Initial Credit Extensions. The Lenders shall not be required to make the initial Credit Extensions hereunder unless, prior to or concurrently with the making of such initial Credit Extensions, the following conditions precedent have been satisfied:
Initial Credit Extensions. The obligations of the Lenders and, if applicable, the Issuer or the Loan Note Guarantor to fund any Credit Extensions to the Borrowers shall be subject to the prior or concurrent satisfaction of each of the conditions precedent set forth in this Section 5.1.
Initial Credit Extensions. Notwithstanding any provision contained in this Agreement to the contrary, the Lenders and LC Issuer shall have no obligation to make the initial Credit Extensions under this Agreement unless Agent, LC Issuer and the Lenders shall, on or before February 29, 2008, have first received:
(i) this Agreement and the Notes, each duly executed by Borrower;
(ii) the other Loan Documents, each duly executed and delivered by Borrower, each other Credit Party and each other Persons party thereto;
(iii) a copy of resolutions of the board of directors of Borrower and of each other Credit Party, duly adopted, which authorize the execution, delivery and performance by Borrower and each such other Credit Party of this Agreement, the Notes and the other Loan Documents to which Borrower or such other Credit Party is a party, certified by the Secretary of Borrower or such other Credit Party, as the case may be;
(iv) a copy of the articles of incorporation of Borrower, including any amendments thereto, certified by the Secretary of State of the State of California as of a date within 10 days prior to the Closing Date;
(v) a copy of the bylaws of Borrower, including any amendments thereto, certified by the Secretary of Borrower as being in full force and effect as of the Closing Date;
(vi) an incumbency certificate, executed by the Secretary of Borrower, which shall identify by name and title and bear the signatures of all of the officers of Borrower executing any of the Loan Documents to which Borrower is a party;
(vii) certificates of corporate good standing of Borrower issued by the Secretary of State of the State of California and of each other state where the failure to be qualified and in good standing could reasonably be expected to cause or result in a Material Adverse Change;
(viii) a copy of the certificate or articles of incorporation, as applicable, of each Affiliate Guarantor, including any amendments thereto, certified by the Secretary of State of the State of Delaware or California, as applicable, as of a date within 30 days prior to the Closing Date;
(ix) a copy of the bylaws of each Affiliate Guarantor, including any amendments thereto, certified by the Secretary of such Affiliate Guarantor as being in full or force and effect as of the Closing Date;
(x) an incumbency certificate, executed by the Secretary of each Affiliate Guarantor, which shall identify by name and title and bear the signatures of all of the officers of such Affiliate Guarantor executing any ...
Initial Credit Extensions. The obligation of each Bank to make its initial Loan and of any Issuing Bank to issue any Letter of Credit, whichever first occurs, is, in addition to the conditions precedent specified in Section 11.2, subject to the conditions precedent (and the date on which all such conditions precedent have been satisfied or waived in writing by the Banks is called the "Effective Date") that (a) the Agent shall have received all amounts which are then due and payable pursuant to Section 5 and (to the extent billed) Section 14.6, (b) the Agent shall have received evidence, reasonably satisfactory to the Agent (i) of the completion of an initial equity offering by the Company producing gross proceeds of at least $50,000,000, (ii) that the Founding Companies Acquisition has been (or concurrently with the initial borrowing will be) consummated on terms and conditions set forth in the Founding Companies Acquisition Documents, without giving effect to any amendment or other modification thereto or waiver thereunder unless consented to by the Banks, (iii) that all Debt to be Repaid has been (or concurrently with the making of the initial Loans will be) paid in full and all Liens securing such Debt have been (or concurrently with the making of the initial Loans will be) terminated, and (iv) that the Company and its Subsidiaries leases the real property necessary to operate the Founding Companies pursuant to leases acceptable to the Agent, (c) Winternitz shall have completed a review of the Equipment of the Founding Companies, (d) the Effective Date shall occur on or before June 15, 1998 and (e) all of the following, each duly executed and dated the Effective Date (or such other date as shall be satisfactory to the Agent), in form and substance satisfactory to the Agent, and each (except for the Notes, of which only the originals shall be signed) in sufficient number of signed counterparts to provide one for each Bank:
Initial Credit Extensions. The obligations of each Lender and each Issuer, as applicable, to fund the initial Credit Extensions under this Agreement shall be subject to the prior or concurrent satisfaction of each of the conditions precedent set forth in this SECTION 7.1.
Initial Credit Extensions. The obligations of the Lenders to make Loans and the Issuer to issue Letters of Credit and continue Existing Letters of Credit as Letters of Credit under this Agreement shall be subject to the prior or concurrent satisfaction of each of the conditions precedent set forth below.
Initial Credit Extensions. The obligation of each Bank to make its ------------------------- initial Loan and of any Issuing Bank to issue any Letter of Credit, whichever first occurs, is, in addition to the conditions precedent specified in Section ------- 11.2, subject to the conditions precedent (and the date on which all such ---- conditions precedent have been satisfied or waived in writing by the Banks is called the "Effective Date") that the Effective Date shall occur on or before -------------- September 11, 1999; (b) the Company shall have completed (or shall concurrently complete) the Centurion Acquisition or the Waggoners 50 Acquisition; (c) the Agent shall have received all amounts which are then due and payable pursuant to Section 5 and (to the extent billed) Section 14.6; and (d) the Agent shall have received all of the following, each duly executed and dated the Effective Date (or such other date as shall be satisfactory to the Agent), in form and substance satisfactory to the Agent, and each (except for the Notes and the FRB Forms described in Section 11.1.9, of which only the originals shall be signed) in sufficient number of signed counterparts to provide one for each Bank:
Initial Credit Extensions. The obligation of each Bank to make its ------------------------- initial Loan and of any Issuing Bank to issue any Letter of Credit, whichever first occurs, is, in addition to
(a) the Agent shall have received all amounts which are then due and payable pursuant to Section 5 and (to the extent billed) Section 14.6, and (b) all of --------- ------------ the following, each duly executed and dated the Effective Date (or such other date as shall be satisfactory to the Agent), in form and substance satisfactory to the Agent, and each (except for the Notes, of which only the originals shall be signed) in sufficient number of signed counterparts to provide one for each Bank:
Initial Credit Extensions. The obligation of each Lender to advance its initial Revolving Loan is subject to satisfaction (or waiver in accordance with Section 10.11) of the following conditions precedent:
(a) The Administrative Agent shall have received (including by facsimile or other electronic means) signature pages to (1) this Agreement, duly executed by the parties hereto, (2) the Subsidiary Guaranty, duly executed by each Guarantor as of the Effective Date, (3) the Co-Borrower Cross-Guaranty, duly executed by the Borrowers as of the Effective Date,
Initial Credit Extensions. The obligation of the Bank to make its initial Loan is, in addition to the conditions precedent specified in Section 10.2, subject to the conditions precedent (and the date on which all such conditions precedent have been satisfied or waived in writing by the Bank is called the "Effective Date") that (a) the Bank shall have received all amounts which are then due and payable pursuant to Section 5 and (to the extent billed) Section 12.6, (b) the Bank shall have completed its due diligence of the Borrower and (c) the Bank shall have received all of the following, each duly executed and dated the Effective Date (or such other date as shall be satisfactory to the Bank), in form and substance satisfactory to the Bank.
