Common use of Merger Documents Clause in Contracts

Merger Documents. Alterra Capital fails to provide Administrative Agent with the following on or before the date which is five (5) Business Days (or such longer period as may be acceptable to the Administrative Agent) following the date on which the Merger becomes effective, each in form and substance reasonably satisfactory to the Administrative Agent: (i) an opinion of Bermuda counsel to the Borrowers and (ii) a certificate of the secretary or an assistant secretary of Alterra Capital certifying (A) that attached thereto is a true and complete copy of the memorandum of association of Alterra Capital filed with the Registrar of Companies for the Bermuda Ministry of Finance after giving effect to the Merger, (B) that attached thereto is a true and complete copy of the Bye-laws or similar governing document of Alterra Capital after giving effect to the Merger, and (C) as to the incumbency and genuineness of the signature of each officer of Alterra Capital entitled to execute Loan Documents and request Credit Extensions under the Credit Agreement, and attaching all such copies of the documents described above. (e) Amendment to Schedule 2.01. Schedule 2.01 (Commitments and Applicable Percentages) is amended by substituting Schedule 2.01 attached hereto therefor.

Merger Documents. Alterra Capital fails to provide Administrative Agent with the following on or before the date which is five (5) Business Days (or such longer period as may be acceptable to the Administrative Agent) following the date on which the Merger becomes effective, each in form and substance reasonably satisfactory to the Administrative Agent: : (i) an opinion of Bermuda counsel to the Borrowers and (ii) a certificate of the secretary or an assistant secretary of Alterra Capital certifying (A) that attached thereto is a true and complete copy of the memorandum of association of Alterra Capital filed with the Registrar of Companies for the Bermuda Ministry of Finance after giving effect to the Merger, (B) that attached thereto is a true and complete copy of the Bye-laws or similar governing document of Alterra Capital after giving effect to the Merger, and (C) as to the incumbency and genuineness of the signature of each officer of Alterra Capital entitled to execute Loan Documents and request Credit Extensions under the Credit Agreement, and attaching all such copies of the documents described above. (e) Amendment to Schedule 2.01. Schedule 2.01 (Commitments and Applicable Percentages) is amended by substituting Schedule 2.01 attached hereto therefor.