Loan Documents and Certain Third Party Documents Sample Clauses

Loan Documents and Certain Third Party Documents. Administrative Agent shall have received on or prior to the date of the Initial Advance the following documents fully executed and in form and substance satisfactory to Administrative Agent, all of which shall be in full force and effect: (i) the Notes (with originals delivered to the applicable Lender); (ii) the Mortgage; (iii) the Assignment of Leases and Consent; (iv) the Project Loan Agreement; (v) the Project Loan Notes; (vi) the Project Loan Mortgage; (vii) the Other Assignments of Leases and Consent; (viii) the Facility Lease; (ix) the Memorandum of Lease; (x) the Sublease; (xi) the Memorandum of Sublease. (xii) the Facility Lessee Loan and Security Agreement; (xiii) the Leasehold Mortgage; (xiv) the Assignment of Leasehold Mortgage and Consent; (xv) the Collateral Account Pledge Agreement: (xvi) the Borrower Member Pledge Agreement (with the membership certificate duly endorsed and delivered to Collateral Agent); (xvii) the Recourse Carve-Out Guaranty (Principals); (xviii) the Recourse Carve-Out Guaranty (Consortium); (xix) the Recourse Carve-Out Judgment Guaranty; (xx) the Primary Completion Guaranty; (xxi) the Project Completion Agreement; (xxii) the Secondary Completion Guaranty; (xxiii) the Initial Party Agreement; (xxiv) the Permanent Party Agreement; (xxv) the Environmental Indemnity Agreement; (xxvi) the Contract of Sale, together with the Assignment of Contract; (xxvii) the EDC Deed; (xxviii) the Borrower Estoppel; (xxix) the Assignment of Architectural Services Agreement (Construction Administration) and Consent (attaching a copy of the Architectural Services Agreement (Construction Administration)); (xxx) Assignment of Architectural Services Agreement (Design) and Consent (attaching a copy of the Architectural Services Agreement (Design)); (xxxi) the Assignment of Construction Contract and Consent (attaching a copy of the Construction Contract); (xxxii) the Assignment of Proton System Agreements and Consent (attaching a copy of the Proton System Purchase Agreement and Proton System Operations and Maintenance Agreement); (xxxiii) the Assignment of Leases and Rents (Facility Lessee) and Consent; (xxxiv) the Assignment of Facility Lessee Operating Agreement and Consent (attaching a copy of the Facility Lessee Operating Agreement); (xxxv) the Borrower Financing Statement; (xxxvi) the Facility Lessee Financing Statement; (xxxvii) the Operator Financing Statement; (xxxviii) the Development Agreement; and (xxxix) the Assignment and Subordination...
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Loan Documents and Certain Third Party Documents. Lender shall have received on the date hereof the following documents fully executed and in form and substance satisfactory to Lender: (i) The Note; (ii) The Deed of Trust (iii) The Assignment of Rents; (iv) The Guaranty; (v) The Environmental Indemnity Agreement (vi) The Property Manager Subordination Agreement (attaching a copy of the Property Management Agreement); (vii) Borrower Financing Statement; (viii) The agreement of Guarantor to cause Borrower to comply with the provisions of Section 4.08 hereof; and (ix) Lender’s Disbursement and Rate Management Signature Authorization and Instruction Form.
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Loan Documents and Certain Third Party Documents. Lender shall have received on the date hereof the following documents fully executed and in form and substance satisfactory to Lender: (i) The Note; (ii) The Security Instrument; (iii) The Guaranty; (iv) The Environmental Indemnity Agreement; (v) The Contractor Consent and Agreement (attaching a copy of the Construction Contract); (vi) The Architect Consent and Agreement (attaching a copy of the Architect’s Contract); (vii) The Engineer’s Consent and Agreement (attaching a copy of the Engineer’s Contract); (viii) The Developer Subordination Agreement (attaching a copy of the Development Agreement); and (ix) Borrower Financing Statement.
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Loan Documents and Certain Third Party Documents. Lender shall have received on the date hereof (or on the date as specified below) the following documents fully executed and in form and substance satisfactory to Lender: (i) The Note; (ii) The Deed of Trust; (iii) The Guaranty; (iv) The Environmental Indemnity Agreement; (v) The Contractor Consent and Agreement (attaching a copy of the Construction Contract) within thirty (30) days of the Closing Date; (vi) The Architect Consent and Agreement (attaching a copy of the Architect’s Contract) within thirty (30) days of the Closing Date; (vii) The Engineer’s Consent and Agreement (attaching a copy of the Engineer’s Contract) within thirty (30) days of the Closing Date; (viii) The Developer Subordination Agreement (attaching a copy of the Development Agreement);
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Loan Documents and Certain Third Party Documents. Lender shall have received on or before the date of this Agreement, the following documents fully executed and in form and substance satisfactory to Lender: (i) Loan Documents; (ii) Borrower Financing Statement; (iii) BAQ; (iv) the Contractor Subordination Agreement; (v) the Architect Subordination Agreement; and (vi) Engineer Subordination Agreement.
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Loan Documents and Certain Third Party Documents. Administrative Agent shall have received on the date hereof the following documents fully executed and in form and substance satisfactory to Administrative Agent: (i) The Notes; (ii) The Deeds of Trust; (iii) The Repayment Guaranty; (iv) The Environmental Indemnity Agreements; (v) The Property Manager Subordination Agreement for the Greenhouse Property (attaching a copy of the Property Management Agreement); (vi) Borrower Financing Statement; (vii) Administrative Agent's Disbursement and Rate Management Signature Authorization and Instruction Form.
Sample 1
Loan Documents and Certain Third Party Documents. Administrative Agent shall have received on the date hereof the following documents fully executed and in form and substance satisfactory to Administrative Agent: (i) The Notes; (ii) The Mortgage; (iii) The Assignment of Rents; (iv) The Limited Guaranty; (v) The Environmental Indemnity Agreement (vi) The Property Manager Subordination Agreement (attaching a copy of the Property Management Agreement); (vii) Intentionally Omitted; (viii) Borrower Financing Statement; (ix) Intentionally Omitted; (x) Intentionally Omitted; (xi) Intentionally Omitted; (xii) Intentionally Omitted; (xiii) A completed questionnaire for disbursement instructions, rate elections and other administrative matters in the form approved by Administrative Agent.
Sample 1
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Loan Documents and Certain Third Party Documents. Administrative Agent shall have received on the date hereof the following documents fully executed and in form and substance satisfactory to Administrative Agent: (i) The Notes; (ii) The Institute Mortgage; (iii) The Xxx Xxxxxx DOT Amendment; (iv) The Repayment Guaranty; (v) The Environmental Indemnity Agreement; (vi) The Fee Letter; (vii) The Property Manager Subordination Agreement for the Institute Property (attaching a copy of the Property Management Agreement); (viii) Borrower Financing Statement for Institute Borrower; (ix) Administrative Agent’s Disbursement and Rate Management Signature Authorization and Instruction Form.
Sample 1

