Common use of Conditions Precedent to the Initial Extension of Credit Clause in Contracts

Conditions Precedent to the Initial Extension of Credit. The obligation of the Lender Group (or any member thereof) to make the initial Advance (or otherwise to extend any credit provided for hereunder), is subject to the fulfillment, to the satisfaction of Agent, of each of the conditions precedent set forth below: (a) the Closing Date shall occur on or before May 31, 2002; (b) Agent shall have filed all financing statements required by Agent, duly executed by Borrower, and Agent shall have received searches reflecting the filing of all such financing statements; (c) Agent shall have received each of the following documents, in form and substance satisfactory to Agent, duly executed, and each such document shall be in full force and effect and, if required by Agent, recorded in the appropriate filing office: (i) Reserved (ii) the Guaranty, (iii) the Mortgages, (iv) the Copyright Security Agreement, (v) the Patent Security Agreement, (vi) the Trademark Security Agreement, (vii) the Cash Management Agreements, (viii) any other Control Agreements, (ix) Bailee Acknowledgements with respect to each leased location which is not subject to a Collateral Access Agreement;

Conditions Precedent to the Initial Extension of Credit. The obligation of the Lender Group (or any member thereof) to make the initial Advance (or otherwise to extend any credit provided for hereunder)) on the Closing Date, is subject to the fulfillment, to the satisfaction of Agent, of each of the conditions precedent set forth below: (a) the Closing Date shall occur on or before May 31April 16, 20022001; (b) Agent shall have filed received all financing statements required by Agent, duly executed by Borrowerthe applicable Borrowers, and Agent shall have received searches reflecting the filing of all such financing statements; (c) Agent shall have received each of the following documents, in form and substance satisfactory to Agent, duly executed, and each such document shall be in full force and effect and, if required by Agent, recorded in the appropriate filing officeeffect: (i) Reserved[Intentionally Omitted] (ii) the GuarantyDisbursement Letter, (iii) the MortgagesDue Diligence Letter, (iv) the Copyright Security AgreementFee Letter, (v) the Patent Security AgreementGuaranties, (vi) the Trademark Security Agreement, (vii) the Cash Management Agreements, (viiivii) any other Control Agreementsthe Contribution Agreement, (ix) Bailee Acknowledgements with respect to each leased location which is not subject to a Collateral Access Agreement;

Conditions Precedent to the Initial Extension of Credit. The obligation of the Lender Group (or any member thereof) to make the initial Advance (or otherwise to extend any credit provided for hereunder), is subject to the fulfillment, to the satisfaction of Agent, of each of the conditions precedent set forth below: (a) the Closing Date shall occur on or before May 31April 16, 20022001; (b) Agent shall have filed received all financing statements required by Agent, duly executed by Borrowerthe applicable Borrowers, and Agent shall have received searches reflecting the filing of all such financing statements; (c) Agent shall have received each of the following documents, in form and substance satisfactory to Agent, duly executed, and each such document shall be in full force and effect and, if required by Agent, recorded in the appropriate filing officeeffect: (i) Reserved[Intentionally Omitted] (ii) the GuarantyDisbursement Letter, (iii) the MortgagesDue Diligence Letter, (iv) the Copyright Security AgreementFee Letter, (v) the Patent Security AgreementGuaranties, (vi) the Trademark Security Agreement, (vii) the Cash Management Agreements, (viiivii) any other Control Agreementsthe Contribution Agreement, (ix) Bailee Acknowledgements with respect to each leased location which is not subject to a Collateral Access Agreement;

Conditions Precedent to the Initial Extension of Credit. The obligation of the Lender Group (or any member thereof) to make the initial Advance (or otherwise to extend any credit provided for hereunder), is subject to the fulfillment, to the satisfaction of Agent, of each of the conditions precedent set forth below: (a) the Closing Date shall occur on or before May 31a date ninety (90) days from the date of this Agreement, 2002unless extended by Agent at its sole discretion, for an additional period of time not to exceed ninety (90) days; (b) Agent shall have filed received all financing statements and fixture filings required by Agent, duly executed by Borrowerthe applicable parties, and Agent shall have received searches reflecting the filing of all such financing statementsstatements and fixture filings; (c) Agent shall have received each of the following documents, in form and substance satisfactory to Agent, duly executed, and each such document shall be in full force and effect and, if required by Agent, recorded in the appropriate filing officeeffect: (i) Reserved the Contribution Agreement, (ii) the Guaranty, Disbursement Letter, (iii) the Mortgages, Due Diligence Letter, (iv) the Copyright Security Agreement, Fee Letter, (v) the Patent Security Agreement, (vi) the Trademark Security Agreement, (vii) the Cash Management Agreements, (viii) any other Control Agreements, (ix) Bailee Acknowledgements with respect to each leased location which is not subject to a Collateral Access Agreement;