Examples of Initial Advance Note in a sentence
All corporate and other proceedings, and all documents, instruments and other legal matters in connection with the transactions contemplated by this Agreement, the Initial Advance Note and the other Loan Documents shall be reasonably satisfactory in form and substance to Lender.
Each of the representations and warranties made by Borrower in or pursuant to this Agreement, the Initial Advance Note or any other Loan Document delivered in connection herewith or therewith shall be true and correct in all material respects on and as of such date as if made on and as of such date, unless stated to relate to a specific earlier date.
Lender shall have received a certificate of the secretary or an assistant secretary (or other appropriate representative) of Borrower as to the incumbency and signature of the officer(s) or other representatives of Borrower executing this Agreement, the Initial Advance Note, the other Loan Documents (other than the Second Advance Note) and any certificate or other documents to be delivered pursuant hereto or thereto.
The Advances made by Lender to Borrower pursuant hereto shall be evidenced by an Initial Advance Note and a Second Advance Note each payable to the order of Lender in an aggregate amount equal to the principal amount of the Initial Advance or the Second Advance, as appropriate.
Lender shall have received (i) this Agreement, executed and delivered by a duly authorized officer of Borrower, (ii) the Initial Advance Note, conforming to the requirements hereof, executed and delivered by a duly authorized officer of Borrower, and (iii) each of the other Loan Documents (other than the Second Advance Note and the Escrow Agreement), conforming to the requirements hereof, executed and delivered by a duly authorized officer or representative of Borrower.
Lender shall have received (i) this Agreement, executed and delivered by a duly authorized officer of Borrower, (ii) the Initial Advance Note, conforming to the requirements hereof, executed and delivered by a duly authorized officer of Borrower, and (iii) the Security Agreement, conforming to the requirements hereof, executed and delivered by a duly authorized officer or representative of Borrower.
References in the Loan Documents to “Note” mean the Initial Advance Note and the Earnout Advance Note.
Each of the representations and warranties made by Borrower in or pursuant to this Agreement, the Initial Advance Note or any other Loan Document delivered in connection herewith or therewith shall be true and correct in all material respects on and as of April 25, 2009.
Lender shall have received a certificate of the secretary or an assistant secretary (or other appropriate representative) of Borrower as to the incumbency and signature of the officer(s) or other representatives of Borrower executing this Agreement, the Initial Advance Note, the Security Agreement and the Escrow Agreement and any certificate or other documents to be delivered pursuant hereto or thereto.
Any or all of the Initial Advance Note, the Second Advance Note or any Working Capital Note may be converted to equity in Borrower (a) at any time upon the mutual agreement of Borrower and Lender or (b) by Borrower if the merger and acquisition is not completed in accordance with the Plan of Merger.