Conditions of Closing and Advances Sample Clauses

Conditions of Closing and Advances. 22 Section 4.1 Conditions Precedent to Closing ......................................................................... 22 Section 4.2 Conditions Precedent to Initial Incremental Advance ........................................ 22 Section 4.3 Conditions Precedent to All Advances ................................................................ 22 ARTICLE V. COVENANTS ..................................................................................................................... 23 Section 5.1 Affirmative Covenants of Loan Parties ............................................................... 23 Section 5.2 Negative Covenants of Loan Parties ................................................................... 29 ARTICLE VI.
Sample 1
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Conditions of Closing and Advances. ACQUISITIONS 33 4.1 Closing; Conditions of Initial Loans 33 4.1.1 Representations and Warranties 33 4.1.2 Related Transactions 33 4.1.3 Delivery of Documents 33 4.1.4 Performance; No Default 34 4.1.5 Opinions of Counsel 35 4.1.6 Approval of Loan Documents and Security Interests 35 4.1.7 Security Interests 35 4.1.8 Licenses 35 4.1.10 Financial Statements, Reports and Projections; Inspection 35 4.1.11 Material Adverse Effect 35 4.1.12 Use of Assets 35 4.1.13 Broker Fees 35 4.1.14 Insurance; Survey 36 4.1.15 Intentionally Omitted 36 4.1.16 Payment of Fees, Expenses and Loans 36 4.2 Conditions to the Disbursement of the Term Loan A and all Advances 37 4.2.1 Notice of Borrowing 37 4.2.2 Continuation of Representations and Warranties 37 4.2.3 No Existing Default 37 4.2.4 Subsidiary 37 4.3 Conditions to Certain Loans 38 4.3.1 Evidence of Perfected First Priority Security Interest 38 4.3.2 Approval 38 4.3.3 Additional Documentation 38 4.3.4 Acquisition Funding Fee 39 4.4 Additional Conditions to the Disbursement of the proceeds of the Term Loan A 39 4.4.1 Real Estate Acquisition 39 4.4.2 Delivery of Documents 39 4.4.3 Compliance with Certain Provisions of this Loan Agreement 40 4.4.4 Opinions of Counsel 40 4.4.5 Appraisals and Percentage of Acquisition Price 40 4.4.6 Miscellaneous 40 ARTICLE V 41 REPRESENTATIONS AND WARRANTIES 41 5.1 Existence and Power 41 5.2 Authority 41 5.3 Capital Stock and Related Matters 41 5.3.1 Capital Stock 41 5.3.2 Restrictions 41 5.4 Binding Agreements 42 5.5 Business and Property of Borrower 42 5.5.1 Business and Property 42 5.5.2 Licenses 42 5.5.3 Operating Agreements 42 5.5.4 Facility Sites 42 5.5.5 Leases 42 5.5.6 Real Estate 43 5.5.7 Operation and Maintenance of Equipment 43 5.5.8 License Agreements 43 5.6 Title to Property; Liens 43 5.7 Projections and Financial Statements 43 5.7.1 Financial Statements 43 5.7.2 Projections 44 5.8 Litigation 44 5.9 Defaults in Other Agreements; Consents; Conflicting Agreements 44 5.10 Taxes 45 5.11 Compliance with Applicable Laws 45 5.12 Patents, Trademarks, Franchises, Agreements 45 5.13 Regulatory Matters 45 5.14 Environmental Matters 46 5.15 Application of Certain Laws and Regulations 46 5.15.1 Investment Borrower Act 46 5.15.2 Holding Borrower Act 46 5.15.3 Foreign or Enemy Status 46 5.15.4 Regulations as to Borrowing 46 5.16 Margin Regulations 46 5.17 Other Indebtedness 47 5.18 No Misrepresentation 47 5.19 Employee Benefit Plans 47 5.19.1 No Other Plans 47 5.19.2 ERISA and Code Compliance and ...
Sample 1
Conditions of Closing and Advances 
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Related to Conditions of Closing and Advances

  • Conditions of Closing and Borrowing 67 Section 5.1 Conditions to Closing and Initial Extensions of Credit ........................... 67 Section 5.2 Conditions to All Extensions of Credit .................................................... 71 ARTICLE VI

  • Conditions of Closing The Closing shall be held at the offices of the Investor or its counsel. The obligations of the Placement Agent hereunder shall be subject to the continuing accuracy of the representations and warranties of the Company and the Investor herein as of the date hereof and as of the Date of Closing (the "Closing Date") with respect to the Company or the Investor, as the case may be, as if it had been made on and as of such Closing Date; the accuracy on and as of the Closing Date of the statements of the officers of the Company made pursuant to the provisions hereof; and the performance by the Company and the Investor on and as of the Closing Date of its covenants and obligations hereunder and to the following further conditions:

  • Closing Conditions of Closing and Borrowing 50 SECTION 6.1 Closing....................................................................... 50 SECTION 6.2 Conditions to Closing and Initial Extensions of Credit........................ 50 SECTION 6.3 Conditions to All Extensions of Credit........................................ 55

  • Conditions to Obligations of Buyer and Seller The obligations of Buyer and Seller to consummate the Closing are subject to the satisfaction of the following conditions:

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF SELLERS The obligations of Sellers to consummate the transactions contemplated by this Agreement are subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions (any or all of which may be waived by Sellers in whole or in part to the extent permitted by applicable Law):

  • Conditions of the Purchasers’ Obligations at Closing The obligations of each Purchaser to the Company under this Agreement are subject to the fulfillment, on or before the Closing, of each of the following conditions, unless otherwise waived:

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF SELLER The obligations of Seller to consummate the transactions contemplated by this Agreement are subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions (any or all of which may be waived by Seller in whole or in part to the extent permitted by applicable Law):

  • Conditions to Obligations of the Purchasers The obligations of the Purchasers to consummate the transactions contemplated hereby shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions:

  • Conditions to Obligations of the Purchaser The obligations of the Purchaser to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or written waiver, at or prior to the Closing, of each of the following conditions:

  • CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER The obligations of Buyer under this Agreement shall, at the option of Buyer, be subject to the satisfaction, on or prior to the Closing Date, of the following conditions:

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