Initial Advances and Letters of Credit. The Lenders shall not be required to make the initial Loans or issue any Letters of Credit unless the Company has furnished to the Administrative Agent each of the following, with sufficient copies for the Lenders, all in form and substance reasonably satisfactory to the Administrative Agent and the Lenders:
Initial Advances and Letters of Credit. The Lenders shall not be required to make the initial Loans or issue or participate in any Letters of Credit unless:
Initial Advances and Letters of Credit. The Lenders shall not be required to make the initial Loans or issue any Letters of Credit unless (i) such initial Loans are made not later than October 15, 1997; and (ii) the Borrower has furnished to the Agent each of the following, with sufficient copies for the Lenders, all in form and substance satisfactory to the Agent and the Lenders:
Initial Advances and Letters of Credit. The Lenders shall not be required to make the initial Loans or issue any Letters of Credit or purchase any participations therein unless (i) no law, regulation, order, judgment or decree of any Governmental Authority shall, and the Agent shall not have received any notice that litigation is pending or threatened which is likely to, (A) enjoin, prohibit or restrain the making of the initial Loans on the Closing Date or (B) impose or result in the imposition of a Material Adverse Effect; (ii) there shall have occurred no material adverse change in the primary and secondary loan syndication markets or capital markets generally; and (iii) the Borrower has furnished to the Agent each of the following, with sufficient copies for the Lenders, all in form and substance satisfactory to the Agent and the Lenders:
Initial Advances and Letters of Credit. The Lenders shall not be --------------------------------------- required to make the initial Loans or issue any Letters of Credit unless the Borrowers and Subsidiary Obligors have furnished to the Agent, with sufficient copies for the Lenders, such documents as the Agent or any Lender or its counsel may have reasonably requested, including, without limitation, all of the documents reflected on the List of Closing Documents attached as Exhibit E --------- to this Agreement.
Initial Advances and Letters of Credit. The Lenders shall not be ------------------------------------------- required to make the initial Loans or issue any Letters of Credit unless the Borrower has furnished to the Administrative Agent each of the following, with sufficient copies for the Lenders, all in form and substance satisfactory to the Administrative Agent and the Lenders: (1) Copies of the Certificate of Incorporation of Xxxxxxx, Energizer and each of the Subsidiary Guarantors (other than Energizer) (collectively, the "Loan Parties"), together with all amendments and a certificate of good standing, both certified by the appropriate governmental officer in its jurisdiction of incorporation; (2) Copies, certified by the Secretary or Assistant Secretary of each of the Loan Parties, of its By-Laws and of its Board of Directors' resolutions (and resolutions of other bodies, if any are deemed necessary by counsel for any Lender) authorizing the execution of the Loan Documents entered into by it; (3) An incumbency certificate, executed by the Secretary or Assistant Secre- taryof each of the Loan Parties, which shall identify by name and title and bear the signature of the officers of the Loan Parties authorized to sign the Loan Documents and the officers of Xxxxxxx and (from and after the consummation of the Debt Assumption) Energizer authorized to make borrowings hereunder, upon which certificate the Lenders shall be entitled to rely until informed of any change in writing by the Borrower; provided, that any officer who will neither be a signatory to this Agreement nor an individual requesting borrowings hereunder, shall be permitted to deliver a facsimile of such officer's signature in satisfaction of this Section 5.1(3); --------------- (4) Certificates, in form and substance satisfactory to the Administrative Agent, (a) signed by the Chief Financial Officer of Xxxxxxx, stating that on the Initial Funding Date all the representations in this Agreement made by Xxxxxxx are true and correct and no Default or Unmatured Default has occurred and is continuing and (b) signed by the Executive Vice President-Finance and Control of Energizer, stating that on the Initial Funding Date, all of the representations in this Agreement to be made by Energizer on the Spin-Off Date would be true and correct if such representations were made by Energizer on the Initial Funding Date; (5) The written opinion of the Loan Parties' counsel, addressed to the Administrative Agent and the Lenders, in substantially the ...
Initial Advances and Letters of Credit. The Lenders shall not be required to make the initial Loans or issue any Letters of Credit or purchase any participations therein, in each case, on the Closing Date, unless (i) such initial Loans are made not later than December 31, 1998; (ii) the Subordinated Notes and Senior Notes have been issued and the Borrower has received the net proceeds thereof; (iii) the Xxxxxxxx Acquisition has been consummated; and (iv) the Borrower has furnished to the Administrative Agent each of the following, with sufficient copies for the Lenders, all in form and substance reasonably satisfactory to the Administrative Agent and the Lenders:
Initial Advances and Letters of Credit. The Lender shall not be required to make the Loans as of the Closing Date or issue any Letters of Credit unless the Borrower has furnished to the Lender each of the following, all in form and substance satisfactory to the Lender:
Initial Advances and Letters of Credit. The Borrower hereby confirms that on or prior to the Closing Date, the Borrower has furnished to the Agent each of the following, with sufficient copies for the Lenders, all in form and substance satisfactory to the Agent and the Lenders:
Initial Advances and Letters of Credit. The Lenders shall not be required to make the initial Loans or issue any Letters of Credit unless the Borrowers have furnished to the Agent each of the following, with sufficient copies for the Lenders, all in form and substance satisfactory to the Agent and the Lenders:
