General Financing Provisions. 19 2.3.1 Borrower's Representatives. 19 2.3.2 Use of Proceeds of the Loan. 20 2.3.3 Computation of Interest and Fees. 20 2.3.4 Maximum Interest Rate. 20 2.3.5 Payments. 20 2.3.6 Liens; Setoff. 21 2.3.7 Requirements of Law. 21 2.3.8 Hedge Transactions. 22
General Financing Provisions. Section 4.1 Conditions Precedent to Credit Facility Closing and Addition of Deeds of Trust
General Financing Provisions. 37 2.4.1 Lender Authorizations.......................................37 2.4.2 Use of Proceeds of the Loans................................37 2.4.3 Closing Fee.................................................37 2.4.4 Collateral Management Fee...................................37 2.4.5 Computation of Interest and Fees............................38 2.4.6 Payments....................................................38 2.4.7 Liens; Setoff...............................................38 2.4.8 Requirements of Law.........................................38 2.4.9 Funds Transfer Services.....................................39
General Financing Provisions. Section 4.1 Conditions Precedent to Credit Facility Closing and Addition of Deeds of Trust
(a) Conditions Precedent to Credit Facility Closing and Each Facility Closing. The following shall be conditions precedent to the Credit Facility Closing or to the addition of an Additional Borrower and/or the addition of an Eligible Project to the Borrowing Base (each a "Facility Closing"):
(i) The Guaranty, this Agreement and the Note shall have been properly executed and delivered to the Administrative Agent.
(ii) The Administrative Agent shall have received and approved a copy of each Borrower's fully executed Partnership Agreement (if a limited partnership) or Operating Agreement and Articles of Organization (if a limited liability company) and a certified copy of the recorded Certificate of Limited Partnership (if a limited partnership) or Articles of Organization (if a limited liability company) or a certificate of no changes therein since the closing on March 14, 2000. In connection with the addition of an Additional Borrower, the Administrative Agent shall have received and approved copies of all organizational documents, including certified copies of all documents on record with the State in which such entity is organized.
(iii) The Administrative Agent shall have received and approved a certificate executed by all of the general and limited partners or members of the Borrowers authorizing the execution and delivery of this Agreement or any other the Financing Documents being delivered in connection herewith and consenting to the Loan and related incumbency certificates and similar authority certificates or resolutions of any Additional Borrower.
(iv) The Administrative Agent shall have received and approved a current certificate of good standing or certificate of fact from the State in which any Borrower is formed.
(v) The Administrative Agent shall have received and approved an opinion of counsel for the Borrowers as to the Borrowers' good standing, form, powers and authority and as to the validity, binding effect and enforceability of the Financing Documents and such an opinion shall be issued in connection with the execution and delivery of each Joinder Agreement.
(vi) The Administrative Agent shall have received and approved a properly and fully executed Joinder Agreement for any Additional Borrower.
(vii) The Borrowers and the Accommodator Borrowers shall have paid all fees then due pursuant to any fee letter between the Administrative Agent and the B...
General Financing Provisions. 17 2.4.1 Borrower's Representatives..................................... 17 2.4.2 Use of Proceeds of the Loans................................... 18 2.4.3 Computation of Interest and Fees............................... 18 2.4.4 Payments....................................................... 18 2.4.5 Liens; Setoff.................................................. 18 2.4.6 Requirements of Law............................................ 18 Section 2.5 Interest....................................................... 19 2.5.2 Inability to Determine Eurodollar Base Rate.................... 19 2.5.3
General Financing Provisions. 36 Section 4.1 Conditions Precedent to Credit Facility Closing and Addition of Deeds of Trust................36 Section 4.2 Conditions Precedent to Determining Availability Under Borrowing Base.........................40 Section 4.3 Conditions Under Which an Eligible Project is a Completed Facility............................41 Section 4.4 Computation of Interest and Fees..............................................................42 Section 4.5 Liens; Setoff...............................................................................42 Section 4.6 Payment and Performance of Obligations........................................................42 Section 4.7 Payments to Others for the Account of the Borrowers...........................................42 Section 4.8 Prepayment....................................................................................43 Section 4.9 Requisitions for the Operating Reserve........................................................43 Section 4.10 Assignments..................................................................................43 Section 4.11 Liability of the Lenders.....................................................................44 Section 4.12
General Financing Provisions. 46 2.7.1 Consideration; Obligors' Representative. 46
General Financing Provisions. 28 2.4.1 Borrowers' Representatives. 28 2.4.2 Use of Proceeds of the Revolving Loan. 29 2.4.3 Origination Fee. 29 2.4.4 Monitoring Fee. 29 2.4.5 Computation of Interest and Fees. 29 2.4.6 Maximum Interest Rate. 29 2.4.7 Payments. 30 2.4.8 Liens; Setoff. 30 2.4.9 Requirements of Law. 30 2.4.10 ACH Transactions and Swap Contracts. 31 2.4.11 Termination of Revolving Credit Facility. 31 2.4.12 Elimination of MXL Receivables from Borrowing Base. 31
General Financing Provisions. Section 4.1 Conditions Precedent to Credit Facility Closing and Addition of Eligible Projects ..................... 28
General Financing Provisions. Section 4.1 Conditions Precedent to Credit Facility Closing and Addition of Eligible Projects The following requirements, along with the applicable requirements set forth in Section 4.2, Section 4.3 or Section 4.4, shall be conditions precedent to the Credit Facility Closing or to the addition of an Eligible Project to the Borrowing Base (a "Facility Closing"):
(a) The Notes, this Agreement, the Guaranty, or the assignments of any applicable Assigned Notes and the related Note Collateral (the "Synthetic Lease Assignment"), the other Security Documents and the other Financing Documents in connection with the Loan shall have been properly executed and delivered to the Agent. Any applicable Deeds of Trust or Synthetic Lease Assignments shall have been acknowledged and recorded in the appropriate
