First Disbursement. The obligation of EBRD to make the first Disbursement shall be subject to the prior fulfilment, in form and substance satisfactory to EBRD, or at the sole discretion of EBRD the waiver, whether in whole or part and whether subject to conditions or unconditional, of the following conditions precedent:
First Disbursement. The obligation of EBRD to make the first Disbursement under the Loan shall be subject to the prior fulfilment, in form and substance satisfactory to EBRD, or at the sole discretion of EBRD the waiver, whether in whole or part and whether subject to conditions or unconditional, of the following conditions precedent (including, at EBRD’s sole discretion, certified English translations of documents executed in languages other than the English language):
First Disbursement. The first disbursement of the loan shall have occurred.
First Disbursement. Prior to the first disbursement under the Grant, or to the issuance by USAID of documentation pursuant to which disbursement will be made, the Grantee will, except as the Parties may otherwise agree in writing, furnish to USAID in form and substance satisfactory to USAID:
First Disbursement. Prior to the first disbursement under the Agreement, or to the issuance by USAID of documentation pursuant to which disbursement will be made, the Recipient will, except as the Parties may otherwise
(a) An opinion of counsel acceptable to USAID that: (i) this Agreement has been duly authorized and executed on behalf of the Recipient; and (ii) constitutes a valid and legally binding obligation of the Recipient in accordance with all of its terms; and (iii) all internal actions and approvals necessary to give effect to this Agreement have been obtained by or on behalf of the Recipient; and
(b) A signed statement in the name of the person holding or acting in the office of the Recipient specified in Section 7.2, which designates by name and title of any additional representatives, each of whom may act pursuant to Section 7.2."
(c) [Additional conditions as determined by the Operating Unit]]
First Disbursement. Prior to the first disbursement under the Grant or to the issuance by USAID of documentation pursuant to which such disbursement will be made, the Grantee will, except as the Parties may otherwise agree in writing, furnish to USAID in form and substance satisfactory to USAID:
(a) A legal opinion from the Ministry of Justice that this Agreement has been duly authorized or ratified by, and executed on behalf of the Grantee, and that it constitutes a valid and legally binding obligation of the Grantee, in accordance with all of its terms; and
(b) A statement in the name of the person holding or acting in the office of the Grantee specified in Section 7.3, and of any Additional Representatives of the Parties, together with a specimen signature of each person specified in such statement.
First Disbursement. If a Performance Report indicates that the Company has made or caused to be made and retained Capital Investments of at least $___________, and has created and Maintained at least ___ New Jobs [OR, INDICATE OTHER MILESTONES, SUCH AS A CERTIFICATE OF OCCUPANCY], the Company will qualify for a disbursement of $__________ of the COF Grant proceeds. Then, within 30 days of the verification of that Performance Report by the Locality and VEDP, VEDP will disburse $_______ of the COF Grant proceeds to the Locality (the “First Disbursement”). Within 30 days of its receipt of such COF Grant proceeds, the Locality will disburse such COF Grant proceeds to the Authority. Within 30 days of its receipt of such COF Grant proceeds, the Authority will disburse such COF Grant proceeds to the Company.
First Disbursement. The Purchaser's obligation to make the first advance of principal under the Note is subject to the satisfaction by the Company or waiver in writing by the Purchaser of the following conditions:
(a) The Company shall have delivered or shall have caused to be delivered the documents and other items listed in the Closing Documents List provided in connection with this Agreement, together with any other documents and items reasonably requested by the Purchaser to document the agreements and intent of the Loan Documents, in each case fully executed and delivered where applicable and in each case in form and substance satisfactory to the Purchaser, including the following documents and other items:
(i) this Agreement, the Note, the Structuring Fee Agreement;
(ii) the Warrants, and the Registration Rights Agreement;
(iii) the Pledge Agreement, the Guaranty, the Security Agreement, the Assignment Agreement, the Consent and Agreement, and all related share certificates, stock powers, financing statements and other lien filings, and lien searches;
(b) Where applicable, the financing statements and other documents and agreements requiring filing or recording in public records shall have been duly delivered to the appropriate offices for filing or recording and the Purchaser shall have received confirmations of receipt thereof by the appropriate filing or recording offices, if available, with all filing fees, mortgage tax, and intangible tax paid by the Company, and the original copies of all share certificates and other items requiring possession for perfection shall have been delivered to the Purchaser in appropriate form for transfer; and
(c) The Company shall have provided direction to the Purchaser to pay on behalf of the Company the fees contemplated by the Structuring Fee Agreement and all legal fees and expense of counsel and local counsel for the Purchaser incurred in connection with this Agreement.
First Disbursement. Prior to the first disbursement of Loan Funds by the Escrow Agent, the following requirements shall be satisfied: • Owner shall furnish or cause to be furnished to Lender and Escrow Agent a Sworn General Contractor’s Statement which shall provide the names and addresses of such persons furnishing labor, services and materials for the Project, the kind of labor, services or material to be furnished, and the amounts to be paid pursuant to this Agreement. • Owner shall furnish or cause to be furnished to Escrow Agent W-9 forms from all payees (General Contractor, subcontractors and suppliers). ALL W-9’S MUST BE SUBMITTED PRIOR TO DISBURSEMENT OF FUNDS.
First Disbursement. Lender is not required to advance any funds under the Loan until all conditions to such advance are satisfied in a manner reasonably acceptable to Lender. If each of such conditions is not satisfied by September 30, 1996, Lender shall have no obligation to fund any portion of the Loan. Those conditions are the following:
a. Lender receives all of the Loan Documents duly executed by Borrower and all third parties thereto, and acknowledged when required.
b. Lender receives all of the Closing Documents.
c. Lender must receive a "Draw Request" (as defined herein)for all funds requested at such time.
d. The Deed of Trust must be duly recorded and in a first-priority lien position, and the Easement and Operating Agreement must be duly recorded and superior to both the Deed of Trust and the liens and other security interests of Northwestern Mutual Life Insurance Company ("Mortgagee").
e. Lender's security interest in all personal property and fixtures covered by the Deed of Trust must be duly perfected and in a first-priority lien position.
f. The preconstruction requirements that are contained in Paragraphs B.II and B.III of the article of the Lease captioned "IMPROVEMENTS TO BE CONSTRUCTED BY LANDLORD" shall have been satisfied by Borrower to Lender's reasonable satisfaction and certified by Borrower's Architect as being substantially completed in accordance with the Plans and Specifications.
g. If any funds are being requested, Borrower has provided to Lender receipted invoices and other materials reasonably satisfactory to Lender (including lien waivers) evidencing that Borrower has paid at least Borrower's Initial Costs in preparing the Land and constructing the Improvements.
h. The general construction contract (the "CONSTRUCTION CONTRACT") has been submitted to and approved by Lender in writing in connection with the construction of the Improvements. The Construction Contract shall be a lump sum contract.
i. No default (taking into account applicable notice and cure periods) under any Loan Document, the Lease or any other lease for space in the Shopping Center (as that term is defined in the Lease) between Borrower and the tenants listed in the article of the Lease captioned "OTHER TENANCIES" (collectively, the "OTHER LEASES") shall have occurred or be continuing ( but this shall apply to the Other Leases only if the representations and warranties contained in the article of the Lease captioned "OTHER TENANCIES" shall be rendered inaccurate thereby), and B...
