Common use of Loan Documents, Resolutions, Opinions, and Other Documents Clause in Contracts

Loan Documents, Resolutions, Opinions, and Other Documents. Borrower shall have delivered, or caused to be delivered, to Lender the following, in each case in form and substance satisfactory to Lender and its counsel: (i) this Agreement, the Notes (other than the Note representing the Term Loan) and each of the other Loan Documents all properly executed; (ii) if requested by Lender, financing statements and each of the other documents to be executed and/or delivered by Borrower, the Guarantors, or any other Person pursuant to this Agreement; (iii) certified copies of (1) resolutions of Borrower and each Guarantor’s board of directors or managing members (as applicable) authorizing the execution, delivery and performance of this Agreement, the Notes to be issued hereunder and each of the other Loan Documents required to be delivered by such applicable party and (2) Borrower’s and each Guarantor’s articles or certificate of incorporation and by-Laws or certificate of formation and shareholders’ agreement or operating agreement, as applicable; (iv) an incumbency certificate for Borrower and each Guarantor identifying all Authorized Officers, with specimen signatures; (v) a written opinion or opinions of Borrower’s independent counsel addressed to Lender and opinions of such other counsel as Lender deems reasonably necessary; (vi) such other financial statements, reports, certifications and other operational information as Lender may reasonably require, satisfactory in all respects to Lender; (vii) certification by the president of Borrower that there has not occurred any Borrower Material Adverse Effect since December 31, 2013; (viii) payment by Borrower of all fees including, without limitation, the Upfront Fee and all of Lender’s fees and expenses associated with this Agreement; (ix) searches and certificates required under Section 3.4; (x) the Multi-Party Agreement together with any required consent of the SBA; (xi) the documents set forth on the Lender’s closing checklist previously furnished to Borrower; (xii) such other documents reasonably required by Lender.

Loan Documents, Resolutions, Opinions, and Other Documents. Borrower shall have delivered, or caused to be delivered, to Lender the following, in each case in form and substance satisfactory to Lender and its counsel: (i) this Agreement, the Notes (other than the Note representing the Term Loan) and each of the other Loan Documents all properly executed; (ii) if requested by Lender, financing statements and each of the other documents to be executed and/or delivered by Borrower, the Guarantors, or any other Person pursuant to this Agreement; (iii) certified copies of (1) resolutions of Borrower and each Guarantor’s board of directors or managing members (as applicable) authorizing the execution, delivery and performance of this Agreement, the Notes Note to be issued hereunder and each of the other Loan Documents required to be delivered by such applicable party and (2) Borrower’s and each Guarantor’s articles or certificate of incorporation and by-Laws laws or certificate of formation and shareholders’ agreement or operating agreement, as applicable; (iv) an incumbency certificate for Borrower and each Guarantor identifying all Authorized Officers, with specimen signatures; (v) a written opinion or opinions of Borrower’s independent counsel addressed to Lender and opinions of such other counsel as Lender deems reasonably necessary; (vi) such other financial statements, reports, certifications and other operational information as Lender may reasonably require, satisfactory in all respects to Lender; (vii) certification by the president of Borrower that there has not occurred any Borrower Material Adverse Effect since December 31, 20132009; (viii) payment by Borrower of all fees including, without limitation, the Upfront Facility Fee and all of Lender’s fees and expenses associated with this Agreement; (ix) searches and certificates required under Section 3.4; (x) a pledge agreement from the Parent, Small Business Finance Inc., and Crystaltech, in form and substance satisfactory to Lender; (xi) the Multi-Party Agreement together with any required consent of the SBA; (xi) the documents set forth on the Lender’s closing checklist previously furnished to BorrowerSBA and; (xii) such other documents reasonably required by Lender.

Loan Documents, Resolutions, Opinions, and Other Documents. Borrower shall have delivered, or caused to be delivered, to Lender the following, in each case in form and substance satisfactory to Lender and its counsel: (i) this Agreement, the Notes (other than the Note representing the Non-Guaranteed Term Loan) and each of the other Loan Documents all properly executed; (ii) if requested by Lender, financing statements and each of the other documents to be executed and/or delivered by Borrower, the Guarantors, or any other Person pursuant to this Agreement; (iii) certified copies of (1) resolutions of Borrower and each Guarantor’s board of directors or managing members (as applicable) authorizing the execution, delivery and performance of this Agreement, the Notes Note to be issued hereunder and each of the other Loan Documents required to be delivered by such applicable party and (2) Borrower’s and each Guarantor’s articles or certificate of incorporation and by-Laws or certificate of formation and shareholders’ agreement or operating agreement, as applicable; (iv) an incumbency certificate for Borrower and each Guarantor identifying all Authorized Officers, with specimen signatures; (v) a written opinion or opinions of Borrower’s independent counsel addressed to Lender and opinions of such other counsel as Lender deems reasonably necessary; (vi) such other financial statements, reports, certifications and other operational information as Lender may reasonably require, satisfactory in all respects to Lender; (vii) certification by the president of Borrower that there has not occurred any Borrower Material Adverse Effect since December 31, 20132011; (viii) payment by Borrower of all fees including, without limitation, the Upfront Fee and all of Lender’s fees and expenses associated with this Agreement; (ix) searches and certificates required under Section 3.4; (x) the Multi-Party Agreement together with any required consent of the SBA; (xi) the documents set forth on the Lender’s closing checklist previously furnished to Borrower; (xii) such other documents reasonably required by Lender.

Loan Documents, Resolutions, Opinions, and Other Documents. Borrower shall have delivered, or caused to be delivered, to Lender the following, in each case in form and substance satisfactory to Lender and its counsel: (i) this Agreement, the Notes (other than the Note representing the Non-Guaranteed Term Loan) and each of the other Loan Documents all properly executed; (ii) if requested by Lender, financing statements and each of the other documents to be executed and/or delivered by Borrower, the Guarantors, or any other Person pursuant to this Agreement; (iii) certified copies of (1) resolutions of Borrower and each Guarantor’s board of directors or managing members (as applicable) authorizing the execution, delivery and performance of this Agreement, the Notes Note to be issued hereunder and each of the other Loan Documents required to be delivered by such applicable party and (2) Borrower’s and each Guarantor’s articles or certificate of incorporation and by-Laws or certificate of formation and shareholders’ agreement or operating agreement, as applicable; (iv) an incumbency certificate for Borrower and each Guarantor identifying all Authorized Officers, with specimen signatures; (v) a written opinion or opinions of Borrower’s independent counsel addressed to Lender and opinions of such other counsel as Lender deems reasonably necessary; (vi) such other financial statements, reports, certifications and other operational information as Lender may reasonably require, satisfactory in all respects to Lender; (vii) certification by the president of Borrower that there has not occurred any Borrower Material Adverse Effect since December 31, 20132010; (viii) payment by Borrower of all fees including, without limitation, the Upfront Fee and all of Lender’s fees and expenses associated with this Agreement; (ix) searches and certificates required under Section 3.4; (x) Pledge Agreements from the Parent, Small Business Finance Inc., and Crystaltech, in form and substance satisfactory to Lender; (xi) the Multi-Party Agreement together with any required consent of the SBA; (xixii) the documents set forth on the Lender’s closing checklist previously furnished to Borrower; (xiixiii) payment by Borrower to Lender of an Administrative Fee in the amount of $12,000 required by Section 2.7(b); and (xiv) such other documents reasonably required by Lender.