Conditions Precedent to Credit Extensions. 45 4.01 Conditions of Initial Credit Extension...........................................................45 4.02 Conditions to all Credit Extensions..............................................................46
Conditions Precedent to Credit Extensions. 4.01 Conditions of Initial Credit Extension 4.02 Conditions to all Credit Extensions
Conditions Precedent to Credit Extensions. Section 4.01.
Conditions Precedent to Credit Extensions. Section 4.01 [Reserved].
Conditions Precedent to Credit Extensions. Conditions of Initial Credit Extension. The obligation of the L/C Issuer and each Lender to make its initial Credit Extension hereunder is subject to satisfaction of the following conditions precedent:
(a) The Administrative Agent’s receipt of the following, each of which shall be originals or telecopies or other electronic image scan transmission (e.g., “pdf” or “tif” via e-mail) (followed promptly by originals) unless otherwise specified, and each properly executed by a Responsible Officer of the signing Loan Party (if applicable):
(i) executed counterparts of this Agreement;
(ii) a Note executed by each applicable Borrower in favor of each Lender requesting a Note;
(iii) such certificates of resolutions or other action, incumbency certificates and/or other certificates of Responsible Officers of each Loan Party evidencing (A) the authority of each Loan Party to enter into this Agreement and the other Loan Documents to which such Loan Party is a party and (B) the identity, authority and capacity of each Responsible Officer thereof authorized to act as a Responsible Officer in connection with this Agreement and the other Loan Documents to which such Loan Party is a party;
(iv) copies of each Loan Party’s certificate or articles of incorporation and bylaws (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction) and a certificate of good standing (where applicable, or such other customary functionally equivalent certificates, to the extent available in the applicable jurisdiction) from such Loan Party’s jurisdiction of organization and from each jurisdiction where such Loan Party’s ownership, lease or operation of properties or the conduct of its business requires such qualification, except to the extent that failure to so qualify in such jurisdiction could not reasonably be expected to have a Material Adverse Effect;
(v) a favorable opinion of (x) Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP, special counsel to the Domestic Loan Parties, addressed to the Administrative Agent and each Domestic Lender, as to customary matters concerning the Domestic Loan Parties and the Loan Documents; and (y) Fraser Xxxxxx Casgrain LLP and XxXxxxx Xxxxxx LLP, counsels to the Canadian Loan Parties, addressed to the Canadian Agent and each Canadian Lender, as to customary matters concerning the Canadian Loan Parties and the Loan Documents;
(vi) a certificate signed by a Responsible Officer of the Lead Borrower, satisfactory in form and subst...
Conditions Precedent to Credit Extensions. Section 4.01 Conditions to Initial Credit Extension 100 Section 4.02 Conditions to All Credit Extensions after the Closing Date 102
Conditions Precedent to Credit Extensions. 4.01 Conditions of Initial Credit Extension.
Conditions Precedent to Credit Extensions. Section 4.01 Conditions to the Initial Credit Extension on the Closing Date 119 Section 4.02 Conditions to All Credit Extensions 121
Section 5.01 Existence, Qualification and Power; Compliance with Laws 121 Section 5.02 Authorization; No Contravention 121 Section 5.03 Governmental Authorization; Other Consents 122 Section 5.04 Binding Effect 122 Section 5.05 Financial Statements; No Material Adverse Effect 122 Section 5.06 Litigation 122 Section 5.07 Use of Proceeds 122 Section 5.08 Ownership of Real Property; Liens 123 Section 5.09 Environmental Compliance 123 Section 5.10 Taxes 124 Section 5.11 Employee Benefits Plans 124 Section 5.12 Subsidiaries; Capital Stock 125 Section 5.13 Margin Regulations; Investment Company Act 125 Section 5.14 Disclosure 125 Section 5.15 Compliance with Laws 125 Section 5.16 Intellectual Property 125 Section 5.17 Solvency 126 Section 5.18 Perfection, Etc. 126 Section 5.19 Sanctions; OFAC 126 Section 5.20 Anti-Corruption Laws 126 Section 6.01 Financial Statements 127 Section 6.02 Certificates; Other Information 128 Section 6.03 Notices 130 Section 6.04 Payment of Taxes 130 Section 6.05 Preservation of Existence, Etc. 130 Section 6.06 Maintenance of Properties 131 Section 6.07 Maintenance of Insurance 131 Section 6.08 Compliance with Laws 131 Section 6.09 Books and Records 131 Section 6.10 Inspection Rights 131 Section 6.11 Use of Proceeds 132 Section 6.12 Covenant to Guarantee Obligations and Give Security 132 Section 6.13 Compliance with Environmental Laws 134 Section 6.14 Further Assurances 134 Section 6.15 Maintenance of Ratings 135 Section 6.16 Post-Closing Undertakings 135 Section 6.17 No Change in Line of Business 136 Section 6.18 Transactions with Affiliates 136 Section 6.19 Lender Conference Calls 139
Conditions Precedent to Credit Extensions. Section 4.01. All Credit Events After the Closing Date 8285 Section 4.02. First Credit Event 86
Conditions Precedent to Credit Extensions. Section 4.01 Conditions to Initial Credit Extension 118 Section 4.02 Conditions to Certain Credit Extensions after the Closing Date 120
