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 or issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement in substantially the form of Exhibit D hereto; --------- (d) financing statements (Forms UCC-1); (e) insurance certificate; (f) payment of the fees and Bank Expenses then due specified in Section 2.4 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 issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement in substantially the form of Exhibit D hereto; ---------an intellectual property security agreement; (d) financing statements (Forms UCC-1); (e) insurance certificate; (f) payment of the fees and Bank Expenses then due specified in Section 2.4 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 any Bank --------------------------------------- to make the initial Advance or issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement certificate of the Secretary of State of Delaware and California with respect to Borrower's standing (and foreign qualification) in substantially the form of Exhibit D hereto; ---------said states; (d) financing statements statement amendments (Forms UCC-1Form UCC-2); (e) insurance certificate; (f) payment of the fees and Bank Expenses then due (to the extent invoiced) specified in Section SECTION 2.4 hereof; and (g) such other documents, and completion of such other matters, as Bank the Banks may reasonably deem necessary or appropriaterequest prior to the Closing Date.

Conditions Precedent to Initial Advance. The obligation of Bank --------------------------------------- to make the initial Advance or issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement promissory note made by Borrower in substantially favor of Bank in the form of attached hereto as Exhibit D hereto; ---------C, (d) a warrant agreement; (e) a collateral assignment and patent mortgage; (f) financing statements (Forms UCC-1); (eg) insurance certificate; (fh) payment of the fees and Bank Expenses then due specified in Section 2.4 hereof; and (gi) 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 --------------------------------------- to make the initial Advance or issue the Letter of Credit is subject to the conditions 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 duly executed original negative pledge agreement in substantially the form of Exhibit D hereto; ---------covering intellectual property; (d) an opinion of Borrower's counsel; (e) limited guaranties by each Guarantor of the Committed Revolving Line only; (f) financing statements (Forms UCC-1); (eg) insurance certificate; (fh) payment of the fees and Bank Expenses then due specified in Section 2.4 25 hereof; and; (gi) such other documents, and completion Certificate of such other matters, as Bank may reasonably deem necessary or appropriate.Foreign Qualification (if applicable);

Conditions Precedent to Initial Advance. The obligation of Bank --------------------------------------- to make the initial Advance or issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (cd) a duly executed original negative pledge agreement in substantially the form an opinion of Exhibit D hereto; ---------Borrower's counsel; (de) financing statements (Forms UCC-1); (ef) insurance certificate; (fg) payment of the fees and Bank Expenses then due specified in Section 2.4 2.6 hereof; and (gh) 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 issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement in substantially the form of Exhibit D hereto; ---------an intellectual property security agreement; (d) warrant to purchase stock and related agreements as shall be requested by Bank; (e) financing statements (Forms UCC-1); (ef) insurance certificate; (fg) payment of the fees and Bank Expenses then due specified in Section 2.4 2.6 hereof; and (gh) 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 issue the Letter of Credit is subject to the conditions condition precedent that Bank shall have received, in form and for substance satisfactory to Bank, the following: (a) this Agreement; (b) a certificate of the Secretary of Borrower with respect to incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement in substantially the form of Exhibit D hereto; ---------collateral assignment and patent mortgage; (d) financing statements statement (Forms Form UCC-1); (e) subordination agreements from certain Persons; (f) insurance certificate; (fg) payment of the fees and Bank Expenses then due specified in Section 2.4 2.5 hereof; and (gh) 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 --------------------------------------- to make the initial Advance or issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement in substantially the form of Exhibit D hereto; ---------financing statement (Form UCC-1); (d) financing statements (Forms UCC-1)an intercreditor agreement; (e) insurance certificate; (f) an audit of Borrower's Accounts; (g) payment of the fees and Bank Expenses then due specified in Section 2.4 2.5 hereof; and (gh) 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 issue the Letter of Credit is subject to the conditions 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 incumbency and resolutions authorizing the execution and delivery of this Agreement; (c) a duly executed original negative pledge agreement in substantially the form of Exhibit EXHIBIT D hereto; ---------; (d) the LIBOR Supplement; (e) financing statements (Forms UCC-1); (ef) insurance certificate; (fg) payment of the fees and Bank Expenses then due specified in Section 2.4 2.5 hereof; and (gh) such other documents, and completion of such other matters, as Bank may reasonably deem necessary or appropriate.