Common use of Loan Party Documents Clause in Contracts

Loan Party Documents. On or before the Closing Date, Company shall, and shall cause each other Loan Party to, deliver to Administrative Agent with such number of originally executed copies as Administrative Agent may request the following with respect to Company or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies of the Organic Documents (with respect to OI Europe, being its certified excerpt of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary or similar officer of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization (if available from such jurisdiction) and, to the extent generally available and customary in its jurisdiction of organization, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of such jurisdiction, each dated a recent date prior to the Closing Date; (ii) Resolutions of the board of directors or, if required, the shareholders of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents to which it is a party, certified as of the Closing Date by the secretary or in the case of foreign Loan Parties, a similar officer of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantor; (iii) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (iv) Executed originals of the Loan Documents to which such Person is a party; and (v) Such other customary documents as the Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Date.

Loan Party Documents. On or before the Closing Date, Company Borrowers shall, and shall cause each wholly-owned Subsidiary (and each other Subsidiary which may execute a Loan Party Document without violating any provision of such Subsidiary's organizational documents or other agreement or instrument to which such Subsidiary is a party) to, deliver to Lenders (or to Administrative Agent for Lenders with such number of sufficient originally executed copies as Administrative Agent may request copies, where appropriate, for each Lender and its counsel) the following with respect to Company Borrowers or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies Certified copies of the Organic Documents (with respect to OI Europe, being its certified excerpt Certificate or Articles of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary Incorporation or similar officer formation documents of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization (if available from incorporation and each other state in which such jurisdiction) Person is qualified as a foreign corporation to do business and, to the extent generally available and customary in its jurisdiction of organizationavailable, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such jurisdictionjurisdictions, each dated a recent date prior to the Closing Date; (ii) Copies of the Bylaws or other similar organizational documents of such Person, certified as of the Closing Date by such Person's corporate secretary or an assistant secretary; (iii) Resolutions of the board Board of directors or, if required, the shareholders Directors or other similar governing body of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents to which it is a party, certified as of the Closing Date by the 68 CREDIT AGREEMENT corporate secretary or in the case of foreign Loan Parties, a similar officer an assistant secretary of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantoramendment; (iiiiv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals of the Loan Documents to which such Person is a party; and (vvi) Such other customary documents as the Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Daterequest.

Loan Party Documents. On or before the Closing Date, Company Holdings shall, and shall cause each other Loan Party to, deliver to Lenders (or to Administrative Agent for Lenders with such number of sufficient originally executed copies as Administrative Agent may request copies, where appropriate, for each Lender and its counsel) the following with respect to Company Holdings or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies Certified copies of the Organic Documents (with respect to OI Europe, being its certified excerpt Certificate or Articles of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary or similar officer Incorporation of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization incorporation and each other state in which such Person is qualified as a foreign corporation to do business (if available from except any such jurisdictionother state or states in which the failure to be qualified could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect (provided that no such state shall be a state in which Closing Date Mortgaged Property of the applicable Loan Party is located)) and, to the extent generally available and customary in its jurisdiction of organizationavailable, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such jurisdictionjurisdictions, each dated a recent date prior to the Closing Date; (ii) Copies of the Bylaws of such Person, certified as of the Closing Date by such Person's corporate secretary or an assistant secretary; (iii) Resolutions of the board Board of directors or, if required, the shareholders Directors of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents and Related Agreements to which it is a party, certified as of the Closing Date by the corporate secretary or in the case of foreign Loan Parties, a similar officer an assistant secretary of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantoramendment; (iiiiv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals of the Loan Documents to which such Person is a party; and (vvi) Such other customary documents as the Arranger or Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Daterequest.

Loan Party Documents. On or before the Closing Date, Company shall, and shall cause each other Loan Party to, deliver to Administrative Agent and Wxxxx Fargo (with such number of originally executed copies as Administrative Agent or Wxxxx Fargo may request which originals shall be delivered promptly after the Closing Date) the following with respect to Company or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies of the Organic Documents (with respect to OI Europe, being its certified excerpt of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary or similar officer of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization (if available from such jurisdiction) and, to the extent generally available and customary in its jurisdiction of organization, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of such jurisdiction, each dated a recent date prior to the Closing Date; (ii) Resolutions Other than for O-I NZ and each New Zealand Guarantor, resolutions of the board of directors or, if required, the shareholders of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents to which it is a party, certified as of the Closing Date by the secretary or in the case of foreign Loan Parties, a similar officer of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantor; (iii) For O-I NZ and each New Zealand Guarantor, a certificate signed by a director of the relevant company confirming, among other things, that the execution, delivery and performance of the Loan Documents to which it is a party has been approved and authorized, accompanied by an entitled persons agreement executed by O-I International Pty Ltd. (as sole shareholder of O-I NZ); (iv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals copies of the Loan Documents to which such Person is a partyparty and which are to be executed on the Closing Date, including (without limitation) this Agreement, duly executed by each Loan Party hereto and each Lender (which shall constitute the “Requisite Lenders” under, and as defined in, the Existing Credit Agreement) and each Issuing Lender; and (vvi) Such other customary documents as the Administrative Agent or Wxxxx Fargo may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Date.