Related to Loan Documents and Certain Third Party Documents

  • Compliance with Loan Documents Borrowers will comply in all material respects with any and all covenants and provisions of this Loan Agreement, the Notes and all other of the Loan Documents.

  • Non-Compliance with Loan Documents (a) Failure by any Loan Party to comply with or to perform any covenant set forth in Section 10.1.5, 10.3(b), 10.5 or 10.9 or Section 11; or (b) failure by any Loan Party to comply with or to perform any other provision of this Agreement or any other Loan Document (and not constituting an Event of Default under any other provision of this Section 13) and continuance of such failure described in this clause (b) for 30 days.

  • Related Party Agreements 34 7.5 Cooperation................................................... 34 7.6 Conduct of Business Pending Closing........................... 35 7.7

  • Certain Operative Agreements Furnish to the Liquidity Provider with reasonable promptness, such Operative Agreements entered into after the date hereof as from time to time may be reasonably requested by the Liquidity Provider.

  • Agreements and Documents Parent and the Company shall have received the following agreements and documents, each of which shall be in full force and effect: (a) Affiliate Agreements in the form of Exhibit K, executed by the Persons identified on Exhibit L and by any other Person who could reasonably be deemed to be an “affiliate” of the Company for purposes of the Securities Act; (b) the Escrow Agreement in a the form of Exhibit M; (c) the employment offer letters in substantially the form attached hereto as Exhibit N, executed by the individuals identified on Exhibit E; (d) Noncompetition Agreements in the form of Exhibit F, executed by the individuals identified on Exhibit E; (e) a Release in the form of Exhibit O, executed by the Persons identified on Exhibit P; (f) confidential invention and assignment agreements, attached hereto as Exhibit H, executed by all employees of the Company and by all consultants and independent contractors to the Company who have not already signed such agreements, including Xxxxxxx Xxxxx; (g) the statement referred to in Section 5.8(a), executed by the Company; (h) a legal opinion of Sheppard, Mullin, Xxxxxxx & Hampton LLP dated as of the Closing Date, in the form of Exhibit Q, which legal opinion shall be subject to customary qualifications; (i) a certificate executed by the Company and containing the representation and warranty of the Company that each of the conditions set forth in Sections 6.1, 6.2, 6.4 and 6.10 have been duly satisfied (the “Company Closing Certificate”); and (j) a certificate executed by the Secretary of the Company attaching and certifying the Company’s current Certificate of Incorporation, Bylaws and the resolutions of the Company’s board of directors and stockholders approving and adopting this Agreement, the Merger and the other transactions contemplated by this Agreement; (k) the Certificate of Merger, executed by the Company; (l) the Company Acknowledgments of Payment and Release; (m) a long-form certificate of good standing from the Secretary of State of the State of Delaware which is dated within two Business Days prior to Closing with respect to the Company; (n) a Certificate of Status of Foreign Corporation of the Company from the applicable Governmental Authority in each jurisdiction where it is required to be qualified to do business, all of which are dated within five (5) Business Days prior to the Closing; and (o) a spreadsheet (the “Closing Payment Schedule”), duly certified by an officer of the Company setting forth: (i) the Closing Date Stockholder Liability Amount; (ii) the name and address of each of the holders of the Company Capital Stock, Company Warrants and Company Options as of immediately prior to the Effective Time and the number of shares of Company Capital Stock, Company Warrants and Company Options of each class and series held by each such stockholder immediately prior to the Effective Time; (iii) the consideration that each such stockholder is entitled to receive pursuant to Sections 1.5(a), 1.6 and 1.7; and (iv) the amount to be contributed to the Escrow Fund by Parent on behalf of each Escrow Contributor pursuant to Section 1.10. (p) written resignations of all officers and directors of the Company, effective as of the Effective Time.

