Common use of Documentary Deliveries Clause in Contracts

Documentary Deliveries. The Lenders shall have received the following documents, each of which shall be in form and substance acceptable to the Lenders: (i) this Agreement duly executed and delivered by the Borrower and each of the other parties hereto; (ii) a copy of a fully executed agreement providing for the engagement of ▇▇▇▇▇▇▇▇▇ & Co., Inc., as investment banker (or such other investment banker as the Control Agent and the other Lenders shall approve; (iii) a draft Budgeted Cash Flow in accordance with Section 4(b)(i) hereof and a draft Operating Plan in accordance with Section 4(m) hereof, provided, however that, as a condition to the continued forbearance hereunder through the Forbearance Period, Borrower shall deliver to the Control Agent and the other Lenders a final Budgeted Cash Flow and a final Operating Plan satisfactory to the Lenders’ in their sole discretion not later than May 20, 2015; (iv) a final Cost Reduction Plan in accordance with Section 4(o) hereof; (v) documentation evidencing Valeritas Security Corporation as a Subsidiary Guarantor under the Credit Agreement and other Loan Documents; (vi) documentation evidencing the closing, in toto, of the Bridge Equity Financing in accordance with Section 4(n) hereof; and (vii) funding of the Reserve Account in accordance with Section 11(c) hereof and the Side Letter Agreement.

Appears in 3 contracts

Sources: Limited Forbearance Agreement, Limited Forbearance Agreement (Valeritas Holdings Inc.), Limited Forbearance Agreement (Valeritas Holdings Inc.)