates in connection with this Agreement shall have been paid in full on or before such date in the amounts previously agreed upon in writing;
(c) receipt by the Administrative Agent of opinions of (i) Skadden, Arps, Slate, ▇▇▇▇▇▇▇ & ▇▇▇▇ LLP, special counsel for the Borrower and (ii)
First Borrowing Date. The First Borrowing shall have occurred prior to the Second Borrowing Date.
First Borrowing Date. The obligation of each Lender to make a Loan on the First Borrowing Date is subject to the satisfaction of the following conditions:
(a) The Administrative Agent (or its counsel) shall have received from each Material Domestic Subsidiary either (i) a counterpart of a Guarantee Agreement signed on behalf of such party or (ii) written evidence reasonably satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of the Guarantee Agreement) that such party has signed a counterpart of a Guarantee Agreement.
(b) The Administrative Agent (or its counsel) shall have received from the Borrower and each Material Domestic Subsidiary either (i) a counterpart of each Security Document other than a Guarantee Agreement and a Pledge Agreement signed on behalf of such party or (ii) written evidence reasonably satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of such Security Document) that such party has signed a counterpart of such Security Document.
(c) The Administrative Agent (or its counsel) shall have received from each Loan Party which is the direct parent of any Domestic Subsidiary (other than any such Subsidiary listed in Schedule 4.02(c)) either (i) a counterpart of a Pledge Agreement signed on behalf of such party or (ii) written evidence reasonably satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of a Pledge Agreement) that such party has signed a counterpart of a Pledge Agreement.
(d) Except as otherwise provided in Schedule 4.02(d), the Administrative Agent (or its counsel) shall have received from each Loan Party which is the direct parent of any first-tier Material Foreign Subsidiary either (i) a counterpart of a Pledge Agreement signed on behalf of such party or (ii) written evidence reasonably satisfactory to the Administrative Agent (which may include telecopy transmission of a signed signature page of a Pledge Agreement) that such party has signed a counterpart of a Pledge Agreement.
(e) The Administrative Agent shall have received all documents and instruments, including Uniform Commercial Code financing statements required by law or reasonably requested by the Administrative Agent to be filed, registered or recorded so that the Administrative Agent, for its benefit and the ratable benefit of the Lenders, shall have a legal, valid and enforceable perfected first-priority Lien on the Co...