Lender’s Conditions to Closing. Lender’s Advances pursuant to this Agreement are subject to the condition that on or before the Closing, Lender has received evidence of the following actions and or executed original copies of the following documents, in form and substance satisfactory to Lender:
(a) a Non-Compete, Non-Solicitation and Confidential Information Agreement from the Key Person;
(b) a copy of resolutions duly adopted by the governing body (e.g., board of directors, board of governors, managing members, general partner or the like) (the “Governing Body”) of each Company Entity authorizing this Agreement and the transactions contemplated hereby;
(c) an executed copy of the Purchase Agreement and all transaction documents related thereto;
(d) Subordination Agreements in favor of Lender executed by (i) Xxxx X. XxXxxxx & Xxxxxx X. Xxxxx TRS FBO San Xxxxxxx Advisors, LLC DBP FBO Xxxxxx Xxxxx, (ii) San Xxxxxxx Fund, LLC, a California limited liability company, (iii) Richland Fund, LLC, a Nevada limited liability company, and (iv) JMW Fund, LLC, a Delaware limited liability company.
(e) A payoff letter from KeyBank National Association evidencing full and final satisfaction of all obligations owed by Company Entities to KeyBank National Association and authorizing Company and Lender to terminate any UCC-1 financing statements and other liens associated therewith;
(f) a Certificate of Perfection from Company with respect to each Company Entity in the form provided by Lender to Company; and
(g) a copy of Company’s current operating budget including, without limitation, projected revenues, expenses, wages, and uses of loan proceeds, and if applicable, approved by Company’s Governing Body.
Lender’s Conditions to Closing. Lender’s obligation to fund the Note pursuant to the terms of the Note, is, at the option of Lender, subject to the fulfillment of the following conditions:
Lender’s Conditions to Closing. The obligations of WWSAF hereunder are subject to the satisfaction of each of the following conditions precedent.
Lender’s Conditions to Closing. Lender’s Advances pursuant to this Agreement are subject to the condition that on or before the Closing, Lender has received evidence of the following actions and or executed original copies of the following documents, in form and substance satisfactory to Lender:
(a) a Non-Solicitation and Confidential Information Agreement from the Key Person;
(b) a Warrant in the form attached as Exhibit A;
(c) a Subordination Agreement with McKesson Corporation;
(d) a copy of resolutions duly adopted by the board of directors (the “Governing Body”) of Company authorizing this Agreement and the transactions contemplated hereby;
(e) a Certificate of Perfection from Company in the form provided by Lender to Company; and
(f) a copy of Company’s current operating budget including, without limitation, projected revenues, expenses, wages, and uses of loan proceeds, and if applicable, approved by Company’s Governing Body.
Lender’s Conditions to Closing. Lender’s obligation to make the Initial Loan to the Company through the purchase of a Note under this Agreement is subject to the satisfaction, on or before the Closing Date, of the following conditions:
Lender’s Conditions to Closing. The Lenders' obligation to advance the principal amount of the Notes to the Company as set forth in Section 4.1 hereof is subject to the fulfillment, prior to or at the Closing, of the following conditions:
Lender’s Conditions to Closing. The Lender's obligation to advance the principal amount of the Note to the Company is subject to the fulfillment, prior to or at the Closing, of the following conditions:
Lender’s Conditions to Closing. Lender’s Advances pursuant to this Agreement are subject to the condition that on or before the Closing, Lender has received evidence of the following actions and or executed original copies of the following documents, in form and substance satisfactory to Lender:
(a) a Non-Compete, Non-Solicitation and Confidential Information Agreement from the Key Person;
(b) a copy of resolutions duly adopted by the governing body (e.g., board of directors, board of governors, managing members, general partner or the like) (the “Governing Body”) of each Company Entity authorizing this Agreement and the transactions contemplated hereby;
(c) a pledge agreement from Xxxxx Technical Consulting, Inc., a Delaware corporation with respect to a pledge in favor of Lender of a majority of the issued and outstanding equity interests of Company;
(d) a Certificate of Perfection from Company with respect to each Company Entity in the form provided by Lender to Company; and
(e) a copy of Company’s current operating budget including, without limitation, projected revenues, expenses, wages, and uses of loan proceeds, and if applicable, approved by Company’s Governing Body.
Lender’s Conditions to Closing. The obligations of the Lenders to consummate the Closing hereunder and to satisfy the obligations under this Agreement shall be subject to the satisfaction of the following conditions precedent at or before the Closing;
Lender’s Conditions to Closing. Lxxxxx’s Advances pursuant to this Agreement are subject to the condition that on or before the Closing, Lxxxxx has received evidence of the following actions and or executed original copies of the following documents, in form and substance satisfactory to Lender:
(a) a Non-Competition, Non-Solicitation and Confidential Information Agreement from the Key Person;
(b) a Deposit Account Control Agreement for each Deposit Account maintained by Company;
(c) a copy of resolutions duly adopted by the governing body (e.g., board of directors, board of governors, managing members, general partner or the like) (the “Governing Body”) of each Company Entity authorizing this Agreement and the transactions contemplated hereby;
(d) a Certificate of Perfection from Company with respect to each Company Entity in the form provided by Lender to Company; and
(e) a copy of Company’s current operating budget including, without limitation, projected revenues, expenses, wages, and uses of loan proceeds, and if applicable, approved by Company’s Governing Body.
