Receipt by the. Fiscal Agent of the original executed Xxxxxxxx Notes, endorsed to the Fiscal Agent by the Governmental Lender;
Receipt by the. Funding Lender of a copy of the executed Security Instrument, the Assignment, the Construction Phase Financing Agreement and the Construction Continuing Covenant Agreement;
Receipt by the. Funding Lender of a certified copy of the Resolution;
Receipt by the. Administrative Agent of a certificate signed by a Responsible Officer of the Borrower certifying that, on the Second Amendment Effective Date, immediately before and immediately after giving effect to this Amendment and the transactions contemplated hereby, (a) the conditions set forth in Sections 5.2.4 and 5.2.5 are satisfied, (b) the Borrower and its Subsidiaries, taken as a whole, are Solvent, and (c) Xxxxxxxxx Realty Group, Inc., a Pennsylvania corporation (“Armstrong Realty”), is not a Material Domestic Subsidiary.
Receipt by the. Administrative Agent and the Lenders of the consolidated financial statements of the Borrower and its Subsidiaries for each of fiscal years 1995 and 1996, including balance sheets and income and cash flow statements, in each case audited by independent public accountants of recognized national standing and containing an unqualified opinion of such firm that such statements present fairly, in all material respects, the consolidated financial position and results of operations of the Borrower and its Subsidiaries, respectively, and are prepared in conformity with GAAP;
Receipt by the. Administrative Agent of a Note duly executed by the Borrower in favor of each new Lender that is joining the Credit Agreement by executing this Amendment and has requested a Note from the Borrower.
Receipt by the. Funding Lender of any other documents or opinions that the Funding Lender or Tax Counsel may require.
Receipt by the original Lender specified in Schedule 1 (The lenders and their Commitments) of this Agreement of the amount referred to in Clause 20.1 (a) representing the Evaluation Costs and Expenses and of any other fees, costs and expenses due under Clause 20 of this Agreement;
