Conditions Precedent and Conditions Subsequent. 2.1 The Effective Date cannot occur unless:
Conditions Precedent and Conditions Subsequent. 3.1. The Loan may be disbursed by the Lender to the Borrower, in one or more tranches and subject to the terms of Clause 2 (Amount of the Loan) hereof, upon fulfillment of the conditions precedent set out in Clause 3.2 (Conditions Precedent and Conditions Subsequent) below and such additional conditions precedent set out in Schedule I hereto (which may even include conditions precedent to drawdown of different portions of the Loan), which conditions must be complied with by the Borrower, prior to the first Date of Disbursement and each subsequent Date of Disbursement. The Lender may at its sole discretion waive or modify any or all of the Conditions Precedent, provided in Clause 3.2 (Conditions Precedent and Conditions Subsequent) below or the additional conditions precedents specified in Schedule I hereto. It is hereby clarified that the Lender shall not be required to disburse any part of the Loan to the Borrower, unless the Borrower has complied with each of the Conditions Precedent (to the extent not expressly waived in writing by the Lender) and the Lender has received all of the documents and other evidences in relation to the fulfillment of the Conditions Precedent listed in Clause 3 (Conditions Precedent and Conditions Subsequent).
Conditions Precedent and Conditions Subsequent. 3.1. The Loan may be disbursed by the Lender to the Borrower, in one or more tranches and subject to the terms of Clause 2 (the Loan), upon fulfilment of the conditions precedent set out in Schedule V (Conditions Precedent and Conditions Subsequent), which conditions must be complied with by the Borrower, prior to the first Date of Disbursement (“Conditions Precedent”). It is hereby clarified that the Lender shall not be required to disburse any part of the Loan, unless the Borrower has complied with each of the Conditions Precedent (to the extent not expressly waived in writing by the Lender) and the Lender has received all of the documents and other evidences in relation to the fulfilment of the Conditions Precedent listed in Schedule V.
Conditions Precedent and Conditions Subsequent. 4.1 Without prejudice to the generality of Clause 2, the obligations of each Finance Party to the Company and the Borrowers under the Credit Agreement in relation to the Facilities are subject to the fulfilment of all conditions precedent set out in Schedule 3, Part 1 hereof.
Conditions Precedent and Conditions Subsequent. (a) Prior to making a Drawdown Request to the Bank, the Borrower shall comply with all requirements mentioned in this Agreement and all other Finance Documents to ensure that this Agreement and the Finance Documents are legally binding and enforceable against the Borrower.
Conditions Precedent and Conditions Subsequent. 4.1 The obligation of Lender to honor the Commitment is subject to the following conditions precedent:
Conditions Precedent and Conditions Subsequent. 4.1 The obligation of Lender to honor the Commitment is subject to the following conditions precedent: (a) The representations and warranties of Borrowers set forth herein, or in any other document furnished to Lender in connection herewith, shall be true and correct, when made and on and as of the date of the renewal of the Obligations pursuant hereto, as if restated in full on and as of such date; (b) Under shall have received specific corporate resolutions of Development Corporation and Holdings and proof of authority for the person or persons signing this Amendment, the Note or any of the Collateral Documents on behalf of Lumber Company or any Guarantor which is a trust or estate, all of which must be satisfactory in form and substance to Lender; (c) Lender shall have received, in form and substance satisfactory to Lender, fully executed counterparts of this Amendment, the Note, and the modification to the Lumber Company Note; (d) No Default or Event of Default exists hereunder or shall result from the transactions contemplated hereby (except as may have been waived by Lender in writing); (e) Lender shall have received opinions of counsel for Borrowers, Guarantors, and Holding, in form and substance satisfactory to Lender; and, (f) Lender shall have received a frilly executed counterpart of an amendment to the Servicing Agreement, in form and substance satisfactory to it. 4.2
Conditions Precedent and Conditions Subsequent. Notwithstanding anything contained herein to the contrary, this Agreement shall not become effective until (a) completion and delivery to the Agent of each of the following in form and substance acceptable to the Agent: (i) executed counterpart signature pages to this Agreement from each Credit Party, the Owner Trustee, the Trustee and the Majority Secured Parties, (ii) the waiver fee described in Section 12 of this Agreement in immediately available United States dollars, (iii) a bring-down Secretary's Certificate from each Credit Party, dated as of the date hereof, (iv) an Officer's Certificate from the Lessee in the form attached to the Participation Agreement as Exhibit C, dated as of the date hereof (v) good standing certificates dated on or about the date hereof for each Credit Party in the applicable jurisdiction of organization, (vi) executed Joinder Agreements in the form set forth in Exhibit J to the Participation Agreement for each Domestic Subsidiary (including without limitation Acxiom/May & Speh, Inc.) unless such Joinxxx Agreement was previously provided with respect to such Domestic Subsidiary and (vii) all additional documentation and information as the Agent or its legal counsel, Moore & Van Allen, PLLC, may xxxxest, (x) xxx proceedings taken in connection with the transactions contemplated by this Agreement and all documentation and other legal matters incident thereto shall be satisfactory to the Agent and its legal counsel, Moore & Van Allen, PLLC, (c) xxxxutixx, xxxxxery and effectiveness of the following including the terms stated below and otherwise in form and substance acceptable to the Majority Secured Parties an amendment dated as of the date hereof among certain of the parties to the Lessee Credit Agreement which permanently waives the Existing Defaults with respect to the Lessee Credit Agreement, reduces the commitments under the Lessee Credit Agreement to $265,000,000, prohibits the use of advances under the Lessee Credit Agreement for the purposes of paying amounts owing under the Equity Forward Agreement or any refinancing thereof or for any other use not in the ordinary course of the Lessee's business and amends the financial covenants in a manner satisfactory to the Majority Secured Parties ("First Amendment to Lessee Credit Agreement"). The Lessee shall cause to be delivered within 10 days after the date hereof an executed favorable legal opinion from counsel to the Credit Parties dated as of the date hereof and addresse...
Conditions Precedent and Conditions Subsequent. 6.1 Discharge of the Existing Bonds and replacement thereof by the Bonds issued pursuant to this Bond Agreement will be subject to the Bond Trustee having received the documents and evidence in Part I of Attachment 2 (Conditions Precedent and Conditions Subsequent), in form and substance satisfactory to it, no later than two (2) Business Days prior to the Issue Date.
Conditions Precedent and Conditions Subsequent. Notwithstanding anything contained herein to the contrary, this Agreement shall not become effective until (a) the Agent has received executed counterpart signature pages to this Agreement from each Credit Party, the Owner Trustee, the Trustee each Lender and each Holder, (b) completion and delivery to the Agent of each of the following in form and substance acceptable to the Agent: (i) a bring-down Secretary's Certificate from each Credit Party, dated as of the date hereof, (ii) an Officer's Certificate from the Lessee in the form attached to the Participation Agreement as Exhibit C, dated as of the date hereof, and (iii) all additional documentation and information as the Agent or its legal counsel, Xxxxx & Xxx Xxxxx PLLC, may request, (c) no Default or Event of Default shall have occurred and be continuing and (d) all proceedings taken in connection with the transactions contemplated by this Agreement and all documentation and other legal matters incident thereto shall be satisfactory to the Agent and its legal counsel, Xxxxx & Xxx Xxxxx PLLC.
