Conditions Precedent and Conditions Subsequent. 4.1 The obligation of Lender to honor the Commitment is subject to the following conditions precedent: (a) The representations and warranties of Borrowers set forth herein, or in any other document furnished to Lender in connection herewith, shall be true and coreect, when made and on and as of the date of the renewal of the Obligations pursuant hereto, as if restated in lull on and as of such date; (b) Lender shall have received specific corporate resolutions of Development Corporation and Holdings and proof of authority for the person or persons signing this Amendment, the Note or any of the Collateral Documents on behalf of Lumber Company or any Guarantor which is a trust or estate, all of which must be satisfactory in form and substance to Lender; (c) Lender shall have received, in form and substance satis%ctory to Lender, fully executed counterparts of this Amendment, the Note, and the modification to the Lumber Company Note; (d) No Default or Event of Default exists hereunder or shall result from the transactions contemplated hereby (except as may have been waived by Lender in writing); (e) Lender shall have received opinions of counsel for Borrowers, Guarantors, and Holding, in form and substance satisfactory to Lender; and, (f) Lender shall have received a fully executed counterpart of an amendment to the Servicing Agreement, in form and substance satisfactory to it.
Appears in 1 contract
Conditions Precedent and Conditions Subsequent. 4.1 The obligation of Lender to honor the Commitment is subject to the following conditions precedent:
(a) The representations and warranties of Borrowers set forth herein, or in any other document furnished to Lender in connection herewith, shall be true and coreectcorrect, when made and on and as of the date of the renewal of the Obligations pursuant hereto, ; as if restated in lull full on and as of such date;
(b) Lender shall have received specific corporate resolutions of Development Corporation and Holdings and proof of authority for the person or persons signing this Amendment, the Note or any of the Collateral Documents on behalf of Lumber Company or any Guarantor which is a trust or estate, all of which must be satisfactory in form and substance to Lender;
(c) Lender shall have received, in form and substance satis%ctory satisfactory to Lender, (fully executed counterparts of this Amendment, the Note, and the modification to the Lumber Company Note;
(d) No Default or Event of Default exists hereunder or shall result from the transactions contemplated hereby (except as may have been waived by Lender in writing);
(e) Lender shall have received opinions of counsel for Borrowers, Guarantors, and Holding, in form and substance satisfactory to Lender; and,
(f) Lender shall have received a (fully executed counterpart of an amendment to the Servicing Agreement, in form and substance satisfactory to it.
Appears in 1 contract
Sources: Credit Agreement (XCL LTD)
Conditions Precedent and Conditions Subsequent. 4.1 The obligation of Lender to honor the Commitment is subject to the following conditions precedent:
: (a) The representations and warranties of Borrowers set forth herein, or in any other document furnished to Lender in connection herewith, shall be true and coreectcorrect, when made and on and as of the date of the renewal of the Obligations pursuant hereto, as if restated in lull full on and as of such date;
; (b) Lender Under shall have received specific corporate resolutions of Development Corporation and Holdings and proof of authority for the person or persons signing this Amendment, the Note or any of the Collateral Documents on behalf of Lumber Company or any Guarantor which is a trust or estate, all of which must be satisfactory in form and substance to Lender;
; (c) Lender shall have received, in form and substance satis%ctory satisfactory to Lender, fully executed counterparts of this Amendment, the Note, and the modification to the Lumber Company Note;
; (d) No Default or Event of Default exists hereunder or shall result from the transactions contemplated hereby (except as may have been waived by Lender in writing);
; (e) Lender shall have received opinions of counsel for Borrowers, Guarantors, and Holding, in form and substance satisfactory to Lender; and,
, (f) Lender shall have received a fully frilly executed counterpart of an amendment to the Servicing Agreement, in form and substance satisfactory to it.
Appears in 1 contract
Sources: Credit Agreement (XCL LTD)
Conditions Precedent and Conditions Subsequent. 4.1 The obligation of Lender to honor the Commitment is subject to the following conditions precedent:
: (a) The representations and warranties of Borrowers set forth herein, or in any other document furnished to Lender under in connection herewith, shall be true and coreectcorrect, when made and on and as of the date of the renewal of the Obligations pursuant hereto, as if restated in lull flail on and as of such date;
; (b) Lender shall have received specific corporate resolutions of Development Corporation and Holdings and proof of Of authority for the person or persons signing this Amendment, the Note or any of the Collateral Documents on behalf of Lumber Company or any Guarantor which is a trust or estate, all of which must be satisfactory in form and substance to Lender;
; (c) Lender shall have received, in form and substance satis%ctory substance, satisfactory to Lender, fully executed counterparts of this Amendment, the Note, and the modification to the Lumber Company Note;
; (d) No Default or Event of Default exists hereunder or shall result from the transactions contemplated hereby (except as may have been waived by Lender in writing);
; (e) Lender shall have received opinions of counsel for Borrowers, Guarantors, Guarantors and Holding, in form and substance satisfactory to Lender; and,
, (f) Lender shall have received a fully executed counterpart of an amendment to the Servicing Agreement, in form and substance satisfactory to it.
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