Preconditions to Loans Sample Clauses

Preconditions to Loans. 4.1 Initial Reducing Revolver Loan and Initial Revolving Credit Loan or Letter of Credit. Notwithstanding any provision contained herein to the contrary, Lenders shall have no obligation to make any Loan hereunder, and Agent shall have no obligation to issue any Letter of Credit, unless Agent and Lenders shall have received no later than December 31, 1996 the following: (a) This Agreement and the Notes, each executed by a duly authorized officer of the Borrower; (b) The Security Agreement, financing statements, motor vehicle title lien applications and such other documents as Agent may reasonably require under Section 5.1, each executed by a duly authorized officer of the Borrower; (c) The Subsidiary Guaranties executed and delivered by a duly authorized officer of each of the respective Subsidiaries of Borrower in existence on the date hereof; (d) The Subsidiary Security Agreements, financing statements, motor vehicle title lien applications and such other documents as Agent may reasonably require under Section 5.4, each executed by a duly authorized officer of each of the respective Subsidiaries of Borrower; (e) The Trademark Assignment and such other documents as Agent may reasonably require under Section 5.2, each executed by a duly authorized officer of the Borrower required to execute such agreement; (f) The Pledge Agreement, together with such collateral schedules, Reg. U-1 affidavits, stock powers (signed in blank) and other documents as Agent may reasonably require under Section 5.3, each executed by a duly authorized officer of the Borrower; (g) The policies or certificates of insurance required by Section 7.1(d) herein; (h) A copy of resolutions of the Board of Directors of Borrower, duly adopted, which authorize the execution, delivery and performance of this Agreement, the Notes, the Security Agreement, the Pledge Agreement, the Trademark Assignment and the other Transaction Document to be executed by Borrower, certified by the President and Secretary of Borrower; (i) A copy of resolutions of the Boards of Directors of each of the Subsidiaries, each duly adopted, authorizing the execution, delivery and performance by each such Subsidiary of its Subsidiary Guaranty, its Subsidiary Security Agreement and any other Transaction Documents to be executed by such Subsidiary, certified by the Vice President and Assistant Secretary, respectively, of such Subsidiary; (j) Copies of the Articles of Incorporation of Borrower and each of its Subsidiaries, i...
Sample 1See All (4)
AutoNDA by SimpleDocs
Preconditions to Loans. The Borrower has satisfied all of the preconditions to the making of the Requested Loan set forth in the Agreement and the Loan Documents. The proceeds of the Requested Loan should be funded in accordance with the wiring instructions attached hereto as Schedule 1. Please notify _____________ of the Company when the Bank has received a confirmation number for the wiring of the proceeds of the Requested Loan. XXXXXX DENTAL MANAGEMENT SERVICES, INC., a Colorado corporation By: /s/ Xxxxxx X. Xxxxx Its: The undersigned financial officer of Xxxxxx Dental Management Services, Inc. hereby certifies that the following is a true and accurate calculation of the Covenants as of the date specified above, determined in accordance with the requirements of the Third Amended and Restated Credit Agreement dated June 29, 2012, between Xxxxxx Dental Management Services, Inc. (“Borrower”) and KeyBank National Association (“Lender”). Name: Title: Date:
Sample 1
Preconditions to Loans. Notwithstanding any provision contained herein to the contrary, Bank shall have no obligation to make the Loans hereunder unless Bank shall have first received: 1. this Agreement and the Notes, each executed by a duly authorized officer of Borrower; 2. the duly executed Security Agreements, Patent, Trademark and License Security Agreement, Kansas Assignment of Leases and Rents, Kansas Mortgage, Missouri Deed of Trust, Oklahoma Assignment of Leases and Rents, Oklahoma Mortgage, financing statements and such other documents as Bank may reasonably require under Section 6; 3. the Pledged Note, executed by an authorized officer of LMIV Holding, Ltd., which Pledged Note shall have been endorsed and delivered by LMI Aerospace, Inc. to Bank; 4. a Subordination Agreement (which must be in form and substance satisfactory to Bank) duly executed by Brian Geary; 5. a copy of resolutions of the Bxxxx xx Xxxectors of Borrower, duly adopted, which authorize the execution, delivery and performance of this Agreement, the Notes, the Security Agreements, the Kansas Assignment of Leases and Rents, the Kansas Mortgage, the Missouri Deed of Trust, the Oklahoma Assignment of Leases and Rents, the Oklahoma Mortgage, and the other Transaction Documents, certified by the President and Secretary of Borrower; 6. a copy of the Certificate or Articles of Incorporation of Borrower, including any amendments thereto, certified by the Secretary of State of the State of Missouri, the State of Oklahoma and of the State of California, as applicable, or a certificate of the Secretary or Assistant Secretary of the appropriate Borrower certifying that no changes have occurred since they were last furnished to Bank; 7. a copy of the By-Laws of Borrower, including any amendments thereto, certified by the Secretary of Borrower or a certificate of the Secretary or Assistant Secretary of the appropriate Borrower certifying that no changes have occurred since they were last furnished to Bank;
Sample 1
Preconditions to Loans. 4.1 Initial Revolving Credit Loan or Letter of Credit----------------29 4.2 Subsequent Revolving Credit Loans--------------------------------30
Sample 1
Preconditions to Loans. 46 4.1 Initial Loan 46 4.2 Subsequent Revolving Credit Loans 48
Sample 1
Preconditions to Loans 
Sample 1Sample 2Sample 3See All (13)

Related to Preconditions to Loans

  • CONDITIONS TO LOANS The obligations of Lenders to make Loans are subject to satisfaction of all of the applicable conditions set forth below.

  • Conditions to Loan Section 3.1 Conditions to Funding of the Loan on the Closing Date......................................... 33

  • Conditions to Initial Loans The agreement of each Lender to make Loans hereunder and the effectiveness of this Agreement is subject to the satisfaction, prior to or on the Closing Date, of the following conditions precedent, which conditions precedent apply to and shall be satisfied by the Borrower:

  • Conditions to All Loans The obligation of each Lender to make its Loans on each Funding Date are subject to the following conditions precedent: A. Administrative Agent shall have received before that Funding Date, in accordance with the provisions of subsection 2.1B, a duly executed Notice of Borrowing, in each case signed by a duly authorized Officer of Company. B. As of that Funding Date: (i) The representations and warranties contained herein and in the other Loan Documents shall be true, correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; provided, that, if a representation and warranty is qualified as to materiality, the materiality qualifier set forth in this subsection 4.2B(i) shall be disregarded with respect to such representation and warranty, for purposes of this condition; (ii) No event shall have occurred and be continuing or would result from the consummation of the borrowing contemplated by such Notice of Borrowing that would constitute an Event of Default or a Potential Event of Default; (iii) No order, judgment or decree of any arbitrator or Government Authority shall purport to enjoin or restrain such Lender from making the Loans to be made by it on that Funding Date; (iv) Company shall have delivered such other certificates or documents that Administrative Agent shall reasonably request, in form and substance reasonably satisfactory to Administrative Agent; and (v) Unless and until the Senior Subordinated Note Indenture shall have been satisfied and discharged, if after giving effect to the making of the Loans and the use of proceeds thereof, the aggregate amount of Obligations would exceed the maximum amount of “Senior Credit Facilities” Indebtedness permitted to be incurred pursuant to Section 4.03(b)(1) of the Senior Subordinated Note Indenture, Company shall have delivered a certificate, signed by an Officer of Company, with calculations in reasonable detail demonstrating (if such demonstration is requested by Administrative Agent) that the incurrence of the Loans by Company would then be permitted by the Senior Subordinated Notes Indenture.

  • Conditions to All Advances The obligation of each Lender to participate in any Advance, including the initial Advance, shall also be subject to the satisfaction of the conditions precedent that on the date of such Advance: (a) the Administrative Agent shall have received a properly completed Disbursement Claim signed by an Authorized Officer of each of the Borrower and Ericsson and confirming the accuracy of the statements applicable to the Borrower in clause (b); (b) each of the representations and warranties of the Borrower and each other Loan Party contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement or any other Loan Document is true and correct in all material respects immediately prior to, and after giving effect to, the making of such Advance and the application of the proceeds therefrom, as though made on and as of such date (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties relate expressly to an earlier date); (c) no event has occurred and is continuing, or would result from making such Advance or from the application of the proceeds therefrom, that constitutes an Event of Default, Potential Event of Default or default under any other Loan Document; (d) no change shall have occurred in any law or regulations thereunder or interpretations thereof that in the reasonable opinion of any Lender would make it illegal for such Lender to make such Advance and no order of any court or Governmental Body has been entered prohibiting the consummation of the transactions contemplated by the Loan Documents; (e) each Lender shall have received such statements in form and substance reasonably satisfactory to such Lender as such Lender shall require for the purpose of compliance with any applicable regulations of the Comptroller of the Currency or the Board of Governors of the Federal Reserve System; (f) the Administrative Agent shall have received such other approvals, opinions or documents as any Lender through the Administrative Agent may reasonably request; (g) the Administrative Agent shall: (i) have received evidence reasonably satisfactory to the Administrative Agent showing the aggregate amount of Eligible Swedish Goods and Services that have been incurred by the Borrower and its Subsidiaries through the date of such Advance; (ii) have received the EKN Guarantee for each previous Advance made at least one month before the date of the requested Advance, each duly executed by EKN and in form and substance satisfactory to each Lender; and (iii) have received evidence satisfactory to it that all premia and fees, if any, outstanding to EKN in respect of the EKN Guarantees for each previous Advance shall have been unconditionally and irrevocably paid in full; and (h) no events or circumstances described in the first paragraphs before the provisos to Section 12.1(f)(i), (f)(ii) of (f)(iii) in relation to any Grandparent Debt Default shall have occurred and be subsisting.

  • CONDITIONS TO ALL BORROWINGS The obligations of the Lenders to make any Loan or issue any Letter of Credit, whether on or after the Closing Date, shall also be subject to the satisfaction of the following conditions precedent:

  • Conditions to Obligations OF EACH PARTY TO EFFECT THE MERGER. The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of the following conditions:

  • Conditions to Initial Advances The agreement of Lenders to make the initial Advances requested to be made on the Closing Date is subject to the satisfaction, or waiver by Agent, immediately prior to or concurrently with the making of such Advances, of the following conditions precedent:

  • CONDITIONS TO LOANS AND LETTERS OF CREDIT The obligations of Lenders to make Loans and the issuance of Letters of Credit hereunder are subject to the satisfaction of the following conditions.

  • Conditions to Letters of Credit The issuance of any Letter of Credit hereunder (whether or not the applicable Issuing Lender is obligated to issue such Letter of Credit) is subject to the following conditions precedent: A. On or before the date of issuance of the initial Letter of Credit pursuant to this Agreement, the initial Loans shall have been made. B. On or before the date of issuance of such Letter of Credit, Administrative Agent shall have received, in accordance with the provisions of subsection 3.1B(i), an originally executed Notice of Issuance of Letter of Credit, in each case signed by the chief executive officer, the chief financial officer or the treasurer of Company or by any executive officer of Company designated by any of the above-described officers on behalf of Company in a writing delivered to Administrative Agent, together with all other information specified in subsection 3.1B(i) and such other documents or information as the applicable Issuing Lender may reasonably require in connection with the issuance of such Letter of Credit. C. On the date of issuance of such Letter of Credit, all conditions precedent described in subsection 4.2B shall be satisfied to the same extent as if the issuance of such Letter of Credit were the making of a Loan and the date of issuance of such Letter of Credit were a Funding Date.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!