Organizational Documentation, etc. On or prior to the Closing Date, the Banks shall have received copies of true and complete certified copies of the following documents of each Credit Party, the provisions of which shall be reasonably satisfactory to the Agents:
(i) Each such Person's respective Certificate or Articles of Incorporation or Certificate of Formation or the foreign equivalent, which shall be certified and be accompanied by a good standing certificate or the foreign equivalent, if any, from the jurisdiction of its organization and good standing certificates, if any, from the jurisdictions in which it is qualified to do business as a foreign corporation, each to be dated a recent date prior to the Closing Date; and
(ii) Each such Person's respective By-laws or operating agreement or the foreign equivalent, certified as of the Closing Date by its corporate secretary.
Organizational Documentation, etc. On the Effective Date, the Banks shall have received copies of the Certificate of Incorporation and By-Laws of each Credit Party, certified as true and complete by an appropriate corporate officer or governmental authority.
Organizational Documentation, etc. Administrative Agent and each Lender shall have received copies of the Certificate of Incorporation and Bylaws of Borrower, any agreements entered into by any such entity governing the terms and relative rights of its capital stock, certified as true and complete by an appropriate corporate officer or Governmental Authority, and a Certificate of Good Standing and franchise tax good standing issued by the Delaware Secretary of State and appropriate government officials for each other state in which Borrower is qualified to do business or in which the failure to so qualify could with reasonable likelihood have a Material Adverse Effect, and the provisions of the foregoing shall be reasonably satisfactory to Lenders.
Organizational Documentation, etc. On or prior to the Closing Date, the Agent shall have received copies of a true and complete certified copy of the following documents of each of Holdings and the Borrower, the provisions of which shall be reasonably satisfactory to the Agent:
(1) Its respective Certificate of Incorporation, which shall be certified and be accompanied by a good standing certificate from the Secretary of State of the State of Delaware or its respective jurisdiction of incorporation and good standing certificates from the jurisdictions in which it is qualified to do business as a foreign corporation, each to be dated a recent date prior to the Closing Date;
(2) Its respective By-laws, certified as of the Closing Date by its corporate secretary.
Organizational Documentation, etc. 19 4.07 Adverse Change, etc............................................ 20 4.08 Litigation..................................................... 20 4.09 Termination of the Existing Credit Agreements................ 20 SECTION 5. Conditions Precedent to Loans.................................... 20 5.01 Effectiveness.................................................. 20 5.02 No Default; Representations and Warranties..................... 20 5.03 Notice of Borrowing, etc....................................... 21 SECTION 6. Representations, Warranties and Agreements...................... 21
Organizational Documentation, etc. The Lenders shall have received copies of the Certificate of Incorporation and By-Laws or other equivalent organizational documents of each Credit Party, certified on the Third Restatement Effective Date as true and complete by an appropriate Company officer or Governmental Authority.
Organizational Documentation, etc. On or prior to the Closing Date, the Administrative Agent shall have received a true and complete certified copy of the following documents of each of the Borrower and each of its Restricted Subsidiaries the provisions of which shall be reasonably satisfactory to the Agents:
(i) Copies of its certificate of incorporation, or certificate of limited partnership, as the case may be, which (A) shall be certified by, and accompanied by a good standing certificate from, the Secretary of State or similar official of the jurisdiction of its organization and (B) shall be accompanied by good standing certificates from each jurisdiction in which it is required to be qualified to do business as a foreign corporation, each to be dated a recent date prior to the Closing Date;
(ii) Copies of its by-laws or limited partnership agreement as the case may be, certified as of a recent date prior to the Closing Date by its corporate secretary or other person serving in a similar capacity.
Organizational Documentation, etc. On or prior to the Closing Date, the Lender shall have received copies of a true and complete certified copy of the following documents of each of Holdings and the Borrower and each other Credit Party:
(1) Its respective Certificate of Incorporation, which shall be certified and be accompanied by a good standing certificate from the Secretary of State of the State of Delaware or its respective jurisdiction and good standing certificates from the jurisdictions in which it is qualified to do business as a foreign corporation, each to be dated a recent date prior to the Closing Date;
(2) Its respective By-laws, certified as of the Closing Date by its corporate secretary.
Organizational Documentation, etc. The Lenders shall have received copies of the Certificate of Incorporation and By-Laws or other equivalent organizational documents of each Credit Party, certified on the Second Restatement Effective Date as true and complete by an appropriate corporate officer or governmental authority.
Organizational Documentation, etc. On or prior to the Closing Date, the Administrative Agent shall have received a true and complete certified copy of the following documents of each of Holdings, the Borrower, Newco, and Acquisition, the provisions of which shall be reasonably satisfactory to the Agents:
(i) Copies of its certificate of incorporation, or certificate of limited partnership, as the case may be, which (A) shall be certified by, and accompanied by a good standing certificate from, the Secretary of State or similar official of the jurisdiction of its organization and (B) in the case of Holdings, the Borrower, Newco and Acquisition shall be accompanied by good standing certificates from each jurisdiction in which it is required to be qualified to do business as a foreign corporation, each to be dated a recent date prior to the Closing Date;
(ii) Copies of its by-laws or limited partnership agreement as the case may be, certified as of a recent date prior to the Closing Date by its corporate secretary or other person serving in a similar capacity.
