Common use of Conditions Precedent to Initial Funding Clause in Contracts

Conditions Precedent to Initial Funding. The obligation of each Lender to make the initial Advance is subject to the condition precedent that Collateral Agent shall have received, in form and substance satisfactory to Collateral Agent, or that Collateral Agent shall have waived in writing the requirement to receive such item, all of the following: (a) The Loan Documents duly executed by Borrower and its Subsidiaries required to sign a Joinder Agreement; (b) A duly executed officer’s certificate of Borrower and any party signing a Joinder Agreement containing the following documents: (i) current certificate of incorporation (or equivalent document), (ii) bylaws, (iii) resolutions authorizing the Loan Documents, (iv) a good standing certificate from each party’s state of formation and from any state where such party is required to be qualified to do business and (v) incumbency and representative signatures; (c) All necessary consents of stockholders or members and other third parties with respect to the execution, delivery and performance of the Loan Documents; (d) All documentation and other information which Agents reasonably requests with respect to the Borrower in order to comply with their ongoing obligations under applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT ACT, the USA FREEDOM Act, IRS Form W-9 and applicable tax forms; (e) The Current Financial Statements of Borrower shall have been delivered to Collateral Agent; (f) Evidence of the insurance coverage required by Section 6.8 of this Agreement; and Equipment Loan and Security Agreement – Beyond Meat (g) Such other documents, and completion of such other matters, as Agents may deem necessary or appropriate.

Conditions Precedent to Initial Funding. The obligation of each Lender to make the initial Advance on the Closing Date is subject to the condition precedent that Collateral Agent shall have received, in form and substance satisfactory to Collateral Agent, or that Collateral Agent shall have waived in writing the requirement to receive such item, all of the following: (a) The Loan Documents duly executed by Borrower and its Subsidiaries required to sign a Joinder Agreement; (b) A duly executed officer’s certificate of Borrower and any party signing a Joinder Agreement containing the following documents: (i) current certificate of incorporation (or equivalent document), (ii) bylaws, (iii) resolutions authorizing the Loan Documents, (iv) a good standing certificate from each party’s state of formation and from any state where such party is, or is required to be be, qualified to do business and (v) incumbency and representative signatures; (c) All necessary consents of stockholders or members and other third parties with respect to the execution, delivery and performance of the Loan Documents; (d) All documentation and other information which Agents Agent reasonably requests with respect to the Borrower any Loan Party in order to comply with their ongoing obligations under applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT ACT, the USA FREEDOM Act, IRS Form W-9 and other applicable tax forms; (e) The Current Financial Statements of Borrower shall have been delivered to Collateral Agent; (f) Evidence of the insurance coverage required by Section 6.8 of this Agreement; and Equipment Loan and Security Agreement – Beyond Meatand (g) Such other documents, and completion of such other matters, as Agents Agent may deem necessary or appropriate. Third Amended and Restated Loan and Security Agreement – ▇▇▇▇▇▇.▇▇ Inc. (January 2024) 20

Conditions Precedent to Initial Funding. The obligation of each Lender to make the initial Advance on the Closing Date is subject to the condition precedent that Collateral Agent shall have received, in form and substance satisfactory to Collateral Agent, or that Collateral Agent shall have waived in writing the requirement to receive such item, all of the following: (a) The Loan Documents duly executed by Borrower ▇▇▇▇▇▇▇▇ and its Subsidiaries required to sign a Joinder Agreement; (b) A duly executed officer’s certificate of Borrower ▇▇▇▇▇▇▇▇ and any party signing a Joinder Agreement containing the following documents: (i) current certificate of incorporation (or equivalent document), (ii) bylaws, (iii) resolutions authorizing the Loan Documents, (iv) a good standing certificate from each party’s state of formation and from any state where such party is, or is required to be be, qualified to do business and (v) incumbency and representative signatures; (c) All necessary consents of stockholders or members and other third parties with respect to the execution, delivery and performance of the Loan Documents; (d) All documentation and other information which Agents Agent reasonably requests with respect to the Borrower any Loan Party in order to comply with their ongoing obligations under applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT ACT, the USA FREEDOM Act, IRS Form W-9 and other applicable tax forms; (e) The Current Financial Statements of Borrower shall have been delivered to Collateral Agent; (f) Evidence of the insurance coverage required by Section 6.8 of this Agreement; and Equipment Loan and Security Agreement – Beyond Meatand (g) Such other documents, and completion of such other matters, as Agents Agent may deem necessary or appropriate.