Initial Conditions. No Advance shall be made by any of the Lenders until the following conditions precedent shall have been met to the satisfaction of the Majority Lenders or, as the case may be, waived by all the Majority Lenders:
9.1.1 the Administrative Agent shall have received true and complete copies of the constitutive documents, charter and by-laws (if applicable), resolutions, certificates of incumbency and certificate of good standing or its equivalent from the jurisdiction of incorporation or organization of each of the Credit Parties;
9.1.2 the Administrative Agent shall have received the Guarantee Agreement duly executed by each of the Credit Parties (including, for greater certainty, AcquisitionCo.);
9.1.3 if a Pledge Agreement is required pursuant to the terms of this Agreement, the Administrative Agent shall have received (a) the Pledge Agreement duly executed by AcquisitionCo, (b) evidence of the filing of a UCC-1 Financing Statement in the applicable jurisdiction(s), (c) either (i) a control agreement in form and substance reasonably acceptable to the Administrative Agent duly executed by the Depositary and AcquisitionCo. providing to Collateral Agent “control” of such Capital Securities within the meaning of Articles 8 and 9 of the UCC (it being agreed that if the Depositary is not a securities intermediary as such term is used in the UCC, then sub-paragraph ii) below shall be used) or (ii) a written confirmation from the Depositary that it is not holding and will not hold the Capital Securities of Casey’s as “controlled party” or “bailee” for any Person and a written authenticated record providing an irrevocable direction by AcquisitionCo. to the Depositary directing the Depositary to immediately transfer the Capital Securities of Casey’s held by the Depositary to the securities intermediary that has entered into a control agreement providing Collateral Agent “control” of such Capital Securities within the meaning of Articles 8 and 9 of the UCC (such documents to be in form and substance reasonably acceptable to the Administrative Agent), and (d) the Intercreditor Agreement duly executed by all parties thereto;
9.1.4 the Administrative Agent shall have received a certificate, substantially in the form of the one attached hereto as Schedule “E”, duly executed by one (1) Responsible Officer of each of the Credit Parties;
9.1.5 the Administrative Agent shall have received such portion of the fees and expenses payable or incurred by itself and for the account ...
Initial Conditions. Lender’s obligation to enter into this Agreement is subject to the Conditions Precedent that Lender shall have received (or agreed in writing to waive or defer receipt of) all of the following, each duly executed, dated and delivered as of the Closing Date, in form and substance satisfactory to Lender and its counsel:
Initial Conditions. As a condition precedent to the Lender's obligation to make the initial Loan hereunder, the Lender shall have received the following items in form and substance satisfactory to it:
Initial Conditions. This Agreement shall not become effective, and the Existing Credit Agreement shall remain in full force and effect, until the date (the “Fourth Restatement Closing Date”) on which each of the following conditions is satisfied (or waived in accordance with Section 10.2): 1821445.29\C072091\0303228
Initial Conditions. Lenders' obligation to extend credit and to issue any Letter of Credit hereunder and the Swing Line Lender's obligation to extend credit is subject to the Conditions Precedent that Agent shall have received (or agreed in writing to waive or defer receipt of) all of the following, each duly executed, dated and delivered as of the date hereof, in form and substance satisfactory to Agent and its counsel:
Initial Conditions. No Request may be delivered unless Burdale shall have received all of the documents and evidence specified in Part I of Schedule 2 in a form and substance satisfactory to it.
Initial Conditions. Lender's obligation to extend credit hereunder is ------------------ subject to the Conditions Precedent that Lender shall have received (or agreed in writing to waive or defer receipt of) each of the following, as of the Closing Date, in form and substance satisfactory to Lender:
Initial Conditions. Lenders' obligation to extend credit hereunder is subject to the Conditions Precedent that Agent shall have received (or agreed in writing to waive or defer receipt of) all of the following, each duly executed, dated and delivered as of the Closing Date, in form and substance satisfactory to Agent and its counsel:
(a) Revolving Credit Notes, the Term Notes, and Loan Documents. The Revolving Credit Notes, the Term Notes, and all other Loan Documents.
Initial Conditions. Specify all steps to be taken by the test operator prior to connection in the test set-up or insertion in a jig, fixture, or gage. For example, the operator may be required to perform a visual examination of the item prior to power-up to assure proper polarization of diodes and tantalum capacitors, alignment of connector pins, adjustment of shafts and rotors, etc.
Initial Conditions. The following initial conditions must be satisfied before OWEB will review due diligence items or reimburse costs associated with the secondary conditions or standard conditions below.
i. Grantee meets with OWEB staff within sixty (60) days from the Effective Date to: (i) confirm roles and responsibilities; (ii) agree on preferred methods for sharing information; (iii) discuss approaches to addressing Project challenges; and (iv) address other Project matters that would benefit from early discussions between Grantee and OWEB.
ii. Grantee participates in regularly scheduled Project update meetings with OWEB staff.
iii. [additional initial Project‐specific conditions imposed by the OWEB Board]
