Conditions to Initial Advances Sample Clauses

Conditions to Initial Advances. The agreement of Lenders to make the initial Advances and Letters of Credit requested to be made on the Closing Date is subject to the satisfaction, or waiver by Lenders, immediately prior to or concurrently with the making of such Advances and Letters of Credit, of the following conditions precedent, all in form and substance acceptable to Agent:

Conditions to Initial Advances. The obligation of each Bank to make the initial Advance hereunder is subject to the condition that the Operating Agent shall have received on or before the first borrowing date all of the following, in form and substance satisfactory to the Operating Agent, its counsel and the Banks and in sufficient copies for each Bank:

Conditions to Initial Advances. The obligations of the ------------------------------ Lenders to, on and after the Closing Date, continue advances outstanding under the Existing Credit Agreement as Advances hereunder, make the initial Advances hereunder and receive through the Agent the initial Competitive Bid Request and the initial Notice of Conversion/Continuation, and the obligation of the Issuing Bank to, on and after the Closing Date, continue any letter of credit outstanding under the Existing Credit Agreement as a Letter of Credit hereunder and issue any Letter of Credit hereunder, are subject to the following conditions precedent, each of which shall be satisfied prior to or on the Closing Date: (a) The Agent shall have received all of the following in form and substance reasonably satisfactory to the Agent and legal counsel for the Agent (unless otherwise specified or unless the Agent otherwise agrees): (1) executed counterparts of this Agreement, sufficient in number for distribution to the Borrower, the Agent and each Lender; (2) the Committed Advance Notes, executed by the Borrower in favor of each Lender requesting a Committed Advance Note, each in a principal amount equal to that Lender's Pro Rata Share of the Total Commitment; (3) the Bid Advance Notes, executed by the Borrower in favor of each Lender, each in a principal amount equal to $137,500,000; (4) with respect to Sunrise: (i) the certificate of incorporation of Sunrise as in effect on the Closing Date, certified by the secretary of state of the state of Delaware as of a recent date and by the Secretary or Assistant Secretary of Sunrise as of the Closing Date; (ii) the bylaws of Sunrise as in effect on the Closing Date, certified by the Secretary or Assistant Secretary of Sunrise as of the Closing Date; and (iii) a good standing certificate for Sunrise from the secretary of state of the states of Delaware and California dated as of a recent date; (5) with respect to each Guarantor: (i) if the certificate of incorporation of any Guarantor that was a guarantor under the Existing Credit Agreement has been amended since the date last delivered to the Agent, a copy of such certificate and the bylaws of such Guarantor as in effect on the Closing Date, certified by the Secretary or Assistant Secretary of such Guarantor as of the Closing Date; (ii) with respect to each other Guarantor, its certificate of incorporation and bylaws as in effect on the Closing Date, certified by the secretary of state of the state of its incor...

Conditions to Initial Advances. The agreement of Lender to make the Revolving Advances requested to be made on the Closing Date is subject to the satisfaction, or waiver by Lender, immediately prior to or concurrently with the making of such Revolving Advances, of the following conditions precedent:

Conditions to Initial Advances. The agreement of Agent and the Lenders hereunder is subject to the satisfaction, or waiver by Agent of the following conditions precedent:

Conditions to Initial Advances. The agreement of Lenders to make the initial Advances requested to be made on the Effective Date is subject to the satisfaction, or waiver by Required Lenders, immediately prior to or concurrently with the making of such Advances, of the following conditions precedent:

Conditions to Initial Advances. The obligation of Lenders to make the initial Advances shall be subject to the satisfaction, or waiver by Requisite Lenders, of each of the following conditions precedent on or before February 18, 2000:

Conditions to Initial Advances. The agreement of Lenders to make the initial Advances requested to be made on the Closing Date is subject to the satisfaction, or waiver by Lenders, immediately prior to or concurrently with the making of such Advances, of the following conditions precedent: (a) FILINGS, REGISTRATIONS AND RECORDINGS. Each document (including, without limitation, any Uniform Commercial Code financing statement) required by this Agreement, any Other Document or under law or reasonably requested by the Agent to be filed, registered or recorded in order to create, in favor of Agent, a perfected security interest in or lien upon the Collateral shall have been properly filed, registered or recorded in each jurisdiction in which the filing, registration or recordation thereof is so required or requested, and Agent shall have received an acknowledgment copy, or other evidence satisfactory to it, of each such filing, registration or recordation and satisfactory evidence of the payment of any necessary fee, tax or expense relating thereto;

Conditions to Initial Advances. Lenders shall not be required to make the initial Advances or otherwise extend credit to Borrowers hereunder, until the date that each of the following conditions precedent have been satisfied or waived in a manner and pursuant to documentation satisfactory to Agent in its sole discretion (the first date all such conditions having been satisfied being herein called the “Closing Date”):