Original Closing Date. The Original Closing Date shall have occurred on or before December 12, 2013.
Original Closing Date. The obligations of (a) the Lenders (including the Swingline Lenders) to make Loans and (b) any Issuing Bank to issue Letters of Credit or increase the stated amounts of Letters of Credit requested in each case to be made by them on the Original Closing Date was subject to the satisfaction of all of the conditions precedent set forth in Section 4.02 of the Original Credit Agreement.
Original Closing Date. The obligation of each Lender to make Loans hereunder, the obligation of the Swingline Lender to make Swingline Loans hereunder and the obligation of the Fronting Bank to issue, amend, extend or renew any Letter of Credit hereunder on the Closing Date were subject to the satisfaction of the following conditions:
(a) The Lenders shall have received a favorable written opinion of each of (i) Xxxxxxx Xxxxxxx, Vice President, Secretary and General Counsel of SSCC, JSCE, SNC and the Borrower, (ii) Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP, counsel for SSCC, JSCE, SNC and the Borrower on the Closing Date, and (iii) each local counsel listed on Schedule 5.02(a), in each case (A) dated the Closing Date, (B) addressed to the Senior Managing Agents, the Administrative Agent, the Managing Agents, the Fronting Bank, the Lenders, the Swingline Lender and the Collateral Agent and (C) covering such other matters relating to the Loan Documents and the Transactions as the Senior Managing Agents shall reasonably request. SSCC, JSCE and the Borrower hereby instruct such counsel to deliver such opinions.
(b) All legal matters incident to this Agreement and the Borrowings hereunder shall be satisfactory to the Lenders and to Cravath, Swaine & Xxxxx, counsel for the Administrative Agent and the Senior Managing Agents on the Closing Date.
(c) The Lenders shall have received (i) a copy of the certificate of incorporation, including all amendments thereto, of each Loan Party, certified as of a recent date by the Secretary of State of the state of its organization, and a certificate as to the good standing of each Loan Party as of a recent date, from such Secretary of State; (ii) a certificate of the Secretary or Assistant Secretary of each Loan Party dated the Closing Date and certifying (A) that attached thereto is a true and complete copy of the by-laws of such Loan Party, as in effect on the Closing Date and at all times since a date prior to the date of the resolutions described in clause (B) below, (B) that attached thereto is a true and complete copy of resolutions duly adopted by such Loan Party, authorizing the execution, delivery and performance of the Loan Documents to which such Loan Party is or will be a party and, in the case of the Borrower, the borrowings hereunder, and that such resolutions have not been modified, rescinded or amended and are in full force and effect as of the Closing Date, (C) that the certificate of incorporation of such Loan Party has not been am...
Original Closing Date. The obligation of each Lender and, if applicable, each Issuing Bank to fund the initial Credit Extension requested to be made by it on the closing date of the Existing Credit Agreement was subject to the satisfaction of all of the conditions precedent set forth in Section 4.1 of the Existing Credit Agreement.
Original Closing Date. Collateral Documents
Original Closing Date. January 7, 2009.
Original Closing Date. February 29, 2012.
Original Closing Date. December 19, 2008.
Original Closing Date. August 22, 2001. outstanding. With respect to the Revolving Credit Loans, the aggregate unpaid principal thereof as of any date of determination. Parent. XxXxxxxxx & Xxxxxxx Acquisition Corp. II, a Delaware corporation. Parent Guaranty. The Amended and Restated Parent Guaranty, dated as of the Closing Date, as the same may be amended from time to time hereafter, made by Parent in favor of the Lenders and the Administrative Agent pursuant to which the Parent guaranties to the Lenders and the Administrative Agent the payment and performance of the Obligations and in form and substance satisfactory to the Lenders and the Administrative Agent.
Original Closing Date. The day which is the one hundred fiftieth (150th) day after the Effective Date.
