Evidence that Sample Clauses

Evidence that. (i) the Investors have subscribed or contemporaneously with the making of the initial Advances will subscribe in full in cash an aggregate amount of not less than $63,000,000 (the "Investors' Equity Subscription") for shares in the capital of the Company issued to them pursuant to the Recapitalisation Agreement at Closing; (ii) the Note Issuers shall have received or contemporaneously with the making of the initial Advances will receive in aggregate not less than $160,000,000 pursuant to the Note Purchase Agreement in respect of the issuance and sale of the Notes (the "Note Proceeds") on terms satisfactory to the Facility Agent; and (iii) the maximum aggregate amount payable to Derby International and DFS in cash at Closing will not exceed US$147,000,000 (or the equivalent in other currencies); and that the Investors Equity Subscription and the Note Proceeds have been or will contemporaneously with the making of the initial Advances will be paid into and be standing to the credit of a Blocked Account;

Evidence that. (i) the Mortgage in respect of the Vessel has been duly recorded in the Hong Kong Shipping Register and constitutes a first priority security interest over the Vessel and that all taxes and fees payable to the Hong Kong Shipping Register in respect of that Vessel have been paid in full; (ii) the title to the Vessel is held by the Borrower free of all Security Interests other than Permitted Liens; and (iii) the Vessel is provisionally registered in the name of the Borrower, as appropriate, as a Hong Kong flag ship at the port of Hong Kong.

Evidence that. 7.1.1 each of the Project Accounts; and 7.1.2 a cash cover account of the Borrower with the Fronting Bank, has been opened and are fully operational.

Evidence that. 5.4.1 ▇▇▇▇▇▇ Equity Investors III have subscribed in full an aggregate amount of not less than $22,750,000 in cash by way of equity in the Company (the "EQUITY SUBSCRIPTION") in the agreed form; 5.4.2 the GSIC Note Issuer has received in aggregate not less than $20,000,000 in cash in respect of the GSIC Notes (the "GSIC NOTE PROCEEDS") and that such GSIC Notes are certified by the Company as being "Contribution Indebtedness" as defined under the Note Indentures; and the Equity Subscription and the GSIC Note Proceeds have been or will contemporaneously with the making of the Diamond Back Acquisition be paid into and be made available to the Purchasers so as to enable them to pay, in full, the purchase price, payable in respect of the Diamond Back Acquisition together with the Diamond Back Transaction Costs and any other payments and costs to be met by them pursuant to the terms of the Diamond Back Acquisition Agreement.

Evidence that a Notice of Security over Contract (as described in the Commercial Contracts Security Agreement) has been served on each Buyer under an Export Contract and on Albpetrol Sh.A. in relation to the Petroleum Agreements; and

Evidence that. (i) the title to the Vessel is held by the Borrower or the AIE, as appropriate, free of all Security Interests other than Permitted Liens; (ii) the Vessel is registered in the name of the Borrower or the AIE, as appropriate, as a Canary Islands flag ship at the port of Santa ▇▇▇▇ de Tenerife in the Canary Islands; (iii) there is no Security Interest whatsoever of any kind upon the Vessel or the Obligatory Insurances or Earnings of the Vessel other than Permitted Liens; (iv) the Mortgage and each Swap Bank Mortgage in respect of the Vessel has been duly recorded in the Special Registry of Ships of the Canary Islands in accordance with Spanish law and each constitutes a first priority security interest over the Vessel and that all taxes and fees payable to the Special Registry of Ships of the Canary Islands in respect of the Vessel have been paid in full; and (v) evidence that the Vessel is subject to a safety management system which complies with the ISM Code.

Evidence that i. The release of the Release Parcel complies with all applicable subdivision regulations including, without limitation, evidence that the Release Parcel is a separate, legally subdivided lot. ii. The Land remaining after the proposed release can be foreclosed upon as a separate parcel or parcels. iii. The proposed release will not affect the existing use of the remaining Land (e.g. all necessary parking requirements, setback requirements and access requirements for the then existing use remain satisfied after the release). iv. Appropriate arrangements have been made for the Release Parcel to be taxed as a parcel separate from the remaining Land. v. Adequate provision has been made for all easements necessary for service of the remaining Land by utilities, for ingress and egress and for lateral support. vi. Adequate provision has been made for parking for the then existing tenants in the office building located on the Land at a parking garage reasonably proximate to the Land (in Lender's discretion), and if required by Lender, Borrower shall cause the owner of such parking garage to enter into an agreement (which agreement shall contain terms and conditions acceptable to Lender and shall be assigned to Lender) to permit Borrower's tenants to park in such parking garage.