Pre-Funding Conditions and Requirements. Borrower shall furnish to Lender each of the following items, satisfactory in form and content to Lender, at Borrower’s sole expense prior to the disbursement of the Loan: 6.2.1 Certificate of Status and certified copy of Certificate of Formation of Borrower, issued by the state of Delaware, together with certified copies of Borrower’s operating agreement, and a Secretary’s certificate as to incumbency and adoption of authorizing resolutions by the Borrower. 6.2.2 Current financial statements from Borrower. 6.2.3 UCC Searches reflecting no currently effective financing statements affecting the collateral for the Loan, except as set forth on Schedule 6.2.3 hereto. 6.2.4 There shall have been no material adverse change in the financial condition of Borrower or Guarantor; nor any material adverse event or condition affecting Borrower or Guarantor, or the validity, enforceability or priority of the Loan and lien instruments.
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Pre-Funding Conditions and Requirements. Borrower shall furnish to Lender each of the following items, satisfactory in form and content to Lender, at Borrower’s sole expense prior to the disbursement of the Loan:
6.2.1 Certificate of Status and certified copy of Certificate of Formation Incorporation of Borrower, issued by the state of Delaware, together with certified copies of Borrower’s operating agreementbylaws, and a Secretary’s certificate as to incumbency and adoption of authorizing resolutions by the Borrower.
6.2.2 Current financial statements from Borrower.
6.2.3 UCC Searches reflecting no currently effective financing statements affecting the collateral for the Loan, except as set forth on Schedule 6.2.3 3.9 hereto.
6.2.4 There shall have been no material adverse change in the financial condition of Borrower or GuarantorBorrower; nor any material adverse event or condition affecting Borrower or GuarantorBorrower, or the validity, enforceability or priority of the Loan and lien instruments.
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