Receipt of Instruments. The Lender or its counsel shall have received each of the following Instruments:
(i) this Agreement, duly executed by an Authorized Officer of the Borrower;
(ii) the Note, duly executed by an Authorized Officer of the Borrower;
(iii) the Mortgage Amendment, the Ratification and Confirmation and each of the other Collateral Agreements, together with appropriate UCC financing statements relating thereto, duly executed by an Authorized Officer of the Borrower and by all other Persons parties thereto;
(iv) an Omnibus Certificate of the Borrower, substantially in the form of Exhibit B hereto, duly executed by an Authorized Officer of the Borrower;
(v) a legal opinion from legal counsel for the Borrower, in form and content reasonably acceptable to the Lender and substantially in the form of the legal opinion delivered to the Lender in connection with the Existing Agreement;
(vi) a Title Opinion from Nevada legal counsel to the Borrower, in form and content reasonably acceptable to the Lender;
(vii) a supplemental legal opinion from Nevada legal counsel to the Borrower, in form and content reasonably acceptable to the Lender, confirming the perfection in favor of the Lender of enforceable first priority Liens on the Collateral Royalties and on the other property rights and interests of the Borrower subject to the Collateral Agreements, substantially in the form of the security legal opinion delivered to the Lender in connection with the Existing Agreement;
(viii) a certificate from the Secretary of State of Delaware confirming the good standing of the Borrower in that State;
(ix) certificates from the Secretaries of State of Colorado and Nevada confirming the good standing of the Borrower in each of such States;
(x) Royalty Payment Confirmations and Proceeds Agreements (or confirmations thereof) duly executed by an Authorized Officer of the Borrower and each other Person a party thereto;
(xi) a certificate from an Authorized Officer of the Borrower setting forth a calculation of the Royalty Ounces, the Projected Facility Term Revenue and the Borrowing Base as of (a) September 30, 2005, (b) December 31, 2005, (c) March 31, 2006 and (d) June 30, 2006; and
(xii) such other approvals, opinions, documents or Instruments as the Lender may reasonably request.
Receipt of Instruments. (a) CLIENT shall not accept cash or financial instruments of any manner or kind on behalf of the FIRM in the course of business, without prior written authorization.
(b) CLIENT shall not invoice any clients in the name of the FIRM, without prior written authorization.
Receipt of Instruments. REFERRAL AGENT shall not accept cash or financial instruments of any manner or kind on behalf of the FIRM in the course of business, without prior written authorization.
Receipt of Instruments. FFB shall have received from DOE each of the FFB Secretary’s Instruments and FFB Borrower’s Instruments.