Loan Party Documents. On or before the Closing Date, Company Borrowers shall, and shall cause each other Loan Party to, deliver to Lenders (or to Administrative Agent for Lenders with such number of sufficient originally executed copies as Administrative Agent may request copies, where appropriate, for each Lender and its counsel) the following with respect to Company each Borrower or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies of the Organic Organizational Documents (with respect to OI Europe, being its certified excerpt of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document certification is of a type that may not be so certifiedgenerally available and in each other case, certified by the its secretary or similar officer of such Personassistant secretary; (ii) To the extent generally available, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization (if available from such jurisdiction) and, to the extent generally available requested by Arranger or Administrative Agent, each other State in which such Person is qualified as a foreign entity to do business and customary in its jurisdiction of organization, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such jurisdictionjurisdictions, each dated a recent date prior to the Closing Date; (iiiii) Resolutions of the Board of Directors, board of directors or, if required, the shareholders managers or other required authorizing authority of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents and Related Agreements to which it is a party, certified as of the Closing Date by the corporate secretary or in the case of foreign Loan Parties, a similar officer an assistant secretary of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantoramendment; (iiiiv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals of the Loan Documents to which such Person is a party; and (vvi) Such other customary documents as the Arranger or Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Daterequest.

Loan Party Documents. On or before the Closing Effective Date, Company shall, and shall cause each other Loan Party to, deliver to Lenders (or to Administrative Agent for Lenders with such number of sufficient originally executed copies as Administrative Agent may request copies, where appropriate, for each Lender and its counsel) the following with respect to Company or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Effective Date: (i) Copies Certified copies of the Organic Documents (with respect to OI Europe, being its certified excerpt Certificate or Articles of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary or similar officer Incorporation of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization incorporation and each other state in which such Person is qualified as a foreign corporation to do business (if available from except, with respect to Loan Parties other than Company, any such jurisdictionother state or states in which failure to be qualified could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect (provided that no such state shall be a state in which real property of the applicable Loan Party is located)) and, to the extent generally available and customary in its jurisdiction of organizationavailable, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such jurisdictionjurisdictions, each dated a recent date prior to the Closing Effective Date; (ii) Copies of the Bylaws of such Person, certified as of the Effective Date by such Person’s corporate secretary or an assistant secretary; (iii) Resolutions of the board Board of directors or, if required, the shareholders Directors of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents and Related Agreements to which it is a party, certified as of the Closing Effective Date by the corporate secretary or in the case of foreign Loan Parties, a similar officer an assistant secretary of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantoramendment; (iiiiv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals of the Loan Documents to which such Person is a party; and (vvi) Such other customary documents as the Syndication Agent or Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Daterequest.

Loan Party Documents. On or before the Closing Date, Company shall, and shall cause each other Loan Party to, deliver to Administrative Agent and Xxxxx Fargo (with such number of originally executed copies as Administrative Agent or Xxxxx Fargo may request which originals shall be delivered promptly after the Closing Date) the following with respect to Company or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies of the Organic Documents (with respect to OI Europe, being its certified excerpt of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary or similar officer of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization (if available from such jurisdiction) and, to the extent generally available and customary in its jurisdiction of organization, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of such jurisdiction, each dated a recent date prior to the Closing Date; (ii) Resolutions Other than for O-I NZ and each New Zealand Guarantor, resolutions of the board of directors or, if required, the shareholders of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents to which it is a party, certified as of the Closing Date by the secretary or in the case of foreign Loan Parties, a similar officer of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantor; (iii) For O-I NZ and each New Zealand Guarantor, a certificate signed by a director of the relevant company confirming, among other things, that the execution, delivery and performance of the Loan Documents to which it is a party has been approved and authorized, accompanied by an entitled persons agreement executed by O-I International Pty Ltd. (as sole shareholder of O-I NZ); (iv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals copies of the Loan Documents to which such Person is a partyparty and which are to be executed on the Closing Date, including (without limitation) this Agreement, duly executed by each Loan Party hereto and each Lender (which shall constitute the “Requisite Lenders” under, and as defined in, the Existing Credit Agreement) and each Issuing Lender; and (vvi) Such other customary documents as the Administrative Agent or Xxxxx Fargo may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Date.

Loan Party Documents. On or before the Closing Date, Company shall, and shall cause each other Loan Party to, deliver to Administrative Agent (with such number of originally executed copies as Administrative Agent may request which originals shall be delivered promptly after the Closing Date) the following with respect to Company or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies of the Organic Documents (with respect to OI Europe, being its certified excerpt of the commercial register of the canton of Vaud and its certified copy of the articles of association) of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) or, if such document is of a type that may not be so certified, certified by the secretary or similar officer of such Person, together with a good standing certificate from the Secretary of State (or other applicable authority) of its jurisdiction of organization (if available from such jurisdiction) and, to the extent generally available and customary in its jurisdiction of organization, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of such jurisdiction, each dated a recent date prior to the Closing Date; (ii) Resolutions Other than for each New Zealand Borrower and each New Zealand Guarantor, resolutions of the board of directors or, if required, the shareholders of such Person (with respect to OI Europe), being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Loan Documents to which it is a party, certified as of the Closing Date by the secretary or in the case of foreign Loan Parties, a similar officer of such Person as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantor; (iii) For ACI NZ and each New Zealand Guarantor, a certificate signed by a director of the relevant company confirming, among other things, that the execution, delivery and performance of the Loan Documents to which it is a party has been approved and authorized, accompanied by an entitled persons agreement executed by ACI International Pty Ltd. (as sole shareholder of ACI NZ); (iv) Signature and incumbency certificates of the officers of such Person executing the Loan Documents to which it is a party; (ivv) Executed originals copies of the Loan Documents to which such Person is a partyparty and which are to be executed on the Closing Date; and (vvi) Such other customary documents as the Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Date.

Loan Party Documents. On or before the Closing Date, Company shall, shall have delivered and shall cause have caused each other Loan Party to, to deliver to Lenders (or to Administrative Agent for Lenders with such number of sufficient originally executed copies as Administrative Agent may request copies, where appropriate, for each Lender and its counsel) the following with respect to Company or such other Loan Party, as the case may be, each, unless otherwise noted, dated the Closing Date: (i) Copies Certified copies of the Organic Documents (with respect to OI Europe, being its certified excerpt of the commercial register of the canton of Vaud and its certified copy of the articles of association) constating documents of such Person, certified by the Secretary of State of its jurisdiction of organization (or other applicable authority) ortogether, if such document is of a type that may not be so certifiedexcept as set forth on Schedule 4.1A(i), certified by the secretary or similar officer of such Person, together with a good standing certificate from the Secretary of State (or other applicable authorityequivalent thereto) of from its jurisdiction of organization (if available from such jurisdiction) and, except where failure to be in good standing, individually or in the extent generally available and customary aggregate, could not reasonably be expected to result in its jurisdiction of organizationa Material Adverse Effect, each other state or province in which it is qualified as a foreign organization to do business and, except where failure to be in good standing, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such jurisdictionjurisdictions, each dated a recent date prior to the Closing Date; (ii) Copies of the Bylaws or limited liability company agreement of such Person, as applicable, certified as of the Closing Date by its secretary or an assistant secretary; (iii) Resolutions of the board Board of directors or, if required, the shareholders Directors or members of such Person (with respect to OI Europe, being its resolution of the board of gérants, and its resolution of the partners’ meeting) approving and authorizing the execution, delivery and performance of the Term Loan Documents to which it is a party, certified as of the Closing Date by the its secretary or in the case of foreign Loan Parties, a similar officer of such Person an assistant secretary as being in full force and effect without modification or amendment and to the extent required a shareholders resolution in relation to each Dutch Borrower and Dutch Guarantoramendment; (iiiiv) Signature and incumbency certificates of the officers of such Person executing this Agreement and the other Term Loan Documents to which it is a party; (ivv) Executed originals of this Agreement, the Restructured Term Notes (duly executed in accordance with subsection 2.1E, drawn to the order of each applicable Lender and with appropriate insertions) and the other Term Loan Documents to which such Person is a party; and (vvi) Such other customary documents as the Administrative Agent may reasonably request with sufficient notice to the relevant Loan Parties prior to the Closing Daterequest.