  • Collective Agreements There are no collective agreements affecting your terms and conditions of employment.

  • Effects on Loan Documents Except as specifically amended herein or contemplated hereby, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Lenders or the Administrative Agent under the Loan Documents. Holdings, the Borrowers and each of the Subsidiary Guarantors acknowledges and agrees that, on and after the First Amendment Effective Date, this Amendment shall constitute a Loan Document for all purposes of the Amended Credit Agreement. On and after the First Amendment Effective Date, each reference in the Amended Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment, and this Amendment and the Credit Agreement as amended by this Amendment shall be read together and construed as a single instrument. Nothing herein shall be deemed to entitle Holdings, the Borrowers nor the Subsidiary Guarantors to a further consent to, or a further waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement as amended by this Amendment or any other Loan Document in similar or different circumstances.

  • Certain Documents The Administrative Agent and the Successor Administrative Agent shall have received each of the following, dated as of the Effective Date (unless otherwise agreed to by the Administrative Agent and the Successor Administrative Agent), in form and substance satisfactory to the Administrative Agent and the Successor Agent: (i) this Amendment, duly executed by the Borrower, the Administrative Agent, each 2010 Extending Term Lender, each 2010 Extending Revolving Lender and the Required Lenders; (ii) the Consent, Agreement and Affirmation of Guaranty in the form attached hereto as Exhibit A (the “Guarantor Consent”), duly executed by each of the Guarantors; (iii) (x) the DBNY Resignation and Assignment Agreement, in the form attached hereto as Exhibit B, duly executed by the Borrower, the Guarantors, the Existing Agent and the Successor Agent, dated as of the date hereof and (y) the “Effective Date” under, and as defined in, the DBNY Resignation and Assignment Agreement shall have occurred; (iv) certified copies of resolutions of the Board of Directors or Sole Member, as applicable, of each Loan Party approving the execution, delivery and performance of this Amendment and the other Loan Documents delivered in connection herewith to which such Loan Party is a party; (v) a favorable opinion of Xxxx Xxxxxxx, P.C., counsel to the Loan Parties, in form and substance reasonably satisfactory to the Successor Administrative Agent and addressing such matters relating to this Amendment as the Successor Administrative Agent may reasonably request; (vi) a copy of the notice delivered by a Responsible Officer of the Borrower (or by an authorized attorney at Xxxx Xxxxxxx, P.C, counsel to the Borrower), to each Local Agent in respect of each outstanding Local Credit Facility pursuant to the requirements of Section 5.4(c)

  • Amendments to Loan Documents Upon any such assignment, the Borrower and the Guarantors shall, upon the request of the Agent, enter into such documents as may be reasonably required by the Agent to modify the Loan Documents to reflect such assignment.

  • Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc (a) Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its Indebtedness or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Indebtedness if such amendment, modification or change would (i) increase the interest rate on such Indebtedness; (ii) accelerate the dates upon which payments of principal or interest are due on, or increase the principal amount of, such Indebtedness; (iii) change in a manner materially adverse to the Borrower any event of default or add or make more restrictive any covenant with respect to such Indebtedness; (iv) change in a manner adverse to the Borrower, the prepayment, redemption or put provisions of such Indebtedness; (v) change the subordination provisions thereof (or the subordination terms of any guaranty thereof), if any; or (vi) change or amend any other term if such change or amendment would increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to the Borrower or the Lender, except in the case of this Section 7.7(a), if the incurrence of such Indebtedness, upon such amended terms, is not prohibited hereunder. (b) Except as permitted by Section 7.2, amend, modify or otherwise change its name, jurisdiction of formation or organizational identification number, in each case without providing the Lender not less than five (5) days prior written notice (or such shorter notice as the Lender may consent to in writing in its sole discretion). (c) Without not less than five (5) days prior written consent of the Lender, change any executive officer of the Borrower. (d) Amend, modify or otherwise change its Formation Documents or any agreement or arrangement entered into by it, with respect to any of its Equity Interests, or enter into any new agreement with respect to any of its Equity Interests, except any such amendments, modifications or changes or any such new agreements or arrangements pursuant to this Section 7.7(d) that, either individually or in the aggregate, are not adverse to the Lender and could not reasonably be expected to result in a Material Adverse Change.

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