Common use of Conditions Precedent to Initial Advance Clause in Contracts

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of --------------------------------------- Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretowarrant to purchase stock; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (g) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance or Equipment Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; ; (c) a negative pledge agreement in substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; financing statements (d) financing statement (Form Forms UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; financing statements (d) financing statement (Form Forms UCC-1); (ed) insurance certificate; (fe) a Collateral auditaudit acceptable to Bank; (gf) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (g) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the fees and Bank Expenses then due specified in Section 2.5 2.4 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretoan intellectual property security agreement; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (g) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: : (a) this Agreement; ; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; ; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; promissory note; (d) financing statement (Form UCC-1); insurance certificate; (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; (f) accounts receivable audit prior to an Advance under Section 2.1; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) the Revolving Promissory Note; (c) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1)an opinion of Borrower's counsel; (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 2.7 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this AgreementNotes; (c) a negative pledge agreement substantially in the same form as Exhibit E heretoan opinion of each Borrower's counsel; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (e) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (ed) insurance certificatepatent and/or trademark security agreements; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of either Bank to make the initial Advance is or Inventory Advance subject to the condition precedent that such Bank shall have received, in form and substance satisfactory to such Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof, provided reasonably detailed invoices are received; and (d) such other documents, and completion of such other matters, as Banks may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary officer or manager, as applicable, of Borrower with respect to articlesarticles of incorporation, bylaws, articles of organization, operating agreement, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretocompletion by Bank of an audit of Borrower's financial condition, acceptable to Bank; (d) financing statement statements (Form Forms UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and;

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance or Term Loan Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) the Revolving Promissory Note; (c) the Term Note; (d) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (e) insurance certificatean opinion of Borrower's counsel; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; financing statements (d) financing statement (Form Forms UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the fees and Bank Expenses then due specified in Section 2.5 2.4 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance or Equipment Term Loan Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) the Revolving Promissory Note; (c) the Equipment Term Notes; (d) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (e) insurance certificatean opinion of Borrower's and each Subsidiary's counsel; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretoNotes; (d) financing statement (Form UCC-1)the Negative Pledge Agreement; (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement, the Working Capital Promissory Note and the Equipment Line Promissory Note each duly executed by Borrower; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretofinancing statements (Forms UCC-l); (d) financing statement (Form UCC-1insurance certificate(s); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and; (f) and such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to --------------------------------------- make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form Forms UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary or Manager of each Borrower with respect to articlesarticles of incorporation, bylaws, articles of organization, operating agreement, as applicable, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretofinancing statements (Forms UCC-1); (d) financing statement (Form UCC-1)insurance certificates; (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and(f) Certificate(s)

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; an intellectual property security agreement; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement in substantially in the same form as Exhibit E attached hereto; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and (g) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the me fees and Bank Expenses then due specified in Section 2.5 hereof; and (f) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank --------------------------------------- to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E heretoReaffirmation of Guaranties by Guarantors; (d) financing statement (Form UCC-1); (e) insurance certificate; (f) Collateral audit; (g) payment such other documents, and completion of the fees and such other matters, as Bank Expenses then due specified in Section 2.5 hereof; andmay reasonably deem necessary or appropriate.

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance reasonably satisfactory to Bank, the following: : (a) this Agreement; ; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; ; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; (d) financing statement (Form UCC-1); (d) an audit of Borrower's Accounts; (e) insurance certificate; (f) Collateral audit; (g) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and

Conditions Precedent to Initial Advance. The obligation of Bank to make the initial Advance is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to articles, bylaws, incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a negative pledge agreement substantially in the same form as Exhibit E hereto; financing statements (d) financing statement (Form Forms UCC-1); (ed) insurance certificate; (f) Collateral audit; (ge) payment of the fees and Bank Expenses then due specified in Section 2.5 hereof; and;