Common use of Conditions Precedent to Initial Use Clause in Contracts

Conditions Precedent to Initial Use. of the Commitments on and after the Closing Date. The obligation of the Banks on or after the Closing Date to make the initial Loans is subject to the conditions precedent that the Administrative Agent shall have received on or before the Closing Date each of the following documents, in form and substance satisfactory to the Administrative Agent, each Bank and their respective counsel, and each of the following requirements shall have been fulfilled: (A) Evidence of Due Organization and all Corporate Actions by the Company. A certificate of the Secretary or Assistant Secretary of the Company dated the Closing Date, attesting to the certificate of incorporation of the Company and all amendments thereto, to the amended bylaws of the Company, and to all corporate actions taken by the Company, including resolutions of its board of directors, authorizing the execution, delivery, and performance of the Loan Documents, and each document to be delivered pursuant to the Loan Documents. (B) Incumbency and Signature Certificate of the Company. A certificate of the Secretary or Assistant Secretary of the Company, dated the Closing Date, certifying the names and true signatures of the officers of the Company authorized to sign the Loan Documents, and any documents to be delivered pursuant to the Loan Documents. (C) Good Standing Certificate of the Company. A certificate, dated within ten (10) Business Days of the Closing Date, from the Secretary of State (or other appropriate official) of the jurisdiction of incorporation of the Company certifying as to the due incorporation and good standing of the Company.