Common use of Borrower Documents Clause in Contracts

Borrower Documents. On or before the Closing Date, each Borrower shall deliver or cause to be delivered to Lenders (or to Administrative Agent for Lenders with sufficient copies, where appropriate, for each Lender) the following, each, unless otherwise noted, dated the Closing Date: (i) Certified copies of its Articles or Certificate of Incorporation, together with a good standing certificate from the Secretary of State (or comparable official) of its jurisdiction of incorporation, each dated a recent date prior to the Closing Date; (ii) Copies of its Bylaws, certified as of the Closing Date by its corporate secretary or an assistant secretary; (iii) Resolutions of its Board of Directors approving and authorizing the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party, certified as of the Closing Date by its corporate secretary or an assistant secretary as being in full force and effect without modification or amendment; (iv) Signature and incumbency certificates of its officers executing this Agreement and the other Loan Documents to which it is a party; (v) Executed originals of this Agreement, the Notes (duly executed in accordance with subsection 2.1E, drawn to the order of each Lender and with appropriate insertions) and the other Loan Documents to which it is a party; and (vi) Such other documents as any Primary Agent may reasonably request.

Appears in 1 contract

Sources: Credit Agreement (Safeway Inc)

Borrower Documents. On or before the Closing Date, each Borrower shall deliver or cause to be delivered to Lenders (or to Administrative Agent Co-Arrangers for Lenders with sufficient copies, where appropriate, for each Lender) the following, each, unless otherwise noted, dated the Closing Date: (i) Certified copies of its Articles or Certificate of Incorporation, together with a good standing certificate from the Secretary of State (or comparable official) of its jurisdiction of incorporation, each dated a recent date prior to the Closing Date; (ii) Copies of its Bylaws, certified as of the Closing Date by its corporate secretary or an assistant secretary; (iii) Resolutions of its Board of Directors approving and authorizing the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party, certified as of the Closing Date by its corporate secretary or an assistant secretary as being in full force and effect without modification or amendment; (iv) Signature and incumbency certificates of its officers executing this Agreement and the other Loan Documents to which it is a party; (v) Executed originals of this Agreement, the Notes (duly executed in accordance with subsection 2.1E, drawn to the order of each Lender and with appropriate insertions) and the other Loan Documents to which it is a party; and (vi) Such other documents as any Primary Agent may reasonably request.

Appears in 1 contract

Sources: Credit Agreement (Safeway Inc)

Borrower Documents. On or before the Closing Initial Borrowing Date, each Borrower shall deliver or cause to be delivered to Lenders (or to Administrative Agent for Lenders with sufficient copies, where appropriate, for each Lender) Lender the following, each, unless otherwise noted, dated the Closing Initial Borrowing Date: (i) Certified copies of its Certificate or Articles or Certificate of Incorporation, together with a good standing certificate from the Secretary of State (or comparable official) of the State of its jurisdiction of incorporationincorporation and each other state in which it is qualified as a foreign corporation to do business, each dated a recent date prior to the Closing Initial Borrowing Date; (ii) Copies of its Bylaws, certified as of the Closing Initial Borrowing Date by its corporate secretary or an assistant secretary; (iii) Resolutions of its Board of Directors approving and authorizing the execution, delivery and performance of this Agreement and the other Loan Documents to which it is a party, certified as of the Closing Initial Borrowing Date by its corporate secretary or an assistant secretary as being in full force and effect without modification or amendment; (iv) Signature and incumbency certificates of its officers executing this Agreement and the other Loan Documents to which it is a partyDocuments; (v) Executed originals Originals of this Agreement, Agreement and the Notes Note (duly executed by Borrowers in accordance with subsection 2.1E2.1D, drawn to the order of each Lender and with appropriate insertions) and the other Loan Documents to which it is a partyDocuments; and (vi) Such other documents as any Primary Agent Lender may reasonably request.

Appears in 1 contract

Sources: Debtor in Possession Credit Agreement (Fruehauf Trailer Corp)

Borrower Documents. On or before the Closing Date, each Borrower shall deliver or cause to be delivered to Lenders (or to Administrative Agent for Lenders with sufficient originally executed copies, where appropriate, for each LenderLender and its counsel) the following, each, unless otherwise noted, dated as of the Closing Date: (i) Certified copies of its Certificate or Articles or Certificate of Incorporation, together with a good standing certificate from the Secretary of State (or comparable official) of its jurisdiction of incorporationincorporation and each other state or province in which it is qualified as a foreign corporation to do business and, to the extent generally available, a certificate or other evidence of good standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such jurisdictions, each dated a recent date prior to the Closing Date; (ii) Copies of its Bylaws, certified as of the Closing Date by its corporate secretary or an assistant secretary; (iii) Resolutions of its Board of Directors approving and authorizing the execution, delivery and performance of this Agreement and the other Loan Documents and Related Agreements to which it is a party, certified as of the Closing Date by its corporate secretary or an assistant secretary as being in full force and effect without modification or amendment; (iv) Signature and incumbency certificates of its officers executing this Agreement and the other Loan Documents to which it is a party; (v) Executed originals of this Agreement, the Notes (duly executed in accordance with subsection 2.1E2.1F, drawn to the order of each applicable Lender and with appropriate insertions) and the other Loan Documents to which it is a party; and (vi) Such other documents as any Primary Agent may reasonably request.

Appears in 1 contract

Sources: Credit Agreement (Hines Holdings Inc)

Borrower Documents. On or before the Closing Date, each Borrower shall deliver or cause to be delivered to Lenders (or to Administrative Agent for Lenders with sufficient copies, where appropriate, for each Lender) the following, each, unless otherwise noted, dated as of the Closing Date: (i) Certified certified copies of its Articles or Certificate of IncorporationConstituent Documents, together with a good standing certificate from the Secretary of State (or comparable official) of the state of its jurisdiction incorporation and each other Material State and, to the extent generally available, a certificate or other evidence of incorporationgood standing as to payment of any applicable franchise or similar taxes from the appropriate taxing authority of each of such states, each dated a recent date or brought down to a recent date prior to the Closing Date; (ii) Copies an officer's certificate of Borrower certifying (A) its BylawsConstituent Documents, certified as of the Closing Date by its corporate secretary or an assistant secretary; (iiiB) Resolutions resolutions of its Board of Directors approving and authorizing the execution, delivery delivery, and performance of this Agreement and the other Loan Documents to which it is a partyDocuments, certified as of the Closing Date by its corporate secretary or an assistant secretary as being in full force and effect without modification or amendment; , and (ivC) Signature signatures and incumbency certificates of its officers executing this Agreement and the other Loan Documents to which it is a partyDocuments; (viii) Executed executed originals of this Agreement, the any Notes (duly executed in accordance with subsection 2.1Erequested by any Lenders pursuant to SECTION 3.1(a)(ii), drawn to the order of each Lender and with appropriate insertions) and the other Loan Documents to which it is a partybe executed by Borrower; and and (viiv) Such other documents Uniform Commercial Code searches as any Primary Administrative Agent may reasonably requestrequest covering Borrower, as debtor, and showing no Liens on any of Borrower's assets (other than Permitted Liens).

Appears in 1 contract

Sources: Revolving Credit Agreement (Protection One Alarm Monitoring Inc)