Common use of Initial Advance Clause in Contracts

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies of the Loan Documents and all other documents and instruments reasonably required to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors evidencing approval of the Loan and other transactions evidenced by the Loan Documents; (d) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (e) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could have a Material Adverse Effect; (f) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (h) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, Account Control Agreements, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors Board evidencing approval of the Loan and other transactions evidenced by the Loan Documents; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, Account Control Agreements, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s 's board of directors evidencing approval of (i) the Loan and other transactions evidenced by the Loan Documents; and (ii) the Warrant and transactions evidenced thereby; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s 's and the Lenders’ Lender's current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, Account Control Agreements, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors Board evidencing approval of (i) the Loan and other transactions evidenced by the Loan Documents; and (ii) the Warrant and transactions evidenced thereby; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies of the Loan Documents and all other documents and instruments reasonably required to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of BorrowerXxxxxxxx’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of BorrowerXxxxxxxx’s board of directors evidencing approval of the Loan and other transactions evidenced by the Loan Documents; (d) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (e) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could have a Material Adverse Effect; (f) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (h) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, Account Control Agreements, and all any other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors Board evidencing approval of (i) the Loan and other transactions evidenced by the Loan Documents; and (ii) the Warrant and transactions evidenced thereby; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (gf) all certificates of insurance and copies of each insurance policy required hereunder; and (hg) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies of the Loan Documents Documents, Account Control Agreements, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors Board evidencing approval of the Loan and other transactions evidenced by the Loan Documents; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Due Diligence Fee (receipt of which is hereby acknowledged by Agent), the Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies of the Loan Documents Documents, a legal opinion of Borrower’s counsel and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors the Board evidencing approval of the Loan and other transactions evidenced by the Loan Documents; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could have a Material Adverse Effect; (fe) payment of the Initial Due Diligence Fee, the Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (gf) all certificates of insurance and copies of each insurance policy required hereunder; and (hg) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, Account Control Agreements, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors evidencing approval of (i) the Loan and other transactions evidenced by the Loan Documents; and (ii) the Warrant Agreement and transactions evidenced thereby; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current reasonable and documented expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (gf) all certificates evidence of insurance contemplated pursuant to Section 6.1 and copies of each insurance policy required hereunder6.2; and (hg) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies of the Loan Documents Documents, Account Control Agreements, a legal opinion of Borrower’s counsel, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors evidencing approval of (the Loan and other transactions evidenced by the Loan Documents; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (gf) all certificates of insurance and copies of each insurance policy required hereunder; and (hg) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, a legal opinion of Borrower’s counsel, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors evidencing approval of the Loan and other transactions evidenced by the Loan Documents; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of $150,000 of the Initial Facility Charge Charge, the Commitment Fee (which has already been paid) and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) a copy of an Account Control Agreement for all of Borrower’s and its Domestic Subsidiary’s accounts (other than Excluded Accounts and accounts maintained at Square 1 Bank) and such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, a legal opinion of Borrower’s counsel, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors Board evidencing approval of (i) the Loan and other transactions evidenced by the Loan Documents; and (ii) the Warrant and transactions evidenced thereby; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) such other documents as Agent may reasonably request.

Initial Advance. On or prior to the Closing Date, Borrower shall have delivered to Agent the following: (a) executed copies originals of the Loan Documents Documents, Account Control Agreements, and all other documents and instruments reasonably required by Agent to effectuate the transactions contemplated hereby or to create and perfect the Liens of Agent with respect to all Collateral, in all cases in form and substance reasonably acceptable to Agent; (b) a legal opinion of Borrower’s counsel in form and substance reasonably acceptable to Agent; (c) certified copy of resolutions of Borrower’s board of directors evidencing approval of (i) the Loan and other transactions evidenced by the Loan Documents; and (ii) the Warrant and transactions evidenced thereby; (dc) certified copies of the Certificate of Incorporation and the Bylaws, as amended through the Closing Date, of Borrower; (ed) a certificate of good standing for Borrower from its state of incorporation and similar certificates from all other jurisdictions in which it does business and where the failure to be qualified could would have a Material Adverse Effect; (fe) payment of the Initial Facility Charge and reimbursement of Agent’s and the Lenders’ Lender’s current expenses reimbursable pursuant to this Agreement, which amounts may be deducted from the initial Advance; (g) all certificates of insurance and copies of each insurance policy required hereunder; and (hf) such other documents as Agent may reasonably request